Legal Question in Intellectual Property in Pennsylvania

permitted assigns- book contract

Is this statement inmy best intersts as an author? Who is included in, or what is meant by the phrase ''permitted assigns'' in a contract with a book publisher, in the following statement:

This agreement may be assigned by any party herreto; Provided, however, that no individual shal be permitted to assign any fractional interest or any personal obligation under this agreement; and Provided further that the Author may not, except with the Publisher's prior written approval, assign any right under this agreement, prior topublication of the work.. This agreement shall be binding upon the heirs, executors, administrators, legal representaties, and permitted assigns of the Author, and upon the successors and assigns of the Publisher.:


Asked on 3/04/09, 11:09 am

1 Answer from Attorneys
Gerry Elman Elman Technology Law, P.C.

Re: permitted assigns- book contract

This statement relates to the power of each party (publisher and author) to transfer, that is, to "assign" the rights and obligations of the contract to someone else (known as an "assign" or "assignee").

A "permitted assign" of the author would be anyone who is assigned the rights and obligations of the author, subject to permission from the publisher (which permission may be expressed in the contract or may come afterwards).

Note that this posting is general discussion not legal advice. Such advice could be given only after an attorney-client relationship is established and a complete copy of the book contract is reviewed.

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Answered on 3/04/09, 11:51 am


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