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.
IF THE ARRANGEMENT IS A LICENSE TO USE WORK OR ASSIGNMENT:
3. What is scope of right to use Work or scope of Assignment of rights, for example:
- a. Territory: North America Print only or World-wide, etc.?
- b. Print, Electronic Media, All Media, Media not invented yet, unlimited use, hardcover, paperback, motion picture, translations, Braille, etc.?
- c. Merchandising (use of illustrations on t-shirts, hats, etc.)?
- d. Book club rights?
- e. Derivative works?
- f. Sublicensing rights?
- g. Right of publisher to lease plates for reprint?
- h. Advertising and Promotional material, etc.?
4. Copyright and Credit:
- a. Copyright protection - Publisher's obligation to display Copyright Notice
- b. Publisher's obligation to give credit to creator/artist.
- c. 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?
6. Royalties:
a. Percentage or Flat Rate?
b. Timing of payments?
c. Right to inspect publisher's books 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?
9. Binding for all work done for publisher in the future?
10. What is the provision for return of artwork?
11. What happens when the book becomes "out of print?" (Rights should revert to Author-Artist).
12. What rights survive termination of agreement?
13. What if Publisher does not promote book/work or files for bankruptcy?
14. What, if any, are the limitations on author-illustrator from creating competing works?
15. Is there a right to assign royalties, etc.?
16. Other important issues pertaining to your specific circumstances.
DISCLAIMER: These materials have been prepared by Grenier Law Offices, PC for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking direct professional legal counsel with regard to their particular circumstances.
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
- Contracts
- and more
Copyright
- Ownership
- Duration
- Transfer
- Infringement
- Defenses to
- Infringement
- Claims
|
Authors and Publishers
- Author-Publisher Contracts
- Issues for Authors of
Shorter Works
- Agent Agreements
- Collaboration Contracts
- Ghost-writing Contracts
- Negotiations
- Copyright
- Licensing
- Royalties
- E-books
- Authors' Rights
Trademark
- Ownership
- Duration
- Transfer
- Infringement
- Defenses to
- Infringement
- Claims
|
For more information on Copyright and Trademark law CLICK HERE.