Letter of Agreement

University of Manitoba Press

LETTER OF AGREEMENT

This is our agreement to publish your work, at present called . We are pleased to have it on the publishing list of the University of Manitoba Press.

This agreement specifies our responsibilities as publisher of the work and yours as its author, editor, compiler or translator. In this respect we recognize a dual responsibility: to you, as the creator of the work, and to the public to whom it is addressed. We shall do our best to publish it to your satisfaction and ours, and to make it available to as many readers as possible.

We look forward to a continuing relationship with you. We do not ask for a contractual option on your future works, but we would like to know of your plans and we hope you will want to offer further manuscripts to us.

1 Grant of rights

You grant and assign to the Press, during the term of copyright, the full and exclusive right to publish, print, distribute and sell this work, or to cause it to be published, printed, distributed or sold, throughout the world, in all languages and in all forms, editions and formats. These rights extend to all media or formats now or hereafter known, including, without limitation, print, microform, electronic, digital, optical, magnetic, email or internet transmission, website posting or any type of public display. Further, such rights extend to all versions and editions of the work, including original, condensed, translated, adapted, updated, revised or abridged versions.

You also grant permission for us to reproduce excerpts and selections from the work, in any media or format, not exceeding 1000 words, without charge or royalty, for the purposes of promoting sales of the work.

You further grant us such other rights as may appear in this agreement, including the right to use your name and likeness or photograph for the purposes of promotion and advertising.

2 Agreement to publish

We agree to publish the work at our own expense, except as may be specifically provided elsewhere in this agreement. We undertake to do so as soon as practical after receipt of the final and complete manuscript and its formal approval (if this has not yet been given) by our Editorial Board (a committee of faculty members appointed by the University of Manitoba) or its delegates.

We shall publish your work in the form we think most suitable and shall promote and sell it to the best of our ability in such manner (including price, title, date of publication, discounts, type of advertising, and number and distribution of free copies) as we think best meets the requirements of the market and potential readers. In so doing we undertake to consult with you.

3 Warranties, undertakings and indemnities

You warrant that you are the sole owner of all the rights granted by you in the work, and have the full power to make this agreement and have not previously assigned, licensed or otherwise granted these rights.

You undertake that the work:

A / is original to you, except for any copyrighted material of others incorporated in the work, and has not previously been published in any form;

B / does not infringe the copyright or other proprietary right of any other person;

C / contains no libelous, defamatory or other unlawful matter;

D / makes no improper invasion of the privacy or other personal rights of anyone.

You also undertake that:

E / all statements in the work purporting to be facts are true and any formula, instruction or recipe therein is correct and will not be injurious to the reader;

F / you will advise us of any statements in the work that might be construed as libelous, defamatory or otherwise unlawful;

G / you will advise us of any material, either text or illustration, the rights for which are controlled by others. Where necessary you will obtain, prior to publication and at your expense, permission in writing from the owner of copyright in that material for its publication in the work by us in the contemplated edition and in all subsequent editions. Alternatively, you will reimburse us promptly for any fees paid by us for use of such copyright material.

In the unlikely event of any claim, action or proceeding based upon an alleged violation of any of these warranties, we shall have the right to defend the same through counsel of our own choosing. We shall notify you promptly and consult with you on the course of action, although all final determinations respecting the course of action (including settlement) are ours. You agree to pay all costs and damages (including solicitor and client costs) that, as a result of any such claim, action or proceeding, may be sustained by us or by any seller of the work or licensee of a subsidiary right in the work. We may, pending a settlement, withhold payments of reasonable amounts due to you under this or any other agreement between us. Your indemnity will not apply to any matter not contained in your original manuscript, or to any revisions to it which you have not personally written or approved.

These warranties and indemnities shall survive the termination of this agreement.

4 Copyright

We agree to take all necessary steps to ensure copyright protection for the work, and to print a copyright notice in each copy of the work which we publish as required to obtain protection under the Universal Copyright Convention. We may also provide copyright protection for forms of publication other than print, including computer-readable forms. If we sell rights of licences as provided under this agreement, we shall require the purchaser to make this same undertaking in writing, so that your rights will be fully protected.

If any right covered by this agreement is infringed, the first of us to learn of the infringement will inform the other. You will have the right to join us in bringing suit, and will then share equally in the expenses of the action and in any sums recovered from it. We shall not be required to bring suit, however, nor shall you. If either of us declines to participate in a suit the other may proceed, bearing all expenses and retaining all sums recovered.

5 The manuscript

You agree to provide us with one copy of the finished manuscript, satisfactory in form and content to us and to our Editorial Board. It is possible that we or the Editorial Board may require substantive revision of the manuscript (for example, to meet recognized scholarly criteria, or to avoid including material that infringes rights or may be libelous or otherwise unlawful). Should you be unwilling or fail to make any such revisions, we shall have the right to terminate this agreement by notice in writing.

