[사례 1]

AGREEMENT made this 일th day of 월, 연도

BETWEEN
한국 출판사의 이름과 주소
(hereinafter called "the Proprietor")

AND
해외 출판사의 이름과 주소
(hereinafter called "the Publisher")

Whereby it is mutually agreed as follows regarding the work entitled:

책 제목
written by 저자명 (국문을 병기할 수 있음)
illustrated by 그림 작가명
photos by 사진 작가명
(hereinafter called “the Work”)

[사례 2]

MEMORANDUM OF AGREEMENT made this 일th 월, 연도
         BETWEEN  
         한국 출판사의 이름과 주소
         (hereinafter called "the Proprietor")

         AND
         해외 출판사의 이름과 주소
         (hereinafter called "the Publisher")

WHEREBY It is mutually agreed as follows regarding the work entitled;

         책 제목
         Written by 저자명
         illustrated-by 그림 작가명
         (hereinafter called the WORK)

[사례 1]

1> RIGHTS GRANTED

The Proprietor grants to the Publisher the exclusive. license to publish and sell the Work in volume form as the trade edition, in the 언어 language throughout the World, for a period of 기간(숫자와 영문을 병기) years from the date of publication.

[사례 2]

1) The Proprietor hereby warrants that he controls the rights covered by this Agreement and grants to the Publisher the license to print and publish the Work, in volume form in a trade edition in the 언어 language in 국가, subject to the terms and conditions following.

         a) The Publisher shall publish the Work in hardcover volume form,
         b) Whenever the Publisher wishes to publish the Work In any other forms than the hardcover,
             an addendum in a separate form shall be exchanged with new advance and royalties. (책의 형태)

All other rights which are not expressly licensed in this Agreement are hereby reserved to the Proprietor.

2) The license herein granted is assigned to the Publisher solely and shall not be transferred or assigned without the written consent of the Proprietor. (출판사의 배타적 권리)

12) The license granted to the Publisher shall expire (   ) years from the date of this Agreement when the license shall revert to the Proprietor in full and unrestrictedly without prejudice to any monies still due to the Proprietor. (출판권의 존속기간)  

[사례 1]

2> ADVANCE & ROYALTIES

The Publisher shall pay to the PROPRIETOR as a non-refundable advance the sum of 선인세금액(금액을 비롯한 모든 숫자는 영문과 병기하는 것이 명확함) which shall be payable within (  ) month(선인세 지불 기한 1, 2개월이 일반적) upon signing of this agreement against royalties on the retail price of (  ) %.  

Both the advance and royalties are subject to          . (세금 등 상황에 따라 가변적)

3> SUBSIDIARY RIGHTS

The Publisher shall have the exclusive rights to license the Work thereof in the 언어 language throughout the World, paying to the Proprietor (    ) percent (  %) of the gross receipts for one specific book club rights;
Only when the Work shall be selected for 상 이름. (경우에 따라 특정 조건을 부가할 수 있음)

All rights now existing or which hereafter come into existence and which are not specifically mentioned in this agreement are hereby reserved to and by the Proprietor.

4> ILLUSTRATIONS

For the CD-Rom for illustrations the Publisher pays a fee of 금액 upon receiving the material. This price includes shipping. (CD 가격 명시)

13> ACCOUNTING

Account of sales of the Work shall be made by the Publisher annually up to 판매보고 일자 in each year and shall be delivered to the Proprietor, together with payment of any sum due, within        months thereafter. The Publisher further agrees to permit the Proprietor to inspect his books of account. (판매보고 일자는 6월 30일이나 12월 31일이 일반적임)

[사례 2]

3) The Publisher shall pay to the Proprietor the non-returnable sum of 선인세 금액 payable on signature of this Agreement. This sum is to be in advance and on account of trade royalty of (  ) % on the first (    ) copies sold, (  ) % on thereafter. (선인세와 함께 출간 부수에 따라 로열티가 달라지는 경우도 명시)

This royalty is to be calculated on the retail price of the French edition. This agreement is not valid until receipt of the advance payment by the Proprietor. It shall automatically terminate if the advance has not been paid within (   ) days(선인세 지불기한) of the Proprietor's receipt of the fully-executed Agreement. The Proprietor shall have the right to terminate this Agreement by giving written notice to the Publisher, without prejudice to any of the rights of the Proprietor including, without limitation, the right to receive any monies due pursuant to Clause 3. of this Agreement.

4) The Publisher shall render a detailed statement of sales of the Work made Up to (판매 보고 일자) in each year and delivered in duplicate within 100(one hundred) days thereafter, together with all payments then due. The Publisher further agrees to permit the Proprietor to inspect his books of account

5) The Publisher shall have the exclusive handling of the following subsidiary rights in the Work in the 출판언어 language in the Territory:

         a) anthology and quotation rights (i.e. the right to reproduce extracts from the work)
         b) first and second serial rights (i.e. the right to publish extracts from the work in periodical or newspaper
             before or after publication of the work in volume form) "
         c) Book club rights 경우에 따라 특정 조건을 부가할 수 있음)

The net proceeds obtained from the utilization of the Work (following deduction of the costs incurred by Publisher, e.g. agency commission) shall be shared between Proprietor and Publisher, with Proprietor receiving (   ) percent from the utilization of the subsidiary rights. "

13. Rights to the illustrations contained in the original edition of the Work are covered in this license. A CD containing the data of the illustrations will be provided by the Proprietor to the Publisher for 금액 for this title. (그림에 대한 비용)

[사례 1]

5> PUBLICATION

          a) The Proprietor agrees to furnish free of charge to the Publisher 숫자 copies of each original edition for translation
               and production purposes. (견본 도서 공급에 관한 조항)
          b) The Publisher agrees to publish the first translated volume of the 언어 edition within 숫자 months
           from the date of this agreement.(계약 체결 후 발행일자에 대한 조항)

