Publishing contract
UKM
Last Update 9 months ago
What is a publishing contract?
A publishing contract is an agreement in which the author transfers to the publisher the right to reproduce the work in printed form and the right to distribute its copies. In return, the publisher undertakes to pay the author a fee and to reproduce and distribute the work.
How does the author transfer his economic rights to the publisher?
The transfer of economic rights requires a written contract. If the author and publisher conclude only an oral agreement, it is still legally valid, but any ambiguities will be interpreted in favour of the author.
In a publishing contract, there is a legal presumption that the transfer of the rights to reproduce and distribute the work is exclusive. If the author does not wish the publisher to hold these rights exclusively, this must be expressly stated in the contract.
Can a publisher make an electronic version of a transferred copyrighted work?
The right of reproduction transferred under a publishing contract generally covers reproduction in printed form only. If a publisher wishes to create an electronic version of the work, this must be explicitly granted in the contract. It should also be noted that a publisher who has acquired the right to publish a work in print form has a prior right to publish the work in electronic form over other potential providers.
How is the fee determined in a publishing contract?
The fee for the author can be determined in several ways:
as a percentage of the retail price of the work sold,
as a lump sum
If the fee is based on a percentage of the selling price (e.g., for a book), the contract should specify the minimum number of copies the publisher will print and sell in the first edition. This is not necessary if the contract guarantees the author a minimum fee regardless of sales.
If the fee is a lump sum, the contract must specify the total number of copies the publisher is authorized to print. If this number is not specified, the publisher may print and sell up to 500 copies.
What can an author do if the publisher does not publish the work within the agreed timeframe?
If the publisher fails to publish the work within the agreed timeframe, the author has the right to withdraw from the contract. Additionally, the author may claim compensation and either retain any fee already received or demand payment of the agreed fee.