Seems pretty straightforward. The contract is provided for the specific
work "Relics and Rituals" and the only consideration is the payment for the
work IF published. If you were not published in "Relics and Rituals" you
have no consideration, hence, no contract exists and the work is still
yours.
OC, IANAL.
Faust
PS: Wow, I've apparently been WAY too nice on my writers ...
>From: "Woodman, Wayne 709 724-6101" <[EMAIL PROTECTED]>
>Reply-To: [EMAIL PROTECTED]
>To: "'[EMAIL PROTECTED]'"
><[EMAIL PROTECTED]>
>Subject: RE: [ogf-d20-l] RR
>Date: Sat, 13 Jan 2001 16:36:26 -0700
>
>Here's the full text if it helps...
>
>Wayne
>
>Writer's Employment Agreement
> This Writer's Employment Agreement (the "Agreement") is made and
>entered into as of Date of Signing ____________ between White Wolf
>Publishing, Inc. (the "Company"), with offices at 735 Park North Boulevard,
>Suite 128, Clarkston, Georgia 30021 and Writer's Name __________ (the
>"Writer"), with offices at Writer's Address (print clearly)
>
>__________________________
>__________________________
>__________________________
>__________________________
>
> NOW THEREFORE, for and in consideration of the covenants, agreements
>and representations set forth below, and for other good and valuable
>consideration, the parties hereto agree as follows:
>
> 1. Employment and Schedule of Delivery. The Company engages
>the services of the Writer to develop and write material (the "Work") for
>the sourcebook tentatively titled "Relics & Rituals". The Work shall be
>developed and written according to certain specifications provided by the
>Company, and the Writer shall write the Work in accordance with all of the
>Company's instructions and specifications. The final draft of the Work will
>be delivered to the Company by 10/31/2000.
> 2. Engagement. The Writer hereby accepts employment
>hereunder and agrees to write the material described in Section 1 above in
>accordance with all of the provisions hereof.
> 3. Compensation. Subject to the full performance of all of
>the Writer's material obligations under this Agreement, the Company shall
>pay to the Writer the following as full consideration for all of the
>services to be rendered and rights assigned by the Writer hereunder:
> Three cents per word of material used in publication. Payable in
>full within sixty (60) days of publication of the Work.
> 4. Representations, Warranties and Indemnification.
> (a) The Writer represents and warrants that:
> (i) The Writer is free to enter into this Agreement and
>is not subject to any conflicting obligations which will interfere with the
>execution and performance of this Agreement by the Writer;
> (ii) The Writer has not made and will not make any grant
>or assignment which will conflict with or impair the complete enjoyment of
>the Company's rights hereunder; and
> (iii) Except to the extent that the Work is based upon the
>material provided by the Company, material that is part of the D20 system,
>or material in the public domain, the Work to be written by the Writer
>hereunder shall be wholly original with the Writer and, to the best of the
>Writer's knowledge, the Work will not constitute a libel or slander and
>will
>not infringe upon or violate any copyright or right of privacy or publicity
>or other right of any person or entity.
> (b) The Writer agrees to indemnify and hold harmless the Company
>and the Company's officers, directors, employees, representatives,
>successors and assigns from and against any and all damages, costs and
>expenses, including reasonable attorney's fees, arising out of or in
>connection with any material breach of the representations, warranties or
>agreements of the Writer hereunder.
> 5. Work Made for Hire. All of the results and proceeds of
>the Writer's services (including, without limitation, any research
>conducted
>by the Writer) hereunder shall constitute a work specially ordered or
>commissioned by the Company for use as part of its Sword & Sorcery game
>books and, therefore, shall constitute a "work made for hire" for the
>Company as such term is understood under the copyright laws of the United
>States. Accordingly, the Company is and shall be the author of the Work
>and
>the owner of all rights (including, without limitation, all rights of
>copyright) in and to the Work during and from its creation. The Writer
>will
>execute, acknowledge and deliver to the Company or its designee any such
>additional documents as the Company may reasonably deem necessary or
>desirable to evidence and effectuate the Company's rights hereunder; and if
>the Writer does not do so after the Company's request and a reasonable
>opportunity to comply, then the Writer shall and does hereby appoint the
>Company as his attorney-in-fact with the right, but not the obligation, to
>execute, acknowledge and deliver the documents involved in the Writer's
>name
>and on his behalf (and the Writer hereby acknowledges that the Company's
>such power of attorney is coupled with an interest and therefore
>irrevocable).
> 6. Sample Copies. The Writer will receive one (1) copy of the
>published Work at no cost.
> 7. Governing Law. This Agreement, including all matters
>relating to the validity, construction, performance, and enforcement
>thereof, shall be governed by the laws of the State of Georgia.
> 8. Severability. The provisions of this Agreement are
>severable, and if any provision shall be held illegal, invalid or
>unenforceable, such holding shall not affect the legality, validity or
>enforceability of any other provision herein. Any such illegal, invalid or
>unenforceable provision shall be deemed stricken herefrom as if it had
>never
>been contained herein, but all other provisions shall continue in full
>force
>and effect.
> 9. Entire Agreement. This Agreement, and any attachment
>or exhibits hereto, contains the entire agreement between the parties with
>respect to the subject matter hereof and supersedes any prior agreements
>between the parties, written or oral, with respect to such subject matter.
> 10. Notices and Reports. All notices or demands required or
>permitted under this agreement shall be in writing and shall be deemed
>served when deposited in the United States Mail, first class postage
>prepaid, certified or registered mail, return receipt requested, addressed
>as provided in the opening paragraph of this Agreement, or to such other
>address as either party may from time to time designate to the other in
>writing. All reports or payments required under this Agreement shall be
>served as above, but no certification or registration shall be required.
>
>IN WITNESS WHEREOF, the parties have executed, or caused their duly
>authorized representatives to execute, this Agreement as of the date first
>above written.
>
>White Wolf Publishing, Inc. Writer
>
>Signature: Signature:
>
>
>Name (print): Name (print):
>________________
>
>Title: Social Security No.:
>___________
>
>Date: Date:
>_______________
_________________________________________________________________
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