Non-compete Clauses
Although non-compete clauses have become common in non-fiction publishing, they are not appropriate in novel publishing agreements. Unfortunately, I have too often seen sweeping non-compete terms in fiction agreements, especially with small and independent presses that “cut and paste” contract provisions from online samples. In some circumstances, these non-compete provisions can unreasonably...
Read MoreDuration of Copyright
The numerous changes Congress has made to the term of copyright duration have made it ludicrously difficult to determine the copyright status of a work. (To add to the confusion, there can be different standards for literary works, photographs, sound recordings, and foreign works.) In previous posts, I have explained these complex rules at length, but here’s a different approach — a chart...
Read MoreNegotiating Tips — No Agent
Some small and independent publishers will refuse to negotiate an unagented publishing agreement, and first-time authors often back down immediately, fearing the publishing offer will be withdrawn. Other publishers may respond to a modification request by stating: “That’s a standard clause.” The implication, of course, is that you’re too green to understand industry standards, and further you...
Read MorePublishing Date After Acceptance
Q. How long should it take for my novel to be published after acceptance? A. A standard publishing agreement stipulates that the publisher has somewhere between 12 and 24 months to release the book after the publisher has accepted the manuscript, with 18 months being typical. Aside from the obvious fact that authors wish to see their book in print as soon as possible, there are other reasons to...
Read MoreBankruptcy Clauses In Publishing Agreements
Many publishing agreements include bankruptcy clauses to protect the author, for example: In the event of the bankruptcy, insolvency or liquidation of the Publisher, this Agreement shall terminate and all rights granted to the Publisher shall revert to the Author automatically and without the necessity of any demand or notification. Sounds good. But is it enforceable? Surprisingly – no. ...
Read MoreAuthors Guild Announces Fair Contract Initiative
On May 28, 2015, at Book Expo America in New York City, the Author’s Guild announced an ambitious new program — a must-read for every writer — named The “Fair Contract Initiative.” This initiative is a series of commentaries that will take “a fresh look at the standard book publishing contract.” According to the announcement, the “guiding principle . . is to restore balance to the...
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