LAP LAMBERT Academic Publishing

LAP LAMBERT Academic Publishing GmbH & Co.
KG
Heinrich-Bcking-Str. 6-8, 66121, Saarbrcken, Germany Telefon: +49 681 3720-310 - Telefax: +49 681 3720-3109 e-Mail: info@lap-publishing.com - www.lap-publishing.com
General Terms and Conditions for the Publication of Texts in Book Form (Print Book and E-Book)
LAP LAMBERT Academic Publishing

With the transfer of their work, the Author authorizes LAP LAMBERT Academic Publishing GmbH & Co. KG, Heinrich-Bcking-Str. 6-8, 66121, Saarbrcken, Germany to publish and market this work under the following terms. The publication and the marketing are free of charge for the Author. With the transfer of their work to the Publisher, the Author accepts the following terms.
Art. 1 Subject Matter

1. The subject matter of the agreement between Author and Publisher is the work of the Author under the title entered via the web application LAP Online by the Author. 2. The final title shall be determined by the Publisher in coordination with the Author.
Art. 2 Authors Grant

1. The Author grants the Publisher, regardless of location, for the duration of the legal copyright, the exclusive license of duplication and dissemination (right of publishing) for the work including all the additionally supplied bibliographic texts and/or pictures (e.g. blurb, vita, authors photo) of the author for all print and electronic editions (e-books) as well as for all editions without limitation on the number of items for those in the German and in the English language as well as for the language in which the work is written. The author remains furthermore the owner of the copyright of their work. 2. For academic works (diploma thesis, master thesis, degree thesis, doctoral thesis postdoctoral thesis, etc.) the non-exclusive assignment of the license of duplication and dissemination as download file or e- book by the Author to the thesis sharing network(s) and to the full text server(s) specified by the Author in the web application LAP Online is permitted. The non-exclusive assignment of the license of duplication and dissemination to the university, where the work of the Author was handed in as part of an examination, is permitted. 3. In addition, the Author is entitled to publish parts of their work in other form, e.g. as a technical paper in a journal, online publication, etc. 4. The Author grants the Publisher, for the duration of the main license, the following exclusive ancillary rights as a whole or separately:
Register court/number: Handelsregister Amtsgericht Saarbrcken HRA 10752 Identification Number (Verkehrsnummer): 12917 Partner with unlimited liability/Persnlich haftende Gesellschafterin: VDM Management GmbH Register court/number: Handelsregister Amtsgericht Saarbrcken HRB 18918 - Managing directors/Geschftsfhrer: Thorsten Ohm (CEO), Dr. Wolfgang Mller, Esther von Krosigk Page 1 of 6
LAP LAMBERT Academic Publishing GmbH & Co. KG

a. the right to electronically store data of the Authors work as well as the personal details of the Author; the right of duplication and dissemination of editions of the work, as a whole or in part, which are produced by means of digital storage and playback devices, regardless of the technical equipment and including any digital or interactive systems (e.g. CD-ROM, CD-I, e-book and other forms of electronic publishing); b. the right to feed and to save the work, as a whole or in part, in electronic databases and electronic data networks etc. and in that way, particularly within the framework of so-called on-demand services, make it available to a large number of users by means of digital or other storage and transmission technology. This also includes the right to provide access for interactive utilization of the work (if applicable in conjunction with other works), as a whole or in part, by the user within the framework of the rights of use mentioned in this Agreement; c. the license of any other kind of duplication and dissemination of the work, as a whole or in part, including, in particular, by means of digital, photomechanical or similar procedures (e.g. (digital) photocopying); d. the right to make use of the work, for valuable consideration or nonpaid, within the scope of the granted rights, by means of complete or partial printout, transmission, e-mail, download or other playback, including on the Internet, for advertising purposes for the Publisher or for third parties, including for their products; e. the right to archive the work alone or within the framework of other works and ways of utilization in tangible or intangible form, to include it in anthologies and/or databases and to grant third parties access to the work in whatever form (e.g. online services) the right to adapt the work and have the work adapted. Content-related adaptations, however, have to be coordinated with the Author in advance. 5. Since the Publisher works together with external service providers, organizations, businesses, persons, etc. (e.g. printing companies, book distributors, marketing agencies, libraries, media bodies, journalists, content providers, database operators, book intermediaries/booksellers, etc.), the Publisher is entitled to transfer the licenses granted in this Agreement, as a whole or in part, to third parties without the Authors consent. Example: In practice, in the course of the book marketing process, it may be necessary to transfer ancillary rights to third parties several times per day and it is not possible to ask the Authors permission every time. The display of a book cover of a work at an online bookshop such as amazon.com, for example, or the storage of the author name at a print shop or the showcasing of a copy of the work of the author in a bookshop would be illegal with a view to copyright law without the regulations of Art. 2, par. 5. 6. If the Publisher does not make use of individual licenses, the Author is entitled to revoke some or all of the licenses in accordance with the provisions of Article 41 of the German Copyright Act (Urheberrechtsgesetz; UrhG) after the expiration of five years.
Art. 3 Obligations and Rights of the Publisher

1. The work will be published as Print-To-Order print version in paperback edition (cover: colour; block: b/w). The circulation is dependent on the actual demand for the title.

