BLM 3015 Oct sem.

, AY11/12

Intellectual Property, Media Law & Ethics Individual Project Review of a Publishing Agreement
Attached is a publishing agreement to be entered into by Mr Theodore Low and PNS Media Pte Ltd. Your tutor will determine whether you are reviewing the contract for Mr Theodore Low or PNS Media Pte Ltd. Examine the publishing agreement closely and: Identify FOUR (4) main clauses in the contract that are NOT in favour of the party you are representing. Explain the reasons why those particular clauses are NOT in favour of the party you are representing. Propose changes (i.e. amendments, deletions etc) that you would want to make to those clauses. You are expected to independently research and refer to precedents available in the library/internet or to any other precedents you have access to. Accordingly, you will need to include in your written work a bibliography of your resources. You DO NOT need to deal with the intellectual property issues that arise in this contract as the lectures on IP law are still ongoing. This project is to be completed individually. The schools rules regarding plagiarism are: Plagiarism includes taking someones work or phraseology and passing it off as your own. It also includes situations where the designated individual work is written by one or more persons, and where assistance is obtained from other persons when writing the work. It also includes verbatim copying from published works or precedents. When plagiarism is discovered, both the person plagiarising and the person whose work was plagiarised, whether with permission or otherwise, will be penalised. The penalty may include disciplinary action resulting in dismissal from school. In line with this policy, you are to complete the declaration at Annex B, and attach it to your submitted written work. This project is to be submitted into Ms Lim Poh Bees yellow box outside Room #06-10 by Tuesday, 3 January 2012, 5.00 p.m. Late submissions will be penalised. Your written work should: 1. Use Arial font size 12 on A4 sized paper 2. Use the cover page provided here as Annex A. Annex B should be attached as page 2. 3. Include a bibliography of the sources of your research. 4. Be securely stapled together with the cover page on top. DO NOT put your work into files or folders or envelopes. 1

BLM 3015 Oct sem., AY11/12

ANNEX A

Intellectual Property, Media Law & Ethics Individual Project Review of a Publishing Agreement

Name: _____________________________ Admin No: _________________ Class: ________________________ Tutor: __________________________ MARKING SCHEME 1. Relevance/Appropriateness of Clauses identified, explanation given and suggested amendments (20 marks for each clause; max. 80 marks) Examiners Comments Marks Awarded

2. Grammar, Spelling, Clarity of language (max. 10 marks) 3. Presentation/Format (max. 10 marks)

TOTAL MARKS/100
NOTE: This individual project accounts for 30% of your overall subject grade.

Please abide by the CARDINAL RULE with regards to any piece of writing! Your written work should be AS LONG AS NECESSARY TO COVER ALL ESSENTIALS, AS SHORT AS POSSIBLE TO KEEP IT EXCITING!
2

BLM 3015 Oct sem., AY11/12

ANNEX B

Intellectual Property, Media Law & Ethics Individual Project Review of a Publishing Agreement

By submitting this work, I declare that I am the originator of this work and that all other original sources used in this work have been appropriately acknowledged. I understand that plagiarism is the act of taking and using the whole or any part of another persons work and presenting it as my own without proper acknowledgement. I also understand that plagiarism is an academic offence and that disciplinary action will be taken for plagiarism.

Full Name of Student & Admin No.

Signature

Date

______________________________

_____________

____________

BLM 3015 Oct sem., AY11/12

PNS Media Pte Ltd PUBLISHING AGREEMENT

Parties

THIS AGREEMENT is made on the _______ day of ________ 2012 between Theodore Low Chee Kiang (NRIC No: S6985274C) of 116 Rochester Rise, Singapore 250035 ( the Author) of the one part and PNS Media Pte Ltd of 23 Carson Street, Capital Square, #01-01 Singapore 753159 ('the Publishers) for themselves, their successors and assigns of the other part.

