Texas media and entertainment lawyer Tamera Bennett provides insight into seven basic areas/questions every author needs to consider before signing a literary publishing contract.
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7 Questions for Authors to Ask Before Signing a Book Contract
1. Bennett Law Office, PC
132 West Main St
Lewisville, TX 75057
972-436-8141
tbennettlaw.com
createprotect.com (blog)
entertainmentlawupdate.com (podcast)
Tamera H. Bennett
Attorney at Law
7 Questions For Authors To Ask
2. Who Owns The
Copyright in My Book?
Author – unless there is a written agreement
saying something different.
3. How Do I Register The Copyright?
www.copyright.gov
Use the online “eCO” system
4. Options To Publish My Book
• Self Publish
• Social Media Publishing
• Vanity Press
• Major Publishing House
5. What Rights Will The Publisher Want?
• Primary Rights –
• Subsidiary Rights –
• Territory –
• Language –
A copyright is a bundle of rights. You as the author
and copyright owner control what rights you license
or convey.
6. What Will I Get Paid?
• Advance –
• Royalty Rates -
7. When Will I Get Paid?
• Advance –
• Quarterly / Semi-Annual –
• Reserve for returns -
8. How Can I Cancel the Contract
and Get My Book Back?
• Yeah, not usually -
• Out of print clause -
• Publisher can terminate -
9. 132 West Main St
Lewisville, TX 75057
972-436-8141
www.tbennettlaw.com
www.createprotect.com (blog)
www.entertainmentlawupdate.com (podcast)
Bennett Law Office PC -Tamera Bennett
/in/tamerabennett
tamerabennett
Notas do Editor
What is copyright?
Original work in tangible medium of expression
You write it, you are the author.
Written Assignment
Life of author plus 70 years
Book; blog post; painting; song; poem; photograph; software
Pre 78 works
Termination and reclaimation
Self Published
Vanity Press
Major Publishing House
Social Media publishing – Reddit, Facebook, Instagram, Twitter.
Bundle of rights
Standard is Exclusive for the rights conveyed; forever; in perpetuity
Primary Rights – print publication; hardback; trade paperback; mass market paperback
Subsidiary rights – Book club; serial rights; audio; dramatic; motion picture; tv; radio; merchandising; electronic right
Foreign rights - Translation rights
Film/TV – try and retain or enter into an option
Merchandising rights – keep them
Electronic or Internet Rights -
E-books / Audio Books
Fully 65% of Americans have read a print book in the last year, more than double the share that has read an e-book (28%) and more than four times the share that has consumed book content via audio book (14%).
E-book readership increased by 11-percentage points between 2011 and 2014 (from 17% to 28%) but has seen no change in the last two years. Similarly, the share of American adults who listen to audio books has changed only marginally since Pew Research Center first asked about this topic in 2011 – at that point, 11% of Americans had listened to an audio book in the last year, compared with 14% now.
Advance – may be one time; or multiple payments based on completion of the project. RECOUPABLE not Refundable.
Quarterly or semi-annually – typically not paid monthly
Accounting statements; Audit; Statute of Limitations
Primary Rights:
Hard Back –
10% of the List Price for the first 5,000 copies sold; 12.5% of the List Price for copies 5,001 to 10,000 and
15% of the List Price for each and every copy sold thereafter.
Paper back -
7.5% of the List Price for the first 10,000 copies; 8% on copies 10,001 to 20,000; and 10% for each and every copy sold thereafter
Subsidiary Rights -
Foreign – 10 to 12% of Net not list
Audio –
25% to 50% of net dollar receipts
Ebooks –
25 to 40 of list price or of net receipts
For ebook only deal - % are typically higher – 40 to 42% of Cover Price
Serial rights – printed in a magazine – First Serial rights 90 to 100% to Author
Second 50%
Might be able to negotiate in a termination if not published with in X months of final acceptance.
Out of print – hard to ever go out of print. Especially with digital editions.
Publisher can terminate – non-acceptance.
35 Years after publication; may have ability to terminate the grant 1/1/78
Before 1/1/78
