Here's a helpful article on the distinction between self - publishing services and traditional publishers, which includes
some publishing rights contract clauses to watch out for.
Not exact matches
Wylie's gambit seeks to resolve two issues: the assumption by publishers that existing
contracts written before the advent of e-books automatically confer digital
publishing rights, and the assumption that authors» royalty rates should remain at historic levels despite lower e-book production costs for publishers.
Last week, The New Yorker magazine
published an interview with McDougal in which she claimed the
contract with America Media «took my
rights away.»
Vassar's songwriting career blossomed in the mid -»90s when he landed a
publishing contract with EMI and penned hits for Collin Raye («Little Red Rodeo»), Alan Jackson («
Right on the Money»), Tim McGraw («For a Little While»), Jo Dee Messina («Bye Bye,» «I'm Alright»), and BlackHawk («Postmarked Birmingham»).
For them patenting is just a technical legal procedure expressing a
contract between an inventor and society, to
publish the information in exchange for a limited period of exclusive
rights for the inventor.
Newly updated to include recent changes in the treatment of digital
rights, the Model
Contract examines
publishing contracts clause by clause, empowering authors with knowledge and insight for their negotiations with their publishers.
All aspects of your
rights, your copyright, and the language used on
publishing contracts today is explained clearly and simply for the
publishing author.
A fair
publishing contract is one between peers, where the
rights of the two parties are in balance.
As the
contract specified that the publisher wanted first
right of refusal on following books, I had 4 subsequent books
published by them.
Do you understand the intricacies of copyright law, subsidiary
rights, reversion clauses, indemnification and all the other elements of a
publishing contract, so you can adequately protect yourself?
The «life of copyright» clause has no effect on the
rights of authors to request reversion of their
publishing rights, so long as they remember to include appropriate terms elsewhere in the
contract.
Posted by Victoria Strauss for Writer Beware Most book
publishing contracts can be divided into two types: fixed - term, where the grant of
rights extends for a defined period of time, such as five years; and life - of - copyright, where the grant of rig... -LSB-...]
A start - up publisher emerges, announces a bold list of titles, issues
contracts, and then crumbles after
publishing a few or none of the books, leaving authors to sort out their
rights reversion and customers frustrated with the small press in general.
I think they play a valuable role in reviewing
contracts and managing subsidiary
rights (film and foreign, for example) for traditionally
published authors.
Perhaps this knowledge could be integrated into
publishing contracts, either with a clause for the publisher to commit to x number of books in the series or with a clause releasing
rights to completed books immediately upon series cancellation.
If you are self -
publishing an original work for the first time and have never signed a
contract giving someone else the
rights to your book, then you automatically hold the
rights to
publish this book.
How is it toxic to encourage writers to demand higher percentages and more
rights in a
publishing contract?
Work for hire agreements, co-author collaboration agreements, agents»
contracts,
publishing contracts, ghost writing arrangements — all involve a division of creative
rights that generates multiple revenue streams.
But if you sign away your
rights (like with a traditionally
published deal), your obligated to follow what's written on the
contract.
Martin TaylorDecember 16, 2011analysis, business, copyright, newsAustralian
publishing, digital
rights, Dymocks,
publishing contracts,
publishing rights, self -
publishing
On a standard traditional
publishing contract these days (in the States), you are signing over the
rights in the
contract for «the life of the copyright.»
For that $ 1500 advance, Amazon gets «the exclusive, irrevocable, worldwide
right to
publish e-book and audio editions of your Work, in whole and in part, in all languages, along with those
rights reasonably necessary to effectuate those
rights» for the duration of the
contract.
Second, the implication is often that if you sign a traditional
publishing contract, you tie up your
rights forever.
Many, many traditionally
published authors are working to add either back - list titles they've gotten the
rights back on, or bonus books (novellas, short stories) through indie
publishing to boost the sales of their books under
contract.
Dohle further clarified: «Accordingly, Random House considers
contracts that grant the exclusive
right to
publish «in book form» or «in any or all editions» to include the exclusive
right to
publish in electronic book
publishing formats.»
This includes
publishing house acquisitions staff, independent or small imprint staff, literary agents, literary managers, film and television producers, game producers, online content providers, and anyone else who can offer authors either representation or a
contract for some or all of a given book's content
rights.»
Nonexclusive
Contract Legal agreement in which the publisher does not exercise exclusive
rights over the materials
published in the author's book.
