Monday 27 August 2018

CHECK YOUR CONTRACTS


Contract checklist (per Australian Society of Authors  -- ASA)

Before you sign, make sure you understand the implications of these clauses

Where your publisher offers their standard contract, check that it:
    • Has a firm date for publication
    • Has rising royalties, paid on recommended retail price, not net receipts
    • Gives approximate price and minimum print run
    • Has a revision clause
    • Binds the publisher to show you proofs
    • Defines responsibility for the cost of illustrations, indexing, photographs and so on
    • Has at least two accounting periods per year
    • Makes the publisher responsible for the loss of manuscript or book stocks
    • Has an effective termination clause.
Check also that it does not:
    • Assign copyright to the publisher
    • Assign digital/electronic rights to the publisher
    • Allow alterations without your consent
    • Allow royalties calculated on the price of sheets sold
    • Allow overstock or remainder sales within two years
    • Set a price for future Book Club sales
    • Take a share (other than agent’s commission) of non-print rights
    • Hold reserves beyond the second accounting date
    • Ask extended rights such as overseas rights without proof of ability to exploit them
    • Purport to assign or waive your moral rights
    • Include a consent to an act which otherwise would be a breach of your moral rights.
From Barbara Jefferis, Rob Pullen and Lynne Spender Australian Book Contracts 3rd edition (Keesing Press).



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