Recital

WHEREAS 1. The Author is compiling a manuscript of approximately 80,000 words in the English language at present entitled The Lost Paradise (hereinafter called the Work) and owns the copyright therein. 2. The Publishers have agreed, subject to the terms and conditions hereinafter contained to publish the Work. 3. As consideration for the said agreement and as a condition thereof, the copyright in the Work and in any translations and subsequent editions thereof shall vest in the Publishers as long as the Work shall stay in print.

Delivery of manuscript with illustrations

NOW IT IS HEREBY AGREED as follows: 1. The Author shall at his own expense prepare the Work for publication, to the approval of the Publishers, and deliver by 31 st July 2013 the final form of the Work to the Publishers in a condition ready for pre-press production, complete with a proper table of contents and suitable illustrative materials (hereinafter referred to as illustrations). 2. The Publishers shall be entitled to make any additions and alterations to or deletions from the text or illustrations of the Work which they or their advisers consider desirable for literary or technical reasons, without the consent of the Author. 3. The Author shall at his own expense correct all proofs and revisions of the Work from time to time furnished to him and return the said proofs and revisions corrected to the Publishers within 7 days of receiving the same. If the cost of the Authors corrections of the proofs or artwork of the Work, including the Publishers errors, exceeds five per cent (5%) of the cost of the original composition or artwork, the excess shall be borne by the Author. 4. If the Author shall fail to fulfil or comply with any of the obligations imposed upon the Author in the foregoing provisions of this agreement within 7 days after receipt of written notice from the Publishers of such failure, the Publishers shall have the option to terminate this Agreement without prejudice to any claim which the Publishers may have either for monies due and/or damages and/or otherwise. 1

Publishers right to amend

Author to correct proofs and revisions

Publishers right to terminate

BLM 3015 Oct sem., AY11/12 Agreement to publish

5. (a) The Publishers shall, subject to the terms and conditions herein contained, publish the Work, within 7 days after the complete corrected and revised text with table of contents shall have been delivered to the Publishers. (b) The Publisher shall indemnify the Author for any loss or damage howsoever caused to the Work while it is in their custody or in the course of preparation for publication. 6. The Publishers and the Author shall determine the method of publication and the paper, printing, binding, design and illustrative materials, the manner and extent of promotion and advertising, the number and distribution of the free copies for review or otherwise and the price and terms of sale of the first or any other subsequent editions of the Work. The Publishers, with the consent of the Author (such consent shall not be unreasonably withheld) shall have the right to raise or reduce the published price of the Work. In the event that the parties are unable to agree on any of the above, the common market practice shall be adopted. 7. The Publishers shall bear all the expenses of production and advertising provided always that if the cost of the Authors corrections of the proofs and artwork of the Work or revisions thereof, including the Publishers errors, exceeds five per cent (5%) of the cost of pre-press production and/or artwork respectively, the excess amount shall be paid by the Author immediately. The Publishers shall not be required to continue with the publication of the Work until such amount is settled by the Author in full. 8. (a) In consideration of the payments hereinafter mentioned, the Author as beneficial owner hereby assigns to the Publishers the right to publish the Work throughout the world for the whole legal term of this Agreement including any renewal or renewals thereof and grants to the Publishers, during the continuance of this Agreement, the exclusive right of producing and selling the Work throughout the world. (b) The rights so granted to the Publishers do not include performance rights. 9. The Author gives permission to the Publishers to use the Authors name in the Work and in any subsequent editions thereof irrespective of whether there have been any additions or alterations made thereto by persons other than the Author. 10. In the event that the Author has reproduced in the Work any subject matter (including but not limited to any work, photograph, design, sound recording, cinematograph film, television broadcast, sound broadcast or cable programme as defined in the Copyright Act) in which copyright and/or all rights in the nature of copyright subsist in a copyright owner not being the Author, the Author shall at the Authors own expense obtain from the aforesaid copyright owner written permission for the Author and the Publishers to reproduce the said subject matter in the Work. 11. During the term of copyright in the Work, the Publishers shall pay to the Author: (a) a royalty of ten per cent (10%) of the net receipts on all copies of the Work sold except as provided by clause 11(b) below; 2

