Legal Question in Intellectual Property in France

foreign language cntract for book publishing

An American author signed a contract with a french publisher but the contract langauage was in french, which the author does not read. He requested and English transalation of the contract, that was refused. His french translator (for the MS) advised that this is done all the time, that authors sign foreign langauge contracts. The book, in french translation, was published in France. But, now the french publisher after one year, has failed to fulfill the author's understanding of a contractural committment to obtain an American publisher. The author wishes to obtain an American publisher on his own but does not know how to proceed legally, whether he must first try to break the contract or whether he can just ignore the contract.


Asked on 11/02/02, 10:12 am

1 Answer from Attorneys

Michael Hermann Law Office of Michael Hermann

Re: foreign language cntract for book publishing

A contract under US law requires a "meeting of the minds" to be valid. If the author never read, or could not read the contract, then there was never an "agreement" on those terms. The paper contract is a formal memorialization of what was "decided" and "agreed" upon, usually done verbally and then transposed onto paper. If the paper document is different from what was agreed upon by the parties, the verbal understanding applies. Contract law is a difficult subject, and if the parties were represented by counsel, this would also have a bearing on contract validity.

It boils down to what was the underatanding of the parties, and what rights and obligations does each side have.

Note: The information that the author received was false. Would you buy a house or do anything important involving your legal rights without understanding what you are signing? The failure to provide an English translation should be viewed as a red flag when dealing with other countries. After all, English (and French) is used in virtually all interantional agreements. A basic translation of their contract was deliberately withheld in order to avoid further negotiations. These publishers contracts are usually extremely one-sided, and often provide little in the way of safe-guards for authors.

Consider them in breach, notify them that they are "fired", and then negotiate your own best deal in the US. Good luck.

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Answered on 11/04/02, 11:56 am


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