D. If the publisher does not exercise ROFR within 10 days or if the parties do not reach an agreement on the filing of the option within 30 days, the publisher no longer has rights. (Avoid that the publisher has the right to delay the response to the deposit of the option up to 30/60 days after the first publication of the book: in the worst case, the publisher must respond after acceptance of the final manuscript of the first book). Authors and publishers usually have a publishing agreement (sometimes called an author or license agreement) when a work is published. When the book is POD (Print on Demand), the publishing house will provide a physical copy of the book for verification by the author and send the physical proof via USPS Priority Mail to the author`s address. The author must agree to the printing conditions before the publisher can order a physical proof. The agreement will also detail the duration of the agreement and whether or not it can be terminated. An agreement of indefinite duration is valid for an indefinite period until it is terminated. A process should be explained in the agreement on how the agreement can be terminated if the author or publisher so wishes. If the contract is irrevocable, it means that it cannot be terminated. An agreement of irrevocable indefinite duration means that the agreement is permanent and applicable indefinitely. Some agreements have a duration and expire at the end of the period. Upon expiration of the contract, the author is free to enter into another agreement with another party or another publishing house.
Reproduction rights (large circulation, book club, paperback printing, etc.), serial rights (right of publication in newspapers and magazines), anthology and quotation rights, educational rights, audio rights, etc. There is usually a percentage for each right, and this is the author`s share in each company. As a rule, the author receives at least 50% of these agreements and more for serial, American and translation rights. The rights listed in the sub-rights clause should be covered by the opening clause for the grant of rights in order to verify whether they are in conformity. Publishing agreements often have useful titles for each clause, and I`ve used some of these titles here to facilitate reference. It is important to ensure that the author can recover the rights to his book if the publisher does not respect the contractual conditions or lets the book take hold of it. Historically, if the publishing house had sold out a book for 6-9 months after receiving a written question about reproduction, the rights would be withdrawn. However, e-book and print-on-demand formats mean that standard “return of inventory clauses” must no longer offer adequate protection and that new triggers for reversion must be agreed. .
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