Legal Issues in Bood Deals - Quick Recap of Copyright and Book Deal Terms
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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
Notas del editor
- 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