2. The Publisher must duplicate and disseminate the work as provided in and pursuant to the provisions of par. 1. The Publisher shall not be obliged to exploit any other rights granted in this Agreement. In the exercise of his duties he draws on external cooperation partners. If the annual number of copies sold and paid for in the booktrade should fall short of 50 for the first time, the Publisher is entitled to cease further production of the title. In such a case, the Author shall regain the license of duplication and dissemination (right of publishing). 3. The Publisher is entitled to determine the layout, date of publication, retail price and marketing strategies. 4. The Publisher shall endeavour to achieve an optimal promotion of the Authors work. Due to the specialized demand and the subject matter of the work the buying interest may be low and only a small number of copies or even no copies at all may be sold.
Art. 4 Royalty Commission

1. For each printed copy sold and paid for, the Publisher agrees to pay the Author a royalty commission based on the Publishers revenue minus the contained value-added tax (corresponds to the publishing house determined or recommended EURO net sale price minus a 50% calculative book trade discount) of 12 %. For each e-book sold and paid for, the Publisher agrees to pay the Author a royalty commission based on the Publishers revenue minus the contained value-added tax (corresponds to the publishing house determined or recommended EURO net sale price minus a 50% calculative book trade discount) of 12 %. 2. If the Publisher should realise revenue from ancillary rights, this will be shared between the Author and the Publisher at a rate of 50:50. 3. If the Author is subject to value-added tax, the Publisher shall also pay any statutory value-added tax accruing from the royalty amounts. 4. Deposit copies, advance copies, promotional copies and review copies as well as any copies ordered by the Author from the Publisher will be royalty-free. 5. The royalty credit note is to be prepared annually on the 30.6. for the preceding year. For this purpose the author receives access authorization to LAP online and can download their respective royalty commission credit note/book voucher within a period of eight weeks from the 30.6. Credit notes/book vouchers not downloaded within this period become void at the expiration of the term. 6. In order to cover the administration expense and the data management, both parties agree that the work of the Author will only become subject to a royalty fee if the average monthly fee for the settlement period exceeds 10 euros. If the average monthly royalty fee for the settlement period was between 10.01 euros and 50 euros, instead of a royalty fee, the Author receives a book voucher for the LAP portfolio which they can convert on the basis of the selling price of the desired titles. If the average monthly royalty fee for the settlement period exceeded 50 euros, the royalty fee will be transferred to the Authors bank account. 7. The Author shall specify any change of postal address, banking details or e-mail address immediately via the web application LAP Online. Authors outside of Germany are obligated to provide the Publisher with their complete and correct BIC/SWIFT account to LAP Online. If at the time of invoicing incorrect or incomplete bank data of the author has been provided to LAP Online, the publishing house is not obligated to pay the authors fee for the invoice period concerned. 8. The Publisher expressly guarantees that no costs will be charged to the Authors account in relation with this contract, unless the Author would like to purchase further copies of their work from the Publisher (see Art. 7, par. 2).

Art. 5 Submitting the Work and Creating the Cover

1. The Author supplies any data necessary for the publication process via the web application LAP Online. 2. The Author uploads the complete and ready-to-reproduce work in accordance with Art 1.1 as ready-to- print PDF file together with a jacket text, a title suggestion, their resume and some keywords for the book catalogues to the Publishers server using the web application LAP Online. 3. The Author selects a cover image in landscape format for the cover of their work at LAP Online. The Author then receives a cover preview in the form of a downloadable PDF file. The Author must not forward this cover preview (or any other cover previews) to any third party and must use this cover preview solely for the purposes of personal review. 4. The Publisher shall verify the title suggestion made by the Author with a view to its legal admissibility and shall verify image/colour propositions in terms of their technical and commercial suitability and, if there are no objections, approve of them. The final decision regarding cover, cover image, jacket text, title, summary and keywords is made by the Publisher.
Art. 6 Correction of the Work and the Texts of the Author

The Publisher may make suggestions for correction of faulty phrasing and for deletion, modification or amendment of content-related wording to the Author. If no agreement can be reached with the Author over the corrections suggested by the Publisher, the Agreement will be terminated.
Art. 7 Free Copy, Direct Sales by the Author

1. The Author will receive one (1) free copy of the print version of their work for personal requirements. In case of a failed postal delivery of the book, the publishing house may provide the author with a secured e-book version of his own title. 2. The Author can purchase copies of their work from the Publisher at the following discounts (only applies to an order): 1-5 copies=20 %; 6-10 copies=25 %; 11-15 copies=30 % ;16-24 copies=35% ; as of 25 copies=40 % discount of the net selling price + shipping costs + VAT. The author must adhere to the binding end sales price in the case of direct sales by the Author.
Art. 8 Copyrights and Other Rights of Third Parties

