A quick look at how to protect the copyright in your book; how long copyright lasts; and the bundle of rights a book publisher might want to license. The basic copyright information applies to books, blog posts, paintings, sculptures, software - anything that is an original work fixed into a tangible medium of expression.
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Legal Issues in Bood Deals - Quick Recap of Copyright and Book Deal Terms
1. Legal Issues In Book Deals
Tamera H. Bennett
Attorney & Mediator
2. What Is Copyright?
Idea – can I protect my idea for a book?
Expression – can I protect what I’ve written?
3. Who Owns The Copyright in My Book?
Author – unless there is a written agreement
saying something different.
4. How Do I Register The Copyright?
www.copyright.gov
Use the online “eCO” system
5. How Long Does My Copyright Last?
Life of author plus 70 years (published or written on
or after January 1, 1978)
95 years after publication date (published between
1923 and 1977)
6. 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.
7. When Will I Get Paid?
• Advance –
• Quarterly –
• 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. Bennett Law Office, PC
132 West Main St
Lewisville, TX 75057
972-436-8141
tbennettlaw.com
createprotect.com (blog)
entertainmentlawupdate.com (podcast)
Bennett Law Office PC -Tamera Bennett
/in/tamerabennett
/tamerabennett
Notes de l'éditeur
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
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
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
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
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
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
E-books / Audio Books
The number of Americans ages 16 and older who own tablet computers has grown to 35%, and the share who have e-reading devices like Kindles and Nooks has grown to 24%. Overall, the number of people who have a tablet or an e-book reader among those 16 and older now stands at 43%.
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