Out of Print Clauses in Publishing Agreements
Your grant or assignment of copyright to your publisher generally is limited only by the out of print clause. It therefore is critical that “out of print” be defined reasonably, especially now that digital and on-demand publishing can make the literal meaning of the clause obsolete. Ideally, the definition should be pegged to the publisher’s marketing efforts, not just to the book’s...
Read MoreQ&A: E-book Rights
Q. How do I get e-book rights for my out of print books published before the days of e-books? A. As always, the answer exists in your publishing agreement. You must closely examine two sections: your “grant of rights” to the publisher and your “out of print” clause. There are four possible scenarios: 1. Your book is out of print, and you have received a reversion of all rights from the...
Read MoreQuick Contract Guide
Q. What rights should I grant my publisher? The standard book publishing agreement “Grant of Rights” clause commonly takes all “print” rights plus certain specified “subsidiary” rights – foreign, translation, book club, electronic, film & television, audio, dramatic, and periodical. Don’t skim over these clauses – they are the most important elements of your publishing agreement. Examine...
Read MoreQ&A: Copyright In Old Novel
Q. I have discovered an old novel I would like to rewrite, using the characters and the plot. Is this legal? A. Not if the novel still is under copyright; if so, your rewrite would be an infringement. The question then becomes how “old,” because if the book is NOT under copyright, it is in the public domain. Let’s examine the duration of copyright in the United States – a complex subject...
Read MoreQ&A: Liability Insurance For Self-Published Novel
Q. I have decided to self-publish one of my out-of-print novels. Do I need liability insurance? A. Maybe. Some background: when your book originally was published, your publisher (unless a VERY small press) carried “media perils” insurance protecting against claims of infringement of copyright, trademark, title, slogan or other misappropriation, libel, invasion of privacy or publicity,...
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