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Jassin Drafting and negotiating contracts is viewed by some publishers as wasteful and time consuming. Many authors will simply sign them. Sometimes, lacking the necessary business acumen, a start-up publisher may delete important provisions that they do not fully understand.
While it is difficult to see how your publishing agreement will play out in the long term, the decisions you make today could have profound, long term consequences. To illustrate, take the successful craft publisher who battled for recognition and profitability for twenty years.
As he approaches his mids, with no children to take over the business, he decides to sell his publishing company to outsiders. Simply stated, the non-assignment clause prevents him from selling the assets of his company e.
If you are thinking about selling a publishing company -- or spinning off a line of books -- take the time now to take care of any unresolved legal problems. A well drafted publishing agreement can add value to a publishing company.
Taking the boilerplate provisions for granted can also have serious consequences for authors. While no publisher will strike its non-compete clause completely, if asked properly, most will offer the author a more palatable version.
Book contracts typically give the publisher not the author the right to determine the title of the work. The key to a good contract is clarity.
Ambiguity and inconsistency are the two key ingredients in litigation soup. Formal agreements are essential. Under copyright law, without a written agreement signed by the author, the publisher does not control exclusive rights.
If a dispute arises, a well-drafted contract will anticipate such a dispute and could save you thousands of dollars in legal fees later on. Keep in mind that you are negotiating a very long term relationship. If the book is successful, the publisher and author or authors heirs could be bound together for the life of the copyright.
For works published aftercopyright lasts for life of the author plus another seventy years.
A publisher must shore up any weaknesses in a publishing contract. For example, tighten up the contract to ensure it contemplates new technologies.
For authors, it is helpful to keep in mind that most contracts are not take-it-or-leave-it propositions. Knowing what to ask for is critical.
Use an agent or attorney who understands the parameters of the typical publishing deal to negotiate your contract. Working through an agent or attorney allows the author to preserve his creative relationship with the editor or publishing house.
Below are issues to consider when you draft or negotiate your next publishing agreement.
Each key point deserves greater attention than given here and, will be the subject of future articles. While not all clauses are equally important or negotiablea well-drafted contract will cover all, or most of the points outlined below.Writing a business contract that protects your interests while balancing your business objectives is critical to your business' success.
But while you should get acquainted with the legal terms and processes for writing a contract, sometimes it's best to have an attorney review your contract before it . Legal Jobs Database from Ten-Percent Legal Recruitment, specialist legal recruitment consultants in the UK for solicitors, licensed conveyancers, paralegals and legal executives, law recruitment for law firms, legal jobs and careers advice, solicitor jobs and recruitment.
Welcome Norris Ward McKinnon are Waikato’s leading provider of specialist legal services. Based in Hamilton City, we are the lawyers Hamilton trusts to provide them with quality legal services. One of the great paradoxes about the legal profession is that lawyers are, on the one hand, among the most eloquent users of the English language while, on the .
|Do not use “and/or” in legal writing – Slaw||ASJAindemnificationindemnitywarrantywarrantiessettlement Updated|
|How to Deal with Warranty and Indemnification Clauses - Writers and Editors||Saturday, January 29, Good Fences: If you and another writer are working together on a substantial work, you should consider entering into a collaboration agreement.|
Nov 14, · How to Write a Legal Contract In this Article: Article Summary Sample Contracts Understanding Contract Fundamentals Writing the Contract Executing the Contract Community Q&A A contract creates legal obligations between two or more “parties” (individuals, businesses, institutions, etc) involved in the contract%(60).
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