South Dakota Electronic Publishing Agreement

• Category: Technology - Computers and Internet
• State: Multi-State
• Control #: US-0072BG
• Format: Word; Rich Text

Description

The key elements in an electronic licensing agreement are similar to traditional licensing arrangements. When licensing rights to third parties to create and distribute electronic rights, the key issues are what platform (hardware or operating systems) or markets the work is being licensed for. Also, the agreement must address the territorial scope, length of the license term and compensation. Keep in mind that any of the exclusive rights that make up a copyright can be owned separately by one or more people. Just think about the way books are marketed. Besides hardcover rights, there are trade paperback, mass market and reprint rights. These are, in essence, different platforms. Each right is, as a rule, sold piecemeal to one or more publishers to maximize the author's return. Since digital technology (and business practice) is constantly changing, publishers should be reluctant to grant broad rights, too. If they are granted, it should be for a substantial fee and with restrictions attached. As a rule, titles are prepared for specific platforms (e.g., IBM or Macintosh compatible machines). Some licenses may contain a right of first negotiation for unsecured platforms, or an option under which the licensee obtains the right for a specific time to option further platforms rights. As a licensor, your goal is to grant limited licenses for limited durations for maximum compensation. The royalties and fees you receive will vary depending the terms of the deal. Remember, a license can cover the entire scope of copyright, or be limited to a particular media, market, language, territory or period.