Legal Question in Intellectual Property in Ohio

author-publishing agreement

what is the normal asking price to sell a fiction novel? If under contract to a publisher how can I find out if they're honest about how many copies sold other than an accounting? even if under a publishing agreement is it lawful for a publisher to start advertising your next novel without signing a new agreement or giving consent to do so if I retain first right to where, when and how I wish to introduce it to the public? Would this be a material breach? I feel my publisher has withheld royalties and lied about actual book printings. I do not have money for an accounting. do you have any other advice?


Asked on 3/25/07, 10:31 am

2 Answers from Attorneys

David Anderson Anderson Business Law LLC

Re: author-publishing agreement

Your written contract governs, and should be negotiated by an experienced attorney, who is also sometimes a literary agent. There is no "normal". Some authors are paid only when sales occur (royalties) and some are given multi-million dollar advances and guaranteed payouts.

If this is important to you, you should take steps NOW to protect yourself from getting ripped off. You can be SURE that the publisher has legal counsel working for them.

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Answered on 3/25/07, 1:11 pm
Steven Mark Steven Paul Mark, Attorney at Law

Re: author-publishing agreement

As David Anderson states, your agreement will govern. You should have a right to audit the publisher's books and records. Your agreement may include a "next work" provision giving the publisher certain rights to your next work but advertising in advance of a title and in the face of, as you say, having the first right to where, when, etc. is unusual at best and may be a breach of contract, at worst. Run, don't walk to an experienced attorney. I disagree with David Anderson about finding a lawyer who is also a literary agent as that invites conflicts of interest and possible ethical compromises. I am handling a case like that right now. If you don't already have an attorney and wish to discuss, please feel free to contact me.

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Answered on 3/25/07, 10:22 pm


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