Legal Spring Logo

"Should I form an Incorporation or an LLC?"
Find out at LegalSpring.com
Reviewing Legal Services Online
 LEGAL SPRING
     


Google
 
Publisher contract and new book edition



"Shrek"
10/31/2004 7:56:50 PM


A few months ago I published my first book through a commercial medium-sized
publisher.
Excited about the opportunity for fame and fortune I didn't spent much time
negotiating my contract with the publisher. As a result, my book copyright
is on the publisher's name. In addition, I have Competing Works clause which
rephrased says that I agree not to write for publication any other book
which covers the same subject and directly competes with my first book
without the publisher's written consent.
My book is a technical book for a software product. Next year (around
summer) a new version of the product will be released and I am thinking of
authoring a new revision of my book. Naturally, the second edition will
build upon the first with explanation about the new product features. In
addition, I am considering switching publishers or self-publishing my second
book.
Do you I have reasons to worry from a legal standpont?
Thank you
 
 
"David Martel"
10/31/2004 9:12:00 PM


Shrek,
You almost certainly can not write a revision of your published work and
take it to another publisher without your current publisher's permission.
Using the title and large amounts of the present text in the revision will
violate the copyright and also breach your contract. If the first book
generates any money hire a lawyer to read your present contract and future
contracts. Try to negotiate for your publisher's permission.
Good luck,
Dave M.
 
 
Paul Robinson
11/7/2004 4:12:25 AM


Shrek wrote:
A few months ago I published my first book through a commercial medium-sized
publisher.
Excited about the opportunity for fame and fortune I didn't spent much time
negotiating my contract with the publisher.
And you got screwed, as is typical for someone who accepts a publishing
contract as-is.
It is said that one should always ask for something to be changed if for
no other reason than to let them know you're not willing to be treated
as just legal boilerplate.
As a result, my book copyright is on the publisher's name.
There is never any legitimate reason for the publisher to be the named
copyright owner unless the work was done as a work for hire. This is
the sort of "screw the artist" crapola that phonorecord manufacturers
have gotten away with for years.
In addition, I have Competing Works clause which rephrased says that
I agree not to write for publication any other book which covers
the same subject and directly competes with my first book
without the publisher's written consent.
You'll probably have to submit the new book to them first. You should
have insisted on, at most, a "right of first refusal" which means either
they accept the book or reject it within some reasonable period of time
but if they reject it you can then peddle it elsewhere.
Be sure you're aware of this for your next contract.
 
 
Report this post for offensive content


site map |  disclaimer |  privacy
All Rights Reserved, Legal Spring, Inc. 2004