FORM: The finished manuscript will be typed, double spaced throughout (including extracts, tables, notes, bibliography and other matter), on standard-sized paper of good quality, with ample margins, and easily legible. Notes will be typed at the end of the manuscript separately. We are not liable for the loss or damage to any draft or to the finished manuscript, and therefore we recommend that you retain a duplicate copy of such materials.

ILLUSTRATIONS: Photographs, maps, charts, drawings and other illustrative material should be in a form suitable for reproduction, prepared according to specifications on which we have agreed.

If you cannot or are unable to provide the maps we have agreed to include in your book, we will commission these maps to be prepared and charge the costs incurred against your future royalties.

REVISION: If in our opinion the finished manuscript needs to be revised or retyped, or illustrations redrawn or otherwise adapted, you will have the option of revising the material or commissioning us to have it revised. If the second course is followed, unless agreement is reached to the contrary any costs incurred in the revision will be charged against your future royalties.

DESCRIPTION: The manuscript as submitted to us will consist of approximately . In any revision which may be undertaken before the work goes into production, you agree not to add to the length of the manuscript or the number of illustrations without our agreement.

6 Delivery

You agree to deliver the manuscript, by . You also agree to provide then written evidence of any permission required to include text or illustrations, the copyrights of which are controlled by others.

7 Optional forms of manuscript preparation

You agree to provide, within two months of receipt from us of the final copy-edited manuscript, the final text of the work in machine-readable form, compatible with our systems and prepared to specifications determined in agreement with our technical staff. It is understood that this final form will incorporate any editorial revisions that we may suggest and that you have approved, together with any changes in the work required for conformity to our preferred style in spelling, capitalization, punctuation and similar matters. You undertake further that you will not make any changes in the text of this final form which we have not previously approved. You will also provide a double-spaced printout of this final form so that we may indicate on it typographic instructions to the typesetter.

We recommend that you retain a backup copy, on disc or tape, of the final machine-readable form in case of loss or damage to the copy sent to us.

Following receipt of the work in machine-readable form, the provisions for proofreading, changes in proof and preparation of the index set out below pertain.

8 Damage and insurance

We agree to take the same care of any manuscript, illustration, or other material that you place in our hands as we would of our own property. You must retain a duplicate copy of the manuscript for your own protection. We shall recognize responsibility only for the cost of retyping a manuscript or replacing photographic prints.

Unless you specifically request their return, we may, after publication of the work, dispose of the original manuscript and proofs.

9 Editing

We reserve the right to make such editorial revisions as in our opinion may be necessary to make the work suitable for publication. These may include revisions for the sake of consistency of style, correction of grammar or spelling, or greater readability.

STYLE: Unless we agree to a specific request from you as to spelling, capitalization, punctuation and typographic style, and unless your manuscript consistently follows that preference in style, we are authorized to make the manuscript conform to the style in these matters that we feel is most appropriate. (We normally follow the principles of The Chicago Manual of Style and the preferred spelling of The Gage Canadian Dictionary.)

CONTENT: We undertake that no changes affecting content will be made without your express approval, provided that you will not unreasonably withhold approval of changes made to avoid the possibility of infringing copyrights or violating laws relating to libel, obscenity, invasion of privacy or other applicable law. You will be shown the copy-edited manuscript before typesetting begins, and undertake to make any changes then rather than later. If you do not return the copy-edited manuscript within an agreed or reasonable time, we shall have the right to cancel this agreement by notice in writing and charge you for costs incurred to that point. Should you wish to undertake what we consider substantial revision of the manuscript at this point, you will be responsible for retyping and proofreading the revised manuscript and for any costs incurred in re-editing a substantially revised manuscript. It is understood that in returning the copy-edited manuscript you approve it for setting except for any suggested changes in content which you may specifically reject.

10 Proofs

We agree to submit galley or page proofs to you, and shall do our best to provide them according to a schedule determined in advance and agreeable to you. You will be responsible for full and careful proofreading. You agree to return the proofs as scheduled, with typographical errors clearly marked. We undertake to send the proofs to you by the speediest and safest manner that is economically practical, and will pay for their return by the same means. If you do not return corrected proofs within thirty days after we have sent them to you, or within an alternative agreed schedule, we shall be free to proceed with the manufacture and publication of the work without waiting for you to return them, making only such corrections as we consider necessary. If because of delay on your part we decide that the proofs must be read and corrected by someone else, the expense incurred will be charged directly to you or to your royalties.

11 Alterations in proof

No changes or additions will be made in proof except to correct errors made by the typesetter or by mutual agreement of both parties. We recognize that it may sometimes be necessary to make further changes at this point, and will pay the first $100 of costs of any such changes requested by you and agreed to by us. If you request, and we agree to, further changes that vary from the edited manuscript (which you will have approved before typesetting begins) the cost of making them will be borne by you, and may be charged directly to you or to your royalties.

12 Index