Contract model No. 1 for Suomen Tiedekustantajien liitto r.y. - Finnish Association for Scholarly Publishing

Original version 2000 / 1 / 15.12.1999 / Updated 11.11.2009

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CONTRACT MODEL: GENERAL TERMS OF THE PUBLISHING CONTRACT

PUBLISHER: ___________________________________________________________

AUTHOR OR AUTHORS: ______________________________________________________

THE WORK, TO WHICH PUBLISHING CONTRACT THE CONTRACT MODEL IS APPLIED:

____________________________________________________________

OBJECT OF CONTRACT
The author answers/the authors answer for that he has/they have the full copyright to the work and as parts in the work, inserted pictures, tables and other corresponding material, or that right to publish has been acquired for it. Expenses caused by these rights may be allocated to the authors directly, unless otherwise agreed upon separately in the appendix to this contract.

A concluded publishing contract is also valid for the second issue and other later issues/electronic versions of the work.

PURPOSE OF CONTRACT AND ASSIGNED RIGHTS
The purpose of the contract is to transfer the financial rights of the work to the publisher, while the moral rights of the work remain with the author. §§ 31‑37 of the Copyright Act (404/61) are thus not applied. The contents of the financial and moral rights of this contract have been specified below.

Among the financial rights is the right to republish the work, or a clearly defined part thereof, in another publishing form or to convey such a right to another publisher. The publisher reserves the right to include the work as a part of a smaller or larger publication.

The rights of the publisher are exclusive, discounting the following exceptions.

The publisher may not change the contents of the work without explicit authorization of the author.

The publisher holds the rights to publishing the work, or parts of it, in other languages.

The author is entitled to use individual passages of the work as parts of a later work which differs significantly from the object of this agreement, or in which the scientific content of the work has been significantly updated and the work is not a new edition of the current one.

The author may not publish the work simultaneously with another publisher without the explicit written authorization of the publisher. / The author may publish the work simultaneously on his or her website / upload it onto an open electronic platform for the viewing of an open audience after 6 / 12 / 24 months of the first published edition of the work.

THE PUBLISHER’S AND AUTHOR’S/AUTHORS’ RIGHTS AND RESPONSIBILITES IN CONNECTION WITH THE FIRST PUBLISHING FORM
The publisher determines the layout for the work, its edition and place of printing or realization in electronic form.

A work, which is to be published in electronic form, may be distributed through a server chosen by the publisher / on CD-ROM or by other electronic transmission / publication in electronic form shared by several publishers, database or databank.

THE PUBLISHER’S RIGHTS AND RESPONSIBILITIES IN CONNECTION WITH REPUBLISHING AND OTHER FORMS OF PUBLISHING
The work may be republished
as printed matter / only in electronic form on a server chosen by the publisher / CD-ROM or by other electronic transmission/publication shared by several publishers, database or databank.

The publisher has the right to republish the work in all the forms of publishing covered by this contract as well as determine the layout of these publications, their way of realization, editing or the conditions of use of the electronic forms of publications.

By republishing, the publisher is also obliged to note those changes reported by the author/the authors which are mainly amendments of a technical nature and may be added to the work without considerable additional costs, such as a new make-up. Such corrections must be delivered to the publisher without delay after he has announced the republishing.

The publisher is obliged to make sure that the author’s name/authors’ names, his/their copyrights and the information of the original publishing form appears with every republishing.

When republishing the work in the same publishing form no fee is paid/a fix single payment to the sum of _______ euros is paid/an author’s fee amounting to ___ per cent of the net selling price of the work, excluding value-added tax, is paid. No fee is paid for free copies of the work distributed by the publisher, nor for copies sold to less than one third of their guiding price by clearance sales and stock clearances.

If the republishing occurs by the publisher in a different publishing form, no fee is paid/a fix single payment to the sum of _______ euros is paid/an author’s fee amounting to ___ per cent of the net selling price of the work, excluding value-added tax, is paid (after the sales have exceeded ___ copies). No fee is paid for free copies of the work distributed by the publisher, nor for copies sold to less than one third of their guiding price by clearance sales and stock clearances.

If the publisher for compensation assigns the work to be republished by another publisher, or by several publishers jointly, the compensation thereof shall be halved between the publisher and the author/the authors.

VALIDITY OF CONTRACT
This contract is valid for the entire duration that it is legally protected.

If the work is out of print and the publisher does not republish it within a year from the request of the author/authors, the author/authors are entitled to dissolve the contract. Rights to dissolution are withheld if the work has been made available online in electronic form by the publisher.

This contract is valid for ten years from the date the work has last been published in a publishing form covered by this contract. The publisher has, however, the right to republish the work after the expiration of the contract in accordance with this contract during all the time the work is legally protected.

However, the contract may not be dissolved if the work is continuously hosted on an electronic platform on the server of the publisher and viewable to an audience.

The author is / the authors are entitled to dissolve the contract if the content of the work is significantly outdated, and the publisher is unwilling to publish a newer edition of the work in question with the terms stated in this agreement and within a reasonable period of time from the moment of the request, despite the requests of the author / author’s representative.

DISPUTES
A dispute arising from this contract will be tried in the general court of first instance of the publisher’s domicile, unless the parties jointly agree on such an arbitration where the Federation of Finnish Learned Societies nominates one arbitrator.

DATES AND SIGNATURES
This contract shall be appended to the publishing contract, drafted on the same day, and has been drawn up with a signed copy for the publisher and one for each author.

 

___________________ ___. ___. 20___

 

_________________________________
The publisher’s name and signer’s name in block letters

 

___________________ ___.___.20___

 

________________________________
Signatures of each author and their names in block letters

(Appendices:
Specified, if required, e.g.
Division of rights between the authors
Distribution of material costs
Distribution of the correction costs of the copy)