Control of publication and price of Work

Costs of publication

Copyright

Authors name

Copyright matter

Royalty terms

BLM 3015 Oct sem., AY11/12

(b) a royalty equivalent to one-half the royalty paid under the provision of sub-paragraph (a) above on all copies sold of any translation of the Work prepared and published by the Publishers. No royalty shall be paid on any copies given away for inspection, promotion, review or other purposes nor on copies destroyed by fire, water, enemy action, in transit or otherwise. The Publishers shall be authorised to deduct, from the royalties payable, withholding tax and such other levies as may be imposed on the royalties.
Subsidiary rights

12. During the continuance of this Agreement, the Publishers shall be required to negotiate the sale or lease or other disposal of the translation rights of the Work into any language other than the English language and the net receipts from any such sale or lease or disposal of the translation rights aforesaid shall be given entirely to the Author. 13. The Author shall be entitled to six (6) free copies of the Work and shall be entitled to purchase further copies at the trade discount for personal use. 14. The Publishers shall be required to provide statements of sales of the Work every six (6) months as at every 30 June and 31 December and to render them together with a cheque for the amount due to the Author up to those dates provided always that if the Publishers do not provide the statement and cheque within 7 days from the specified dates, they shall be liable to pay the Author a late interest fee of two per cent (2%) of the amount due on the cheque for that particular period. 15. During the continuance of this Agreement, the Author shall be allowed to prepare or edit for any other publisher, a competitive work or any work that is an expansion, abridgement or revision of the Work or of any part of it. The Author shall also be allowed to publish any work on the same subject even if the sale of that particular publication may be regarded as likely to conflict with the sale of the Work. 16. If at any time after two years from the publication of the first edition of the Work, the Work (or any translation thereof) shall in the opinion of the Publishers cease to have a sufficiently remunerative sale, the Publishers shall be at liberty either to dispose of any copies of the Work (or translation thereof) remaining on hand as a remainder or to waste them and in the event of the price realised in respect of such copies remaining on hand being less than one-third of the published price of such copies, no royalties shall be payable to the Author thereon provided that the Author shall have the option of purchasing such copies of the Work (or any translation thereof) at a rate to be agreed upon, which rate shall not be higher than the price the Publishers would receive if they remaindered such copies of the Work or any translation thereof. 17. This Agreement shall be construed and in all respects take effect in accordance with Singapore law. 18. All questions, disputes or differences whatsoever which may arise between the parties hereto touching this Agreement or the subject matter thereof and whether as to construction or otherwise shall be referred to a single arbitrator in case the parties can agree upon one, otherwise to two 3

Authors copies

Accounting

Competitive works

Remainder

Governing law Arbitration

BLM 3015 Oct sem., AY11/12

arbitrators, one to be appointed by each party to the dispute, or to their Umpire in accordance with and subject to the provisions of the law relating to arbitration in Singapore for the time being in force.
Interpretation

19. For the avoidance of doubt it is hereby agreed and declared that in this Agreement, the expressions Author shall where the context admits include his personal representatives or other person or persons in whom the rights affected by this Agreement shall for the time being be vested and the expression Publishers shall where the context admits include the person or persons in whom the rights hereby given to the Publisher shall for the time being be vested and the rights and obligations under this Agreement belonging to and binding upon the Author and the Publishers respectively shall belong to and be binding upon the personal representatives and assigns of the Author and of the Publishers respectively.

AS WITNESS the hands of the parties hereto the day and year first above written.

________________________________ PUBLISHERS PNS Media Pte Ltd

_____________________________ WITNESS

________________________________ AUTHOR Theodore Low Chee Kiang

_____________________________ WITNESS