1. Please check if you have the right to publish internal company information, interviews, test results, case surveys or the like for the first time which have so far not been appropriately published. If so, you must obtain respective permissions to do so. The same applies to any interviews you may have conducted and processed in connection with your work. Please also verify that any statements you have made about organizations and companies and/or their products are provable. 2. Correct citation of any (also altered) passages which are adopted literally or adapted from other works is important. As a rule, short quoting from other works is permitted if your work requires to do so, e.g. in order to allocate a statement, and if the correct source is cited. Adoptions of large text passages, figures, tables, etc. from other works are prohibited for copyright reasons. This also applies to any text appendices. If there is any doubt, the respective parts of the manuscript must be removed.
Art. 9 Liability

1. The Author ensures that they have the sole authority to grant the rights of use protected by copyright for their work and that they have not granted any rights yet which are in conflict with the grant of rights under this Agreement. This also applies to the master texts/illustrations and the fonts used in the document submitted by the Author of which they own the rights of use. If they submit master texts/ illustrations/ fonts for which this is not the case or if this is unclear, the Author shall inform the Publisher of this fact as well as of any other legally relevant facts known to the Author or otherwise discernible. The Author does not hold the Publisher responsible for any and all claims of third parties including any legal defence and/or prosecution costs completely. 2. In the case of an academic work (thesis, dissertation, etc.), the Author additionally ensures that they own the exploitation rights for the work and that these rights have not been transferred to any other individual person or legal person. The transfer of the non-exclusive assignment of the license of duplication and dissemination as online publication, download file or e-book to the thesis sharing network(s) and to the full text server(s) specified by the Author in the web application LAP Online is expressly excepted from this provision. Also excluded is the transfer of the non-exclusive assignment of the license of duplication and dissemination to the university, where the work of the Author was handed in as part of an examination. The Author furthermore ensures that neither the examination regulations nor any other regulations are in conflict with a publication of their work. If their work is related to any organizations (companies, associations, institutions, etc.), the Author will have obtained permission for publication and commercial exploitation. In the case of an unauthorized publication, the Author shall be solely liable. 3. If it is the case that a person, such as a supervising tutor, the professorship or the university at which the work was compiled or submitted as part of an examination is named, or is to be named in the work of the author, or in the accompanying texts of the book (imprint, blurb or the like) the author has first to obtain the appropriate permission from the mentioned persons and/or institutions. 4. In respect of existing copyrights, the Publisher will rely on the information provided by the Author. If any rights, in particular copyrights, of third parties are violated by the publication due to failure to provide information, the Author shall be held solely liable. The Publisher cannot be held responsible for any published contents and shall not be liable for any consequences which may arise from the publication of illegal contents.
Art. 10 Privacy Policy and Final Clause

1. The Publisher understands that the data protection laws must be adhered to. This is to inform you about the steps we take to protect your rights. By using our website LAP Online, you agree to your personal information being collected and stored in our databases. We take reasonable precautions to protect the safety, integrity and privacy of your personal details. We do not exchange any personal details with other companies for marketing or related purposes. 2. The Publisher reserves the right to make amendments to these Terms and Conditions at any given time. This applies especially in cases where changes are necessary due to legal requirements. Any changes made to these Terms and Conditions are communicated to the Author in electronic form via e-mail. They are deemed accepted if the Author does not object in writing or via e-mail. The Publisher will point out this consequence in particular upon notification of the changes. The Author has to send their objection within the course of one month after notification of the changes to the Publisher.

3. In as far as this Agreement bears no other regulations, this Agreement is governed by the regulations of German and European (EC) law. The voidness or ineffectualness of any provision of this Agreement shall not affect the validity of the other provisions of this Agreement. In such a case, the parties shall replace the defective clause by such a clause whose economical and legal meaning corresponds as much as possible with those of the defective provision. 4. Both parties have agreed that the place of performance and to the extent permitted by law place of jurisdiction for any disputes, which may arise under this Agreement is the current location of the headquarters of the Publisher.

LAP LAMBERT Academic Publishing

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

LAP LAMBERT Academic Publishing

Uploaded by

Copyright:

Available Formats

LAP LAMBERT Academic Publishing GmbH & Co.

LAP LAMBERT Academic Publishing

Art. 1 Subject Matter

Art. 2 Authors Grant

LAP LAMBERT Academic Publishing GmbH & Co. KG

Art. 3 Obligations and Rights of the Publisher

LAP LAMBERT Academic Publishing GmbH & Co. KG

Art. 4 Royalty Commission

LAP LAMBERT Academic Publishing GmbH & Co. KG

Art. 5 Submitting the Work and Creating the Cover

Art. 6 Correction of the Work and the Texts of the Author

Art. 7 Free Copy, Direct Sales by the Author

Art. 8 Copyrights and Other Rights of Third Parties

LAP LAMBERT Academic Publishing GmbH & Co. KG

Art. 10 Privacy Policy and Final Clause

LAP LAMBERT Academic Publishing GmbH & Co. KG

You might also like