Publication Agreement Language

Definition:

• The rights assigned to the publisher
• The nature of the rights assigned
• The territory in which the rights are assigned
• The amount of time for which the rights are assigned

Types:

• Assignment: Transfers exclusive ownership of the copyright to the publisher.
  • Publisher granted copyright.
  • Author cannot grant the same rights to another publisher, or exercise them their self.
• Exclusive License: Grants a publisher exclusive permission to exercise the rights granted.
  • Author retains copyright.
  • Author cannot grant the same rights to another publisher, or exercise them their self.
• Non-Exclusive License: Grants a publisher non-exclusive permission to exercise the rights granted.
  • Author retains copyright.
  • Author can grant the same rights to another publisher, and exercise them their self.

Consider the following:

• Does it have a statement that reserves all rights for the author that are not explicitly granted to the publisher?
• Do you have the right to sell author copies?
• Is the publisher capable of utilizing all of the rights granted? Could they be better utilized by another publisher?
• Does it have a rights reversion clause should the publisher cease to utilize their rights?
• Does the contract outline subsidiary/secondary rights, such as audiobook rights, dramatic rights, etc.?

Sources:

"Understanding and Negotiating Book Publication Contracts" by Author's Alliance is licensed under CC BY 4.0

Evans-Walls, T. M. (2005). Literary law guide for authors : copyright, trademark, and contracts in plain language (2nd ed.). FYOS Entertainment.

Legal Disclaimer

The information provided throughout this guide does not constitute legal advice, and should not be interpreted as such. While your resident librarians would be happy to try and assist with any questions, we are unable to provide legal advice and may need to refer you to a lawyer or agent.