By the way, it's unlikely a traditional
publishing company will allow you to do this unless you manage to negotiate it into your book deal
contract (the publisher gets the majority of the
rights — a frustrating down side).
Flattering, but in order to attract writers and convince them to sign a
contract the offer has to change toward higher royalties, different deals for ebook, paperback, and audiobook
publishing rights, and marketing plan that goes well beyond the initial splash.
Dohle's letter made clear the company's position that «the vast majority of [its] backlist
contracts grant [Random House] the exclusive
right to
publish books in electronic formats, as well as more traditional physical formats.»
I've spoken with agents who say
publishing contracts are getting more convoluted as publishers try cover every possible
publishing right even if it hasn't been discovered yet.
Subsidy publisher book
contracts from outfits like iUniverse, AuthorHouse and Xlibirs, may outwardly resemble trade
publishing contracts, but there's no reason you should be giving away any
rights at all when you're paying them to
publish the book.
«Amazon gets «the exclusive, irrevocable, worldwide
right to
publish e-book and audio editions of your Work, in whole and in part, in all languages, along with those
rights reasonably necessary to effectuate those
rights» for the duration of the
contract.»»
If I have a
publishing contract with a company but they are only using ebook
rights and are willing to let me print copies and distribute them myself do you think it would be worth it?
For example, as Helen Sedwick's and Orna Ross's recent book How Authors Sell
Publishing Rights says, «Within most trade - publishing contracts -LSB-...] the publishing house will request [rights in] perpetuity, unless the book goes out of print, which rarely occurs in the POD / e-book e
Publishing Rights says, «Within most trade - publishing contracts -LSB-...] the publishing house will request [rights in] perpetuity, unless the book goes out of print, which rarely occurs in the POD / e-book era.&
Rights says, «Within most trade -
publishing contracts -LSB-...] the publishing house will request [rights in] perpetuity, unless the book goes out of print, which rarely occurs in the POD / e-book e
publishing contracts -LSB-...] the
publishing house will request [rights in] perpetuity, unless the book goes out of print, which rarely occurs in the POD / e-book e
publishing house will request [
rights in] perpetuity, unless the book goes out of print, which rarely occurs in the POD / e-book era.&
rights in] perpetuity, unless the book goes out of print, which rarely occurs in the POD / e-book era.»
In a message to members, they basically rejected RH's argument that its older
contracts that grant
rights to
publish «in book form» or «in all editions» is a grant of electronic
rights.
With traditional
publishing, you can kiss your
rights goodbye, since the standard agency
contract demands the life of the copyright (i.e., the rest of your natural life + 70 years).
From what the
contract seems to say though is that htey don't have the
rights to my story, just the
rights to print,
publish and sell my book.
Even self -
publishing platforms like CreateSpace require you to warrant that you have the unencumbered
right to
publish — which, as long as there may be a
contract still in force, is an open question.
The problem with self -
publishing a book when a publisher still holds your
rights isn't just that the publisher might make trouble for you, but that any self -
publishing platform will require you to warrant that you have the
right to
publish — which you don't, as long as an exclusive
contract with another publisher is in effect.
You retain copyright, and we discuss
publishing rights and sign a formal
publishing contract with you.
When Naked Reader Press submits a title for publication that has already been
published in one format or another, we have to present proof that the
rights have reverted to the author and that the author has
contracted with us for publication.
Around 80 % would not, however, say no to a
publishing contract if the conditions were
right.
Right there, in my
contract, is a reversion clause that allows me, under certain conditions, to get my book transferred back to me so that I can get it back into print indie
publishing or resell it to another publisher.
Publishers began to produce and sell ebooks themselves, and they began to include them in the primary grant of
rights in their
publishing contracts.
Without trying to interpret
contract clauses or how to negotiate the «reversion
rights» of your
publishing agreement, I thought it would be helpful to talk about the key considerations should you choose to self -
publish.
These sessions will cover some of those nuances like: knowing when to make a full - time dedication to your craft, choosing the correct
publishing services, taxes,
contracts, and negotiating book
rights.
A seminar on the topic on the first day of the fair revealed one of the problems in selling
rights: Russian
publishing contracts traditionally last just three years, and then the
rights revert back to an author.
The
right to
publish and profit from your book are determined by your copyright and by legally valid
contracts, not by the ISBN.
Many publishers include audio
rights as part of a
publishing contract for the work.