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Negotiating Book Publishing Contracts
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Kill Fee
A payment made to the author if the publisher decides not to publish the manuscript after it has been accepted.
Royalty Rate
The percentage of each sale that is paid to the author, usually determined by the type of book and sales channel.
Out-of-Print Clause
Determines when the book is considered out of print and rights can revert to the author.
Warranty and Indemnity
The author's assurance that the work is original and not infringing on others' rights, and the agreement to cover any damages if it does.
Governing Law
The state or country laws that will be used to interpret and enforce the publishing contract.
Author Copies
The number of free copies provided to the author and the discount for purchasing additional copies.
Delivery and Acceptance
The process and criteria by which the author must submit the manuscript and the publisher agrees it is satisfactory.
Subsidiary Rights
Rights to sell the book in other forms such as film, foreign translations, and merchandise.
Option Clause
The publisher's right to consider the author's next work before the author can submit it to other publishers.
Audit Clause
Allows the author to audit the publisher's records to ensure proper royalty payments.
Advance Against Royalties
A payment made to an author before the book is published, which is later deducted from the author's royalties as book sales occur.
Non-compete Clause
Restricts the author from publishing other works that would directly compete with the book during a certain timeline.
Binding Arbitration
A clause that requires disputes to be settled by arbitration rather than through the court system.
Force Majeure
Releases both parties from obligation if an extraordinary event prevents one or both from fulfilling the contract.
Publication Date
The scheduled date when the book will be made available for sale to the public.
Territory
The geographical area where the publisher is granted rights to sell the book.
Grant of Rights
The author's agreement to allow the publisher to use their work in specific ways, such as print, digital, and audio formats.
Moral Rights
Rights retained by authors to protect their personal connection to the work, like the right of attribution and the right of integrity.
Marketing and Publicity Commitment
Details how much promotional effort and budget the publisher will dedicate to the book.
Book Returns
Terms regarding how unsold books can be returned from booksellers to the publisher, potentially impacting author royalties.
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