Could Be Worse Clause for Literary Authors

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[The fee] buys first-time rights to a story. The story may be used in [magazine A], or any editions of the magazines owned by [publisher], which include [magazine B] in [magazine C],in [magazine D], in [magazine D] and [magazine E]. The story may be published on the web sites of any publication for up to one year after initial publication. It will be stored in the web sites archives, unless other arrangements are made specifically with the editor.

This is a contract for publication of a story in a general-circulation magazine. The scope of "first-time rights" is unclear. It would cover first publication in one of the publisher's magazines, but it might also cover initial or subsequent publication in more than one of the publisher's magazines. It does not appear that the publisher is committing to publish the story in a particular magazine. If the magazines enjoy different levels of prestige, there is no guarantee that the story will appear in the high prestige publication rather than a lower prestige one. The author retains all other rights, including publication in or adaptation for other media .

The last clause is a grant back clause which gives the author rights that have been previously taken away. In this case, it allows the author to regain all rights in the work but this grant back is non-exclusive meaning the publisher retains the right to publish the work, including online.

Pursuant to this Agreement, Contractor grants The [publisher] in our circulation area first publication rights to the Material, and grants The [publisher] an irrevocable, paid up, worldwide, transferable, license in perpetuity to copy, distribute, display, publicly perform, and create derivative works of the Material, including a license to redistribute, reproduce, republish, and to authorize republication, reproduction and syndication of all or part of the Material in print, in any microform media, in any database, or in any other media (computer, electronic, optical, video, CD-ROM, or otherwise) or form, now known or hereafter invented. This license shall be exclusive for ninety (90) days from the date of first publication of the Material by The [publisher]; thereafter this license shall be non-exclusive, unless mutually agreed otherwise in writing.

This is a contract for a nationally-known newspaper. This clause gives the publisher the right to publish the work in any format, anywhere in the world, forever - including the right to edit the work and create derivative works. It also entitles the publisher to give any and all of those rights to anyone else. For 90 days following first publication, the publisher enjoys these rights exclusively. After 90 days, the rights become non exclusive, which means that the author can exercise the same rights, too. Both the author and the publisher can exploit the work without getting the other's approval (or paying for it).

Termination:

16(a) In the event that the Work shall at any time be out of print, the Author may give notice thereof to the Publisher and in such event the Publisher shall declare within 60 days, in writing, whether it intends to keep the Work available for sale. The term "out of print" is defined as being unavailable in any of the formats specified [previously] in this Agreement.[These include, but are not limited to, hardcover, anthologies, book club editions, translations and motion picture rights.] If the Publisher declares its intention to return the book to print, it shall act not later than six (6) months from the date of such notice. If within 60 days the Publisher does not declare in writing that it intends to keep the Work available for sale, then this Agreement shall terminate and all rights granted hereunder shall revert to the Author by way of a written reversion letter, together with any existing property originally furnished by the Author.

Clause Type:

For:

  • Literary Authors

link to this example

This is an Out of Print clause. It allows the author of the literary work to terminate her contract with her publisher and get her rights back if the publisher is no longer publishing the work. However, the definition of what it means for the work to be considered "out of print" is quite broad. As long as the publisher is making the work available in any one format, the work will not be considered "out of print." Even if the work is not available in any format, the publisher, once notified by the author, has 60 days to declare its intention to make the work available again. If the publisher does not make that declaration, or if it does, but then fails in fact to make the work available within six months, then the rights revert to the author.