When an author decides to publish a book or some other kind
of publication, a publisher will often require what is regularly known as a
publishing agreement. A publishing agreement is a contract between the
publisher and the author. It contains important terms relating to ownership of
the copyright, payment, and other terms and conditions. Understanding your
rights as either a writer or publisher is critically important before entering
into a publishing agreement.
One of
the most important aspects of the publishing agreement is an understanding as
to the ownership of the copyright. Keep in mind there is what is known as a
"bundle of rights" associated with the copyright. Therefore, one may
be able to grant, or otherwise assign, certain rights while maintaining others.
Typically, a publishing agreement will have the author grant the right to
publish and/or reproduce the publication. However, it is critically important
to determine whether or not the right to prepare derivative works, or otherwise
adapt or modify, and other copyright rights, are to be transferred from the
author to the publisher. It is also important to understand whether or not
certain exclusive rights will be assigned under the agreement.
Payment
terms are also disclosed in a publishing agreement. Typically, royalties are
paid by the publisher to the author, with an opportunity for an advancement on
royalties in certain cases. Regardless, understanding what the payment
structure is becomes important, especially where rights beyond mere
publication. For example, such as its adaptation into a movie or otherwise,
occurs.
Finally,
understanding what rights the publisher has to alter the author's work,
sometimes known as moral rights, is also important. The publishing agreement
should set forth who is to make revisions, how they are to be improved, and
when proofs are to ultimately be finalized into a completed manuscript/book/or
other publication.
Both parties
should consider whether or not the provision dealing with a reversion of rights
is necessary. For example, in the event that the publisher does not fulfill its
obligations and publish the books within a certain amount of time, rights may
revert to the author so that he/she may pursue alternative publication. The
same may be said if the author fails to provide the required manuscript by a
certain date. Time is of the essence, provisions are also considered for these
same reasons.
Ultimately,
since the publishing agreement is the contract that governs the relationship
between an author and publisher, both would be well served to speak with a
copyright attorney with experience in publishing agreements and other
publication issues that could arise in that context.
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