Tuesday, October 15, 2013

#PublishingContract

A former client was awarded a #publishing contract so she asked me to review the document for her. While I'm not a lawyer, I can often spot deficiencies or clauses that can become a problem in the future.

One issue I noticed was that the publisher's standard contract referred to the expansion of some clauses in "Schedule A". Such additions to a contract should be avoided because they can create confusion if an issue arises. The judge will often dismiss the case if she/he finds that one party or the other is confused by the extra points. That may or may not work in your favor, so be sure to have the contract written without extra "schedules."

Another point that I noticed in my client's contract was that it did not address what would happen to the #book's electronic files and graphics if one or the other party (publisher or author) had a valid reason to cancel the contract. As the author, if you find that the publisher does not meet expectations, you want ownership of the files so that you can find another publisher if you so choose.

Generally speaking, most mid to large publishers are ethical, but #good contracts make good friends. 

Always have an independent, #intellectual property rights lawyer review your contract.

Better safe than sorry.

Denise


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