You (hereinafter referred to as the “Writer”) are accessing a website (hereinafter referred to as the “Online Platform”) operated by Short Édition to publish one or more short stories or poems (hereinafter referred to as the “Work”) as accepted by Short Édition, as uploaded on the Writer’s online account with Short Édition at www.short-edition.com/en.
The present document (hereinafter referred to as the “PTC”) defines the publishing terms and conditions and the rights granted by the Writer to Short Édition on the Work. The use of the Online Platform implies the Writer’s unconditional acceptance of the PTC. Therefore, in case of disagreement with some of the terms contained herein, the Writer shall not access the Online Platform.
1. Use of the Online Platform
The Writer shall use the Online Platform to upload Work he or she wants to submit to Short Édition for publication on several media used by Short Édition.
2. Submission of work
The Writer can submit a Work through two (2) submission modes: through general submissions for Short Circuit or The Current or through a writing contest organized by Short Édition. These Publishing Terms and Conditions shall apply to any Work, irrespective of its submission mode. However, the Writer acknowledges and agrees that the guidelines established for Short Circuit, The Current, or a writing contest may modify certain terms of these Publishing Terms and Conditions and shall prevail.
2.2. Acceptance of Satisfactory Work by Short Édition
Within 120 days from the date of submission of the Work by Writer, Short Édition shall either (i) accept or (ii) reject the submitted Work. Said acceptance or rejection of the Work shall remain at the sole discretion of Short Édition.
2.3 Simultaneous Submissions
Writer may submit his or her Work elsewhere, as long as he or she immediately informs Short Édition if it is accepted for publication by a third party.
3. Grants of Rights
Subject to acceptance of the Work as satisfactory by Short Édition, as provided by Section 2.2 hereafter, the Writer grants the following Rights to Short Édition, throughout the world:
- (a) The exclusive right to publish the Work – in English and any translation therefrom in any language – in the Short Story Dispensers of Short Édition (hereinafter referred to as the “SSD”) or in any other kind of physical story dispenser or similar machine resembling the SSD. After a year of discontinuation, provisions of Section 4.5 shall apply.
- (b) The non-exclusive right to use or adapt the Work – in English and any translation therefrom in any language – as a basis for audio through any method of recording or transmission in all forms now or to be utilized, any digital audio format, or machine-readable audio medium and the broadcast or transmission thereof, now known or which may be devised in the future. After a year of discontinuation, provisions of Section 4.5 shall apply.
- (c) The non-exclusive right, for the full term of copyright, to publish, use, and/or distribute the Work – in English and any translation therefrom in any language – in any publication of Short Édition in any media (including electronic media) and/or allow third parties, such as a newspaper or any other paper or online form, to publish, use and/or distribute the Work for publication. Writer will be paid royalties for all exploitations of his or her work – see Section 5. And the non-exclusive right to use the Work and/or the Writer’s name, approved likeness and approved biography in promoting, advertising and publicizing the publication in which the Work appears or any other publication, product or service (which shall include, without limitation, websites and/or webpages) of or relating to Short Édition or its affiliated entities, by any means now in existence or hereafter developed.
- (d) The publication Rights granted in these PTC may be exercised in any media now in existence or hereafter developed, including without limit, print media, electronic media, and electronic data bases. However, please note, Writer maintains dramatic and film and television rights.
- (e) Excluding Works published in The Current, in case the Writer decides to use or to grant similar Rights on the Work or Derivative Work to a third party, he or she shall inform Short Édition beforehand. Any publication, distribution and/or use by said third party on any media shall include the following reference: “published by Short Édition.”
- (f) Subject to the other terms of these PTC, all rights now existing or which may hereafter come into existence which are not granted or licensed herein are reserved by Writer.
4. Publishing conditions
Writer agrees to read, revise, correct, and return promptly all proofs of the Work at the request of Short Édition.
4.2. Advance Payments
In case a Work is accepted as a Satisfactory Work by Short Édition and provided that said Work is published through a SSD, then Short Édition shall pay to Writer, as an advance payment against and on account of all moneys accruing to Writer under these PTC, the designated sum according to the guidelines of the publication the work will be published in (Short Circuit or The Current or writing contest), payable within 45 days after acceptance of Satisfactory Work.
