Do I have cover approval for the paperback edition of my hardcover book?

Q. My contract grants me cover approval but the paperback publisher never sent me the cover to look at. It’s totally different from the dust jacket on the hardcover, which was fabulous. I’m told that paperback publishers have the right to design their own covers. Is that true?

A. The contract between you and your publisher essentially covers only copies of your work published by that publisher, whether hardcover, paperback or electronic. With very limited exceptions, its provisions do not apply to copies of your work published by licensees of your publisher. If there are particular provisions in your contract that you want carried over to an edition published by any of its licensees, you should list those provisions, by repeating them or by cross-reference to the clauses containing them, in a section of the contract which says that the publisher must include them in its contract with the licensee. Another way would be to say, each time one of those provisions appears in the contract, that the provision must also be contained in any agreement the publisher signs with a licensee for another edition of the book.

Among the clauses that an author is most apt to want included are a prohibition against material by anyone else (whether advertising, the work of another author or anything else) being included in your book; the right for you to purchase copies of the reprint edition at a discount for resale; and cover approval. The most important provision—no changes to what you wrote—is generally covered by the publisher’s contract with the reprint publisher and not something you typically have to worry about.

If your publisher balks at including certain provisions you request because it thinks they might limit its ability to license the book for reprint, you have three alternatives. One is to agree with the publisher and omit them from the contract. The second is to remind the publisher that if the relevant provision in fact turns out to be an impediment to signing the license, it can ask you at that time to waive the requirement, so the provisions should be left in as mandatory. The third, for the arguably problematic provisions only, is to change the operative language in the section from “the publisher shall include the following provisions in the reprint contract” to “the publisher shall use its best efforts to include the following provisions….” I’m generally a fan of the second alternative.

(Originally published in the Winter 2009 issue of the Authors Guild Bulletin. © Mark L. Levine)

Answers to questions on this site are general in nature only. You should consult a lawyer for information about a particular situation. For more information about book publishing contracts and issues, see Levine’s book.

Are print-on-demand books considered print-on-paper or electronic editions?

Q. Are print-on-demand books considered print-on-paper or electronic editions?

A. They are generally considered print-on-paper (“POP”) books, but there are arguments on both sides.

Favoring their treatment as electronic editions: until the time of actual purchase, they exist only as an electronic file and not as a printed book.

Favoring their treatment as print-on-paper editions: the purchaser receives a print-on-paper book, not a file to be read on a computer or other e-device.

To avoid possible future disagreements between you and your publisher, your contract should specify how you and the publisher intend print-on-demand (“POD”) books to be treated. If the two of you agree, they can even be treated differently in different sections of the agreement.

Clauses affected by this decision primarily include grant of rights, royalties, out of print and reversion of rights. If your contract includes — as it should — provisions for separately determining when your e-edition and print-on-paper editions go out of print, you need to avoid confusion about what rights revert to you.

A reversion of POP rights to you will be illusory — and you will not find a traditional publisher interested in bringing out a new edition — if your original publisher, retaining the e-rights after your POP edition goes out of print, can cause a POD edition to be printed whenever someone wants to buy a traditional book. So even if your contract treats PODs as electronic editions for royalty or out-of-print purposes, specify that they are treated as POP copies for grant of rights purposes if POP rights revert to you when the POP edition goes out of print.

(Originally published in the Fall 2011/Winter 2012 issue of the Authors Guild Bulletin. © Mark L. Levine)

Answers to questions on this site are general in nature only. You should consult a lawyer for information about a particular situation. For more information about book publishing contracts and issues, see Levine’s book.

Why is my book being published only as an e-book?

Q. I have licensed both print and e-book rights to my publisher. Are they obligated to publish the book in both editions?

A. Only if your contract says so. Prudent authors will provide that simply publishing the book in an e-book edition (which will be far less costly for publishers) is not sufficient, and that the contract will terminate and all rights revert if no print-on-paper edition is published by a specified date. Alternatively, you could provide that no e-book edition may be published until after the print-on-paper edition is published. In either situation, if it is important to you that the print edition be in hardcover, you need to say that in your contract and also provide that publication in a print-on-demand edition does not satisfy that requirement. You may also want to specify a minimum initial print run (in the thousands) to assure that there is no attempt by a less than scrupulous publisher to technically fulfill the requirement by a nominal printing.

(Originally published in the Fall 2010/Winter 2011 issue of the Authors Guild Bulletin. © Mark L. Levine)

Answers to questions on this site are general in nature only. You should consult a lawyer for information about a particular situation. For more information about book publishing contracts and issues, see Levine’s book.