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Negotiating Book Publishing Contracts

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Kill Fee

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A payment made to the author if the publisher decides not to publish the manuscript after it has been accepted.

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Royalty Rate

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The percentage of each sale that is paid to the author, usually determined by the type of book and sales channel.

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Out-of-Print Clause

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Determines when the book is considered out of print and rights can revert to the author.

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Warranty and Indemnity

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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.

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Governing Law

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The state or country laws that will be used to interpret and enforce the publishing contract.

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Author Copies

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The number of free copies provided to the author and the discount for purchasing additional copies.

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Delivery and Acceptance

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The process and criteria by which the author must submit the manuscript and the publisher agrees it is satisfactory.

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Subsidiary Rights

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Rights to sell the book in other forms such as film, foreign translations, and merchandise.

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Option Clause

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The publisher's right to consider the author's next work before the author can submit it to other publishers.

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Audit Clause

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Allows the author to audit the publisher's records to ensure proper royalty payments.

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Advance Against Royalties

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A payment made to an author before the book is published, which is later deducted from the author's royalties as book sales occur.

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Non-compete Clause

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Restricts the author from publishing other works that would directly compete with the book during a certain timeline.

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Binding Arbitration

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A clause that requires disputes to be settled by arbitration rather than through the court system.

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Force Majeure

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Releases both parties from obligation if an extraordinary event prevents one or both from fulfilling the contract.

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Publication Date

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The scheduled date when the book will be made available for sale to the public.

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Territory

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The geographical area where the publisher is granted rights to sell the book.

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Grant of Rights

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The author's agreement to allow the publisher to use their work in specific ways, such as print, digital, and audio formats.

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Moral Rights

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Rights retained by authors to protect their personal connection to the work, like the right of attribution and the right of integrity.

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Marketing and Publicity Commitment

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Details how much promotional effort and budget the publisher will dedicate to the book.

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Book Returns

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Terms regarding how unsold books can be returned from booksellers to the publisher, potentially impacting author royalties.

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