Author: Don Beckett (---.phx-01.cvx.algx.net)
Date: 06-18-08 13:55
aloha ----
any lawyers reading this? i've signed a book contract with a publisher, and delivered the manuscript ... and now the publisher is claiming the contract says something i don't think it says!
here are the relevant sections:
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1. The Author grants and assigns to the Publisher the sole and exclusive right to print, publish and distribute the Work in book form in the English language throughout the world and the sole and exclusive right to print, publish and distribute the Work in book form in all languages in North America except Turkish and Russian (hereinafter referred to as "the Territory") during the whole term of copyright and any renewals and extensions thereof, and the sole and exclusive right for such term to exercise or authorize the exercise of the other rights to the Work set forth in Paragraph 5 hereof in the Territory.
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5. (d) The Author grants and assigns to the Publisher the right, solely and exclusively, to dispose of, or to license the disposition of, the subsidiary rights in and to the Work described below, and the proceeds received by the Publisher from any such disposition to a third party shall be divided between the Author and the Publisher as specified:
4. Foreign-language publication (including the right to sublicense the other rights granted herein to foreign language publishers) except Turkish.
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the exclusions for Turkish and Russian are because the book has already been published in those languages.
the question is: what are the new publishers rights regarding publication in languages other than English? to me, #1 (above) clearly defines the publisher's "Territory" as the world for publication in English, and as only North America for publication in other languages. And it also specifies that everything in #5 applies to this same "Territory". But the publisher is now claiming that its "Territory" is the entire world, for publications in any language -- and that all negotiations for publishing in foreign languages must go through this publisher, who will then receive 50% of the royalties involved....
if you're a lawyer -- or even a publisher -- please give me your reading on this!!
thanks very much -----
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