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What is an “earn-out bonus”?

Q. What is an “earn-out bonus”? A. An “earn-out bonus” is an additional advance against royalties that is paid only if the total amount of royalties and subsidiary rights income payable to the author...

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What does “net” mean in the royalties and subsidiary rights sections?

Q. My publishing contract doesn’t define “net.” It’s used in both the royalties and subsidiary rights sections. What does it mean? A. “Net” is one of the worst terms for authors to leave undefined in a...

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Why is my book being published only as an e-book?

Q. I have licensed both print and e-book rights to my publisher. Are they obligated to publish the book in both editions? A. Only if your contract says so. Prudent authors will provide that simply...

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What kind of hyperlinks can my publisher insert in my e-book?

Q. I’m granting e-book rights, but not other electronic rights, to my publisher and I have been very specific in saying that the publisher can’t make any changes to the text or illustrations. The...

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Is there a standard definition of “electronic rights”?

Q. Is there a standard definition of “electronic rights”? A. No, not for “electronic rights” nor for the many different rights encompassed in that term. (Some contracts use “multimedia rights” instead...

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Can my publisher cheat me of my royalties by selling my book through its...

Q. Royalties on two textbooks I wrote are being watered down because my 1980s contracts didn’t anticipate sales of e-textbooks or rentals of my textbooks in regular and digital formats. More...

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Are e-books sold or licensed when bought online?

Q. My publisher wants to include this sentence in my new contract: ”Sales of e-books, whether by Publisher or by a licensee, shall be considered sales by Publisher for purposes of the royalty...

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When should the option period for my next book start?

Q. I’m okay with the provision in my new contract giving the publisher 60 days to tell me if it’s interested in publishing my next (as yet unwritten) book. I’m not sure, however, when it’s appropriate...

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Can someone else revise my book?

Q. The contract for my new nonfiction book has a revision clause that says that if I don’t revise the book, the publisher can choose the reviser and pay the person from amounts that would otherwise be...

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Are print-on-demand books considered print-on-paper or electronic editions?

Q. Are print-on-demand books considered print-on-paper or electronic editions? A. They are generally considered print-on-paper (“POP”) books, but there are arguments on both sides. Favoring their...

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What should I watch out for in the “competitive books” clause?

Q. Is there anything I have to be particularly careful about in the “competitive books” clause? A. Yes. Lots. The most important is to make sure that the prohibition on competitive works applies only...

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Does an e-book edition mean that my book never goes out of print and rights...

Q. Both my publishers are telling me that my books will never go out of print because electronic and print-on-demand editions will always be available. Is there any way to deal with these claims? A....

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Do the bankruptcy laws abuse authors’ rights?

Q. The bankruptcy of Triskelion Enterprises, LLC, to which I had sold a romance, has brought to light an outrageous abuse of authors’ rights by federal bankruptcy judges. Many publishing contracts—I’ve...

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Can I sue my publisher?

Q. My contract for a medical how-to book has a clause which grants me full cover approval. I designed the cover, which includes powerful back cover endorsements from prominent doctors. When it came out...

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How much material can I use from one of my earlier books?

Q. I currently have two manuscripts that I am trying to place. One is a collection of essays, the other a memoir. The collection includes an essay called “Relief.” The memoir grew out of this essay,...

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Can my publisher stop paying me royalties because its distributor went bankrupt?

Q: My publisher told me that I won’t be getting royalties for copies of my book that it sold lately because all its bookstore sales were made through its distributor and the distributor recently filed...

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Do I have cover approval for the paperback edition of my hardcover book?

Q. My contract grants me cover approval but the paperback publisher never sent me the cover to look at. It’s totally different from the dust jacket on the hardcover, which was fabulous. I’m told that...

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Can I sue my publisher in the state I live in or must I sue it where it’s...

Q. I am thinking of suing my publisher. It’s located in Florida, and the contract says that it’s governed by Florida law. I live in New York. Do I have to sue the publisher in Florida or can I sue it...

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Can I sue my publisher? What about the company that bought foreign rights?

Q. My contract for a medical how-to book has a clause which grants me full cover approval. I designed the cover, which includes powerful back cover endorsements from prominent doctors. When it came out...

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What if my publisher loses my artwork?

Q. I write and illustrate children’s books. My contracts say that the publisher is “not responsible for the loss or damage of any material” submitted by me. That’s okay for my manuscript since I have a...

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Should I agree to a clause that says I can only sue the publisher where it’s...

Q. I am considering signing a contract directly with an overseas publisher, but it refuses to change the clause that says any lawsuits —whether brought by it or me— must be conducted exclusively in its...

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Can I change the agent’s clause in the proposed contract my publisher just...

Q.  Can I change the agent’s clause in the proposed contract my publisher just sent me? A.  You certainly can. The clause most publishers include in your contract is one that your agent has given them....

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How Much Should I Pay for My Remaindered Books?

Q. My publisher is remaindering the trade paperback edition of my book but intends to keep the hardcover edition in print until all of its hardcover copies are sold. It is offering to sell me copies of...

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Why Didn’t My Publisher List the Titles of My Other Books in My New Book?

Q. I notice that the listing in books of other books by the same author often includes only other books published by the same publisher. Is there a way to avoid that? A. If you want to make sure that...

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Should My Royalties Be Reduced When E-Books are Sold at Large Discounts?

Q. Should the typical provisions about reduced royalties on copies sold at high discounts apply to e-books? Answer: No. Unlike print-on-paper books, where each copy sold at a deep discount represents...

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Can I Get Approval Rights for the Cover’s Design?

Q. How typical is it to get approval in a contract for the design of the book’s cover? A. It is extremely difficult—generally nigh to impossible—to get a provision in your contract giving you approval...

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What Does “Coupled with an Interest” Mean?

Q. What does “coupled with an interest” mean? The phrase is used in the agency section of my contract. A. This phrase is a confusing one, and I’m willing to wager that most agents who have it in their...

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Do “Print-on-Demand” Editions Keep a Book in Print Forever?

Q. Is a book out of print if it is available only in a POD (print-on-demand) edition? A. Unfortunately, the answer to your question in large part depends on how “out of print” or “in print” is defined...

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What are “derivative rights”? Should I grant them to my publisher?

Q. My publisher just sent me its new contract for my next book. Among the rights I’m being asked to grant are “derivative rights” in my book. The term is not defined in the contract but my editor tells...

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Should I set up a corporation?

Q. I recently set up a one-person corporation and assigned all my copyrights to it. Can the corporation sign my next publishing contract so I could avoid personal liability in the event of a lawsuit...

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