Is a book out of print if it is available only in a POD (print-on-demand) edition? Unfortunately, the answer to your question in large part depends on how “out of print” or “in print” is defined in your contract (assuming it is defined at all). Some contracts, even from 20 years ago, specify that the…
What Does “Coupled with an Interest” Mean?
What does “coupled with an interest” mean? The phrase is used in the agency section of my contract. This phrase is a confusing one, and I’m willing to wager that most agents who have it in their agency clause understand neither its meaning nor its purpose and included it only because someone suggested that they…
Can I Get Approval Rights for the Cover’s Design?
How typical is it to get approval in a contract for the design of the book’s cover? It is extremely difficult—generally nigh to impossible—to get a provision in your contract giving you approval over design of the book’s cover or dust jacket. The best way to handle this situation, in practical terms, is to be…
Are My Royalties Reduced When E-Books are Sold at Large Discounts?
Should the typical provisions about reduced royalties on copies sold at high discounts apply to e-books? No. Unlike print-on-paper books, where each copy sold at a deep discount represents significant expenses incurred by the publisher which pertain specifically to the copy sold (paper, printing and binding costs and, sometimes, shipping and warehouse charges), the cost…
How Helpful is the Bankruptcy Clause in Publishing Contracts?
Not very, but you would be ill-advised to remove it. When a publisher is in bankruptcy, both the company and people dealing with it are prohibited from taking many actions without court approval. Among these is enforcement of the typical clause in publishing and certain other contracts that says the contract terminates when the publisher…
