The following are some of the issues that are often addressed in a publishing agreement.
1. First, have you registered your copyright to the work with the Library of Congress? (Highly Recommended- See Copyright Registration Info)
2. Determine whether this is a Work for Hire (typically not recommended-please contact me to discuss), License to use "Work" or Assignment of all rights.
3. What is scope of right to use Work or scope of Assignment of rights, for example:
- Territory: North America Print only or World-wide, etc.?
- Print, Electronic Media, All Media, Media not invented yet, unlimited use, hardcover, paperback, motion picture, translations, Braille, etc.?
- Merchandising (use of illustrations on t-shirts, hats, etc.)?
- Book club rights?
- Derivative works?
- Sublicensing rights?
- Right of publisher to lease plates for reprint?
- Advertising and Promotional material, etc.?
4. Copyright and Credit:
- Copyright protection - Publisher's obligation to display Copyright Notice
- Publisher's obligation to give credit to creator/artist.
- If biography of artist displayed, artist will want to have right to approve or require changes.
5. Are there advance payments prior to or during creation of work?
- Percentage or Flat Rate?
- Timing of payments?
- Right to inspect publisher's records to assure accuracy of payments?
7. Is there a prohibition on manipulation or alternation of the Work by publisher or any other third party?
8. Is the contract binding for projects other than the current Work/Book (future versions, sequels)?
9. What is the provision for return of artwork?
10. What happens when the book becomes "out of print?" Do rights revert to Author/Artist?
11. What rights and obligations survive termination of agreement?
12. What if Publisher does not promote book/work or files for bankruptcy?
13. What, if any, are the limitations on author-illustrator from creating competing works?
14. Is there a right to assign royalties, etc.?
This is not an exclusive list of issues and other important issues pertaining to specific circumstances, will likely apply.
WRITTEN AND VISUAL ARTS LAW
This office offers representation to galleries, artists, collectors, writers, publishers, auction houses, and more.
Artists and Galleries
- Artist-Gallery Agreements
- Consignment Agreements
- Sale and Royalty Agreements
- Sale and Licensing Agreements
- Assignment of Rights
- Rights of Privacy and Publicity
- Moral Rights Protection
- Massachusetts Laws
- Physical Alteration or Destruction of Fine Art
- and more
- Defenses to
Authors and Publishers
- Author-Publisher Contracts
- Issues for Authors of
- Agent Agreements
- Collaboration Contracts
- Ghost-writing Contracts
- Authors' Rights
- Defenses to
For more information on Copyright and Trademark law CLICK HERE.
Click here to schedule a Consultation with a Boston Business Lawyer or Maine Business Lawyer.