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Consequences of an Unsatisfactory Manuscript

Co-author, Gerald M. Levine The traditional publishing process begins with an editor’s enthusiastic response to an author’s outline, proposal, and sample chapter, followed by an offer and contract from the publisher.  Once the contract is signed the focus shifts to the quality of the final manuscript. The publishing contract includes a “d & a” (abbreviation […]

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Exclusive Rights for Exploiting Literary Works

Co-author, Gerald M. Levine Publishers expect and demand exclusive rights for exploiting literary works. When lawyers talk about “standard” clauses and courts refer to publishing contracts as “standard agreements” it is not to suggest that there is a standard form such as we expect for certain real estate transactions. What we mean by “standard” is […]

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Paying Authors for Their Work

Co-author Gerad M. Levine Whether money is the motive for writing – “[n]o man but a blockhead ever wrote, except for money” (Samuel Johnson) – or only one of the rewards for those lonely hours of composition, how does the author get paid? Before she reaches the “royalties” clause in her publishing contract she has […]

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Licensing Work for a Collection

Co-author Gerald M. Levine Including a work in a collection or compilation depends on who owns the copyright and the licensing terms if the work is owned by the author. Compilations of like works or genres may be a goal eagerly sought by authors. Collections may be under a publisher’s control.  Internet compilations may be […]

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Preparing for Reversion at Contract Inception

Co-author Gerald M. Levine Publishers typically offer an unsatisfactory reversion of rights clause so it is prudent to negotiate for an even playing field on this issue. Assuring author has a genuine right of reversion in the event her work goes out of print must be a high priority, particularly in an electronic environment where […]

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Pitfalls for Self Publishing Authors

There are publishers in the traditional sense who curate the books they publish and there are companies that provide printing services for self publishing authors without curation who pretend to be traditional publishers. Be wary of printing contracts styled as publishing contracts. The business models are entirely different. Printing contracts can be misleading in describing […]

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Copyright Protection Extends to Expressive Material

Co-author Gerald M. Levine Copyright protection extends to expressive material. Strings of effectively arranged letters, words, phrases, clauses, sentences and paragraphs are the essence of expression. They are owned by the author who creates them and protected by copyright law, although infringements are not actionable unless the work is registered with the Copyright Office. If […]

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