6> PRODUCTION

The Publisher shall not alter or abridge or add to or delete from the Work including  illustrations in any way without the Proprietor's consent in writing. The Publisher shall if required supply at the Proprietor's request galley proofs of the translation for checking by a reader of the Proprietor's choice. (출판사 자의로 도서의 내용 및 그림을 바꿀 수 없음을 명시)

12> COMPLIMENTARY COPIES

On the publication date of the Works, the Publisher shall furnish the Proprietor with (    ) complimentary copies of the translation and (    ) copies copies of every subsequent print run. (번역 출간된 도서 제공 부수에 관한 조항)

[사례 2]

6) The Publisher will

          a) Publish his edition of the Work as specified in this Agreement in the 언어 language within (   ) months of the date of this Agreement.
             (계약 체결 후 초판 발행일자에 대한 조항)
          b) Promptly notify the Proprietor as to the date of such publication.
          c) Send (   ) free copies of each of the Publisher's edition of the Work to the Proprietor and notify the printing figure
              and the retail price. 항(번역 출간된 도서 확인과 발송에 관한 조항)

7) The translation of the Work shall be made faithfully and accurately and abbreviations, additions alterations shall be made only with the written consent of the Proprietor. (원본의 내용을 유지하되, 내용의 가감이 필요한 경우 저작권자의 동의를 별도로 구해야 함을 명시)  

[사례 1]

8> COPYRIGHT & CREDIT  

The Publisher agrees to print the titles and the following copyright notices on the title page or reverse thereof of every copy of the Work exactly as it appears in the original language editions :

책 제목
Text and illustrations copyright © 원본 출간연도 by 저자명 All rights reserved.
번역언어 translation copyright © 200_ (가변적이므로 비워둔다) by 해외 출판사 by arrangement with 국내 출판사

The Publisher undertakes that the names of the author shall appear in due prominence on the title page and on the binding of every copy produced and on all advertisement issued.

9> TRANSFERAL

The rights herein granted shall not be transferred by the Publisher without the written consent of the Proprietor. (번역 출판물의 권리가 이전될 경우는 저작권자와 협의해야 함)

[사례 2]

8) The title of the Work and the name of the author will appear in its customary form in due prominence on the jacket, title page and binding of every copy produced and in all advertisements of the Work.

The publisher further agrees to print the following, in each copy issued in all editions of the Work, together with the copyright line.

          책 제목
          Text Copyright _ 원본 출간연도  저자명
          Illustrations Copyright _ 원본 출간연도  그림 작가명
          Originally Published in Korea by 국내 출판사명
          This 번역언어 edition arranged with 국내 출판사명 (에이전시가 있는 경우 “through 에이전시명 Korea”의 식으로 밝힘 )

[사례 1]

7> PAYMENT  

All payments and accountings due under the terms of this agreement shall made to the Proprietor in Euro (the rate shall be the bank exchange rate of the date of transferal of funds). The payment shall be transferred to the following bank account or a subsequently designated account that the Proprietor notifies the Publisher of in writing.

Account Name:
Account Number:
Bank Name:

[사례 1]

10> TERMINATION  

If the translation of the said Work (whether in the original edition, new edition or any reprint thereof) goes out of print and off the market and the Publisher fails to publish a new edition or a reprinting within (   ) months thereafter (giving prior notice in writing to the Proprietor of the publication of such new edition or reprinting), or should the Publisher be declared bankrupt, or become insolvent, or violate any of the terms of this agreement and not rectify such violation within one month of having received written notice from the Proprietor to do so, then all rights herein granted to the Publisher shall revert to the Proprietor and this agreement shall terminate, without prejudice, however, to any claims which the Proprietor may- have against the Publisher.

11> ABSOLUTION

The Publisher herein absolves the Proprietor of any responsibility for any legal or state action arising from the publication of the Work in the 언어 language, if such publication has materially changed the meaning or otherwise altered the original text..

14> CANCELLATION

This agreement shall not be effective, and the Proprietor shall have the right to cancel this agreement, unless a copy hereof, signed by both parties, together with payment of the advance stipulated in Clause Two (2) hereof is received by the Proprietor within (   ) days from the date first above written.

Should this contract be canceled, the advance due upon signature and whatever resulting damages incurred to the Proprietor by this cancellation will be payable by the Publisher to the Proprietor.

[사례 2]

9) If the Publisher fails to issue their edition of the Work within the permitted period provided for in Clause 6 or If the Publisher's edition of the Work goes out of print or off the market the Proprietor shall be at liberty after one month's notice to the Publisher to cancel this Agreement without prejudice to royalties and/or other monies due to the Proprietor from the Publisher and without obligation on the part of the Proprietor to repay any advance paid by the Publisher under Clause 3 of this Agreement. The Publisher is required to notify the Proprietor in the event that the Publisher's edition of the Work goes out of print. .

10) If the Publisher fails to -fulfill or comply with any of the provisions of this Agreement within one month after written notification from the Proprietor, or if they go into liquidation other than voluntary reorganization in bankruptcy, only in either of these events this Agreement shall automatically terminate without prejudice to any claim which the Proprietor may have either for monies due and/or damages and/or otherwise and without obligation on the part of the Proprietor to repay any advances paid by the Publisher under Clause 3 of the Agreement.

11) The Publisher shall be responsible for clearing copyright in and paying permission fees for quoted and illustrative material included in their edition of the Work.

[사례 1]

By _____서명_________
해외 출판사 이름, 주소, 날짜

[사례 2]

Proprietor
(국내 출판사 이름, 날짜, 서명) 

Publisher
(해외 출판사 이름, 날짜, 서명)