Legal Question in Intellectual Property in Massachusetts

Re: worldwide rights & translations

The English law approach would be that worldwide rights probably does not have any special meaning and therefore it is an issue of construction of the agreement as a whole. I assume that this is not a lawyer drafted agreement where it would be expected that territory, languages and rights granted would be extensively defined. In English practice, translation rights are normally regarded as a subsidiary right and there would need to be both clear words to show that the rights had been granted and clear consideration or payment due for the exploitation of the rights.

Given that custom and practice in publishing relates to volumes I think an English court would construe �worldwide rights� very restrictively unless the author clearly intended to give everything away and he was in an equal bargaining position with the publisher.

Re: worldwide rights & translations

It is going to depend upon what the agreement/contract states. Worldwide rights to what? Is the grant of "worldwide" rights the right to publish that edition worldwide? Does it include a grant of "any and all" rights to publish worldwide?

Merely giving worldwide distribution rights is not enough. You have to find out what rights were given worldwide. You should consult with an attorney who can review the contract and discuss your options.

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