Avoid “payment on publication” (though that’s what many Publishers offer).ī.Ideal: 1/2 on signing, 1/4 on delivery of half MS, 1/4 on final acceptance.Advances – Ideally these should be nonrefundable at worst, if manuscript rejected, Publisher may only recover from “first proceeds” under next contract for the same work Advance and Royalties: Amount and ScheduleĪ. Include general reservation of rights clause: any rights not expressly granted to Publisher remain with Author.Ģ.If Publisher takes subsidiary rights you care about, press to have any rights that Publisher has failed to exploit within a reasonable period (e.g., 2 –3 years after book published) revert to Author.Book club rights – be sure royalties are fair (don’t become a free or low-cost giveaway).Preserving and allocating electronic, audio, and video rights and rights in new technologies (ideally no right to add music or sound effects without Author approval).Author ideally retains rights to characters, settings, title (if fiction with series prospects).Author ideally retains dramatic, film, TV, radio, merchandising (today’s standard publishing agreement often retains these for Publisher but consider arguing that these should remain with Author unless Publisher has affiliates, proven success or special expertise to do these things).Pass-through (after advance is repaid, ideally the royalties owed for sub rights – typically ½ of what Publisher receives – should flow through to Author 30-60 days after receipt).Author or agent approval of sub rights licenses controlled by Publisher.Proportion in which proceeds shared (standard: 90% first serial, 75/80% UK and foreign, 50-66% other).Subsidiary rights: first serial (exclusive right to be first periodical to print story, article, excerpt, etc.), second serial (nonexclusive right to publish after first publication by another periodical), reprint (essentially same as second serial), British Commonwealth (publication in any of over 50 countries, mostly former British colonies), other foreign territories, translation, motion picture, TV, dramatic, audio, electronic, multimedia, podcast, commercial and merchandising – which of these rights are reserved or granted? Consider: how well placed is Publisher to sell such rights, and how successful historically? Here are other issues to address: So, consider which territories it makes sense for your publisher to control and start from there.Ĭ. Territories (EC & Australia considerations): Where can the rights be exercised? Some publishers will seek worldwide rights but industry customs favor a more nuanced approach, given that translation rights are implicated. Publisher ideally should agree to register copyright in Author’s name (or at least allow the Author to do so – avoid registering copyright in Publisher’s name).ī. ![]() If you can’t avoid “work made for hire” or express assignment to Publisher, be sure to address the termination of the grant/contract and reversion of rights to Author (see “out of print” below at 9.F and 15.E). ![]()
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