4.3. Royalty Payments
Short Édition shall pay to the Writer a royalty on the Work published and/or distributed as calculated as follows:
- (a) Publication of the Work in a SSD: for each SSD, in proportion to the number of other works published in the SSD and the number of days that the Work is available to the public via the SSD, to a prorate of 40% of the revenue corresponding to the remuneration of the exploitation of the Work paid to Short Édition by the client as part of his subscription to the service.
- (b) Publication of the Work in a thematic book: in proportion to the number of other works published when several works are published together, to a prorate of 10% of the public price, excluding tax.
- (c) For any other exploitation:
- in proportion to the number of other works published for a publication assembling multiple works, to a prorate of 40% of the revenue corresponding to the remuneration of the exploitation of the Work when this one can be isolated,
- to 10% of the total revenue when it cannot be isolated.
- (d) Publication on the website, short-edition.com/en, does not entitle Writer to additional income.
4.4. Reports and Payments
Short Édition shall render annual statements of account on the last day of December and shall mail or email such statements to Writer during the third following month, together with a wire transfer in payment of the amounts due thereon on the account. Should the Writer receive an overpayment of royalty, Short Édition may deduct such overpayment from any further sums owed to the Writer. Any sums due and owing from the Writer to Short Édition may be deducted from any sum due or to become due from Short Édition to the Writer pursuant to these PTC.
4.5. Discontinuance of Publication
If Short Édition fails to keep the Work published in the SSD and/or in any audio form and the Writer makes written demand, Short Édition shall, within sixty (60) days after the receipt of such demand, notify the Writer in writing if it intends to republish it. Within six (6) months thereafter, Short Édition shall republish the Work unless prevented from doing so by circumstances beyond its control. If not, then the Writer shall have the right to terminate his or her agreement to these terms and all Rights granted hereunder shall revert to the Writer, subject to licenses previously granted, provided the Writer is not indebted to Short Édition for any sum owing to it under these PTC.
4.6. Writer’s Warranties and Indemnities
- (a) The Writer warrants that he or she is the sole author of the Work and of all the Rights granted to Short Édition.
- (b) If submitted for a writing contest or publication in Short Circuit, the Writer also warrants that the Work is original, has not been published before, is not in the public domain and it does not, to the best of the Writer’s knowledge, infringe or violate any copyright, right of privacy or publicity, or any other personal or property right of any person.
- (c) In the event of any claim, action, or proceeding based upon an alleged violation of any of these warranties, the Writer shall hold harmless Short Édition, its affiliates, directors, officers, employees, owners and agents, or any seller of the Work, and any licensee of a subsidiary right to the Work, against any damages sustained. Short Édition shall have the right to defend the same through counsel of its own choosing. If such claim, action, or proceeding is successfully defended or settled, the Writer’s indemnity hereunder shall be limited to fifty percent (50 percent) of the expense (including reasonable counsel or court fees) attributable to such defense or settlement; however, such limitation of liability shall not apply if the claim, action, or proceeding is based on copyright infringement.
In such circumstances, Short Édition may withhold payments of reasonable amounts due to Writer under this agreement. These warranties and indemnities shall survive the termination of this agreement.
4.7. Writer’s Property
Except for loss or damage due to its own negligence, where its liability shall be limited to twice the net amounts received by Short Édition for the considered Work, Short Édition shall not be responsible for loss or damage to any property of the Writer.
4.8. Suits for Infringement of Copyright
If the copyright of the Work is infringed, Short Édition shall have the right to prosecute such action.
In case one of the terms of the PTC is considered as illegal or void, or in case of omission, the related term would be replaced by another one having an approaching meaning in terms of legal interpretation.
The PTC shall remain effective between the Writer and Short Édition until expiry of Short Édition’s Rights according to Section 3. However, Section 4 shall survive the end or termination of these PTC and remain enforceable thereafter.
5.3. Applicable Law and Jurisdiction
These PTC, including all rights and liability of the parties, shall be governed by the laws of France and the courts of Grenoble shall have exclusive jurisdiction over any dispute.
These PTC shall be binding upon the heirs, executors, administrators, and assigns of the Writer, and upon the successors and assigns of Short Édition.