SFN:Agreement with Authors

This agreement entered into between Sayahna Foundation, JWRA 34, Jagathy, Trivandrum represented by CV Radhakrishnan (hereinafter referred to as first party) and XYZ, wife/daughter/son of … (hereinafter referred to as second party).

Sayahna Foundation has offered to make various electronic versions of author's works (hereinafter referred to as Work) which are out of copyright obligations and/or are unpublished and/or out of print works etc. and the Second party has agreed to make available such works to Sayahna for digitizing and publishing.

Definitions

• Work: is any creative work of an author, such as art work, literature, music, paintings as defined in http://en.wikipedia.org/wiki/Creative_Work and links provided thereof.

• Server: One or several computer systems which is/are operated by Sayahna Foundation, or by a third party which has been licensed for this purpose by Sayahna Foundation, and containing adequate hardware and software making it possible for users of the Internet or other similar networks in the future to access and obtain copies of electronic documents which are stored in the said server(s), to read them on line, and to obtain prints of them.

• Copyright holder: The holder of the copyright of the Work on the day of signing the present agreement.

The parties of this agreement have agreed upon the following terms and conditions:

1. Subject to the terms and conditions of this Agreement the second party grants to Sayahna Foundation the nonexclusive royalty-free right to publish the Work on one or more Servers, as permitted by the Copyright holder, if the latter is not the same as the author.
2. Both the parties agree that the electronic versions shall be published under Creative Commons license. The Work shall be made available free of cost and openly and freely accessible.
3. The first party shall keep the Work available for Internet-users only from the date of signing this Agreement;
4. The second party assures the first party that Work made available to the first party for publishing are free from legal obligations which would otherwise restrict or prevent the publication of the work in whatever format.
5. The second party will be at liberty to re-publish the Work given to Sayahna in whatever form they deem fit but without revoking the rights given to Sayahna.
6. The term ebook will also include other electronic formats current as well as those to be invented in future. Rights of the work will remain with the Copyright holder.
7. The second party warrants that he/she is the creator of the Work and/or current Copyright holder of the Work and has the right to assign publication rights of the Work within the scope of this Agreement and the execution of this Agreement does not infringe on existing copyrights belonging to a third party.
8. The second party warrants that before transferring the copyright of the Work entirely or partially to a third party, he/she shall notify and furnish the third party with this Agreement and establish that the new agreement is consistent with the present one.
9. Where relevant or where the first party insists, the second party shall produce copies or originals of the publishing agreements previously entered into between publishers with respect to the work concerned.
10. The second party understands that first party may under certain circumstances be forced to remove particular Work of the author due to court or government orders, harm to communal harmony, religious sentiments, personal vendetta etc. Sayahna reserves the right to remove such Work under such extraneous conditions.
11. The second party permits the first party to Print on Demand of the Work of author and the first party agrees to divide the sales proceeds of the Print on Demand service equally between the first and second parties.
12. Both parties accept and understand that any restrictions imposed on readers of the Work concerning the use, copying and resale of the Work cannot with any certainty be enforced. Sayahna Foundation will not take action against any such unauthorized use of the Work. The Copyright holder may at his/her own discretion decide whether he/she wishes to take legal action against such infringement on his/her own cost and risk.
13. The first party agrees to digitize the Work made available by the second party.
14. This agreement shall be governed by and interpreted in accordance with Indian law and Indian courts have exclusive jurisdiction to settle any dispute which may arise out of under, or in connection with this agreement. Any dispute of differences between the Parties arising out of or in connection with this agreement shall be settled by the District Court in Trivandrum, India, as the court of first instance.