Michigan Book Publishing Contract

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Description

A "copyright" offers protection for original works of authorship. Copyright protection affords the author of a copyrighted work with specific rights that the author can give or sell to others or keep for him/herself. The concept of copyright protection in the United States is set forth in the original U.S. Constitution which allows Congress to pass laws that promote and encourage the process of the useful arts.

The word copyright can be defined as a property right in an original work of authorship (such as a literary, musical, artistic, photographic, or film work) fixed in any tangible medium of expression, giving the holder the exclusive right to reproduce, adapt, distribute, perform, and display the work. Copyright protection may be received regarding a wide range of creative, intellectual, or artistic forms or works. These include poems, plays, and other literary works, movies, choreographic works (dances, ballets, etc.), musical compositions, audio recordings, paintings, drawings, sculptures, photographs, radio and television broadcasts. The creator of the work has a limited monopoly on the work and can, with some exceptions, prohibit others from copying or displaying the work. The United States copyright law is contained in Chapters 1 through 8 and 10 through 12 of Title 17 of the United States Code.

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FAQ

To exercise the right of termination, you must serve the grantee, or their successor-in-interest, with formal written notice. The latest notice can be sent is two years before the intended termination date. The earliest a notice of termination can be served is ten years before the termination.

Termination can be proposed by either party, and, once initiated, there is usually a waiting period of six months to a year before the actual agreement is concluded. Reasons for termination vary but most often concern a failure to meet specific contractual obligations.

The royalty split under a publishing deal is usually 50/50, 60/40 or 75/25 (the lower amount going to the publisher), depending on how 'big' the songwriter is; and an advance might be offered, similar to that of a record deal.

The author gives the publisher certain rights over their material for the term of the agreement. These rights are granted only to this publisher and might include the right to publish, communicate, and distribute the published work online and to sublicence.

Assuming all goes well, it could take two to five months to get an offer from a publisher. But an offer is not a deal. Count on another two to three months for negotiations, drawing up a contract, and getting an advance. (An advance is the money a publisher gives you up front.

Book publishing agreements Some of the most essential clauses of a standard (boilerplate) book publishing contract are: Grant of Rights, Subsidiary Rights, Delivery and Acceptance, Publication, Copyright, Advance (if there is any), Royalties, and Out of Print.

Publishing contracts usually state that the author will receive payment in the form of a royalty. The royalty is usually a percentage of the proceeds of sale of the work, or a fixed amount per sale.

Termination Clause. If there isn't a termination clause, you can request to be released. The publisher may grant you this request if they would rather not keep someone under contract who is not happy.

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Michigan Book Publishing Contract