Category Archives: Other Terms

Agency Clauses in Publishing Agreements

An agency clause is a paragraph of legalese in your publishing agreement.  It gives your agent the right to collect all royalties (including advances) directly from the publisher.  The agent then deducts her commission from that amount, and sends the remainder to you.  The agency clause isn’t required by your publisher  —  it has no … Continue reading Agency Clauses in Publishing Agreements

Collaboration Agreements

A collaboration agreement is a contract between the authors of a joint work setting forth respective ownership, rights, credits, royalties, expenses, and responsibilities.  If you are collaborating with someone on any significant work – a short story or a novel – you should have a collaboration agreement.  Let’s look at the key issues: Responsibilities.  How … Continue reading Collaboration Agreements

Out of Print Clauses in Publishing Agreements

Your grant or assignment of copyright to your publisher generally is limited only by the out of print clause.   It therefore is critical that “out of print” be defined reasonably, especially now that digital and on-demand publishing can make the literal meaning of the clause obsolete.  Ideally, the definition should be pegged to the publisher’s … Continue reading Out of Print Clauses in Publishing Agreements

Q&A: Arbitration Clauses

Q.  My latest publishing agreement includes an arbitration clause.  Should I accept it? A.  No.  It sounds counter-intuitive, but litigation usually is a better option for authors (and consumers in general) than arbitration.  Arbitration (not to be confused with mediation) is an “alternative” method of dispute resolution.  In general, two disputing parties present their individual … Continue reading Q&A: Arbitration Clauses