Kamis, 02 Oktober 2003

Draft Your Ain Epitaph

was reviewing a mass publishing contract yesterday for a friend who, unable to afford a existent lawyer, gets all his legal advice from a fictional cat. He was real excited most beingness offered the contract for this, his showtime novel, exactly he was likewise worried. Was he going to sign away the fruits of several years' toil too detect he had picayune or null to present for it inwards return?

Perusing the price of the contract, the IPKat got the unmistakeable impression that it had non been drafted yesteryear a squad of legal beagles. Indeed, it resembled a patchwork quilt of boilerplate legal clauses cemented together amongst a few samples of homegrown draftsmanship. There was no formal assignment of copyright to the publisher; nor was at that spot fifty-fifty an exclusive licence. But the writer was required to extend to the publisher null to a greater extent than than "the correct to publish" the new inwards Europe too release too the correct "to exploit the manuscript inwards whatever other class too locale".

This classify of drafting gives the publisher null to a greater extent than than a non-exclusive correct to publish. It likewise appears to confer a correct to release the master copy manuscript rather than the literary function it contains. The term "Europe" is dreadfully imprecise: is it a geographical, economic, political or cultural concept? And what entitlement does the correct to release inwards a "locale" genuinely confer upon the publisher?

If the mass fails to sell, no-one volition suffer. But if it becomes a raging success, the IPKat is for sure that from this clause at that spot volition sprout a veritable cornucopia of litigation. Sometimes going to a lawyer, or at to the lowest degree reading a police book, isn't such a real terrible option.

Problems amongst publishing contracts here and here
How to understand, explain and negotiate your ain publishing contracts
Publish your ain mass here, here or here


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