Watch out for separate statements that, taken together, create a risk of a libel claim. For example, if in a biography of X, you mention that once in high school, X went on a date with Y, who was a victim of child abuse, and Y is never mentioned in the book again, the description of Y as a victim of child abuse is a throwaway. You may need to disguise certain characters in order to reduce the risk of a libel or privacy claim.
Memoirs about abuse or violence present a special challenge: since the events that are most likely to give rise to a defamation or invasion of privacy claim are crucial to the story, the only way to reduce the risk of a claim is to disguise the characters. Choose a name that starts with a different letter, has a different number of syllables, and sounds different. Camouflaging an investment banker as a mortgage banker is probably not enough, but recasting her as a lawyer might work.
If possible, try to set the story somewhere that will prevent readers from identifying the real location—the farther away, the better. Move it to another state entirely. If the book is based on your own experience as opposed to investigative research , make that clear to the reader. The time to obtain a release is when you conduct the interview or take the photo.
Different Types of Writing Contracts
If you wait until the reviewing lawyer says you need it, you may find that even subjects who initially said they would sign releases are no longer willing to do so; or you may find that someone is willing to sign a release only on the condition that you give him the right to approve the sections of the manuscript that mention him. It is important for music authors, producers and publishers to understand the legal rights associated with publishing contracts.
In single song deals, the writer is paid a one-time recoupable advance. The writer's services are exclusive to the music publishers for a specified period of time. Thus, any compositions written within that period belong to the music publisher.
These deals are usually offered to writers with some degree of success. Because the writer has a track record of writing hits, the publisher feels confident that it will recoup its investment. In return for signing away exclusive rights to some or all the writer's songs, the writer gets paid by the publisher a negotiated advance against future royalties.
How To Understand The Book Publishing Landscape
The advance amount naturally depends on the writer's bargaining power and on the competition in marketplace, if any. Under a staff writer deal, the writer is paid on a weekly or quarterly basis. An ESWA can be either tied to a record contract, or independent of a record contract. Under this deal, the songwriter and the music publisher are "co-owners" of the copyrights in the musical compositions. The writer becomes the "co-publisher" i.
In an "admin deal," the songwriter self-publishes and merely licenses songs to the music publisher for a term of years and for an agreed royalty split.
Types of Writing Contracts and How to Approach Them
Only the most popular songwriters can even consider asking for an admin deal. Under this coveted arrangement, ownership of the copyright is usually not transferred to the administrator. And there are minimal requirements, including legal age, which varies from 18 to 21 depending on the State and the so-called Statute of Frauds.
Before signing a book publishing agreement, familiarize yourself with these 13 must-know points. After all, you're your own first and fiercest advocate. For all works published after , the copyright lasts for the life of the author plus 70 years after his or her death. The author, however, has the rights to sell them based on territory North America, Europe, Asia, etc. The author also has the right to sell their work in different formats based on specific licenses, such as dramatic performances, audiobooks, merchandise, reprints, paperbacks, translation rights and first serializations.
For more established authors, a publishing agreement may include the so-called "options and right-of-refusal" clause.
Traditional, Self, and Hybrid Publishing
An "option" refers to a clause in which the publisher is provided with the right to publish the author's next book with identical terms as the previous ones. A "right-of-first-refusal" clause refers to the publisher's rights to negotiate for the second and subsequent titles.
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These provisions should include dates when the proposals will be submitted and the time for review, which can be anywhere from 30 to 60 days. To better protect yourself as the author, make sure that this option can only be exercised if the publisher isn't in a breach of an agreement. The delivery date should be reasonable for the length and the topic of the book.
The date should be precise, so there is no ambiguity. What should be included along with the delivery should also be clear, such as illustrations, photos, charts, tables, and permissions or releases. This acceptance clause provides a means for a publisher to exit the agreement if the submitted manuscript isn't satisfactory. It's like a "kill" clause.
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It can be pretty broad as it depends on the publisher's sole discretion regarding what would make a manuscript is no longer acceptable. This could include that the writing is of poorer quality than expected, that it is less likely to be successful in the market due to recent changes, a worsening financial outlook, or any other reason.
Negotiating Publishing Contracts for Writers
Publishers have some degree of control in the direction their manuscript will take. This being said, as an author, you should be aware of what can and can't be changed. You should ask for a clause in the contract to state that whenever the publisher intends to make any significant changes to the manuscript, they must consult the author and obtain written consent.
Advance payments are negotiable and non-refundable. As an example, half can be delivered on signing, a quarter on delivery of the manuscript, and the balance another quarter on completion. However, each publisher has their own practices and authors should be prepared to bargain. Royalties are also negotiable and differ from publisher to publisher.
For e-books, the royalty rates can be anywhere from 10 percent to 50 percent net. For hardcover books, the royalty rates are around 5 percent to 15 percent, and trade paperbacks from 6 percent to 12 percent.