How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ely Your Own Question

Ely
Ely, Lawyer
Category: US Law
Satisfied Customers: 101324
Experience:  Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your US Law Question Here...
Ely is online now

Intellectual property law and publishing contract specialist

Customer Question

Intellectual property law and publishing contract specialist needed to answer a question. I am in the middle of having a contract drawn up between myself and a publisher, I need some help on understanding/interpreting some of the clauses and possible pitfalls for future rights to my own copyrights etc. I have an outline which is being used to draft the initial contract. Thanks.
Submitted: 11 months ago.
Category: US Law
Expert:  Ely replied 11 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. What specific verbiage are you asking about? This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 11 months ago.
Hi Ely, thanks for your info request - sorry I am not familiar with the term verbiage? But, to put things into context, it is a publishing contract that is being drafted for an illustration book. I have a clause which wil be drafted into the contract which reads: Here is the clause:"If the Work is no longer available in a hardback, paperback or electronic
book edition issued or authorised by the Publisher the Illustrator may
give 6 (six) months’ notice in writing to the Publisher to make the Work
available. In the event of the Publisher’s failure to make the Work
available in a hardback, paperback or electronic book edition all the
Publisher’s rights in the Work (but not those deriving from any option on
future work as agreed in the Publication Specification) shall upon
expiration of the said notice determine without prejudice to all rights of
the Publisher and any third party in respect of any agreement properly
entered into by the Publisher hereunder with any such party for which the
Publisher shall still be entitled to receive their share of the income."
Can anyone summarize this for me to understand and is there any situation where this might be un-favourable to me? Thanks, Chris.
Expert:  Ely replied 11 months ago.
No worries. What I am going to do is to provide the above in simple English, i.e. non-legalese. If/once the book is no longer available in print or electronic form by the Publisher, the Illustrator, can give 6 months notice to the Publisher asking to make the book available in print or electronic form. If so, and if the Publisher fails to publish the book in the form requested in 6 months from the request, then the Publisher’s rights in the book shall expire (i.e. be voided). There are some exceptions and nuance that have not been included in the summary, however. Whether or not this is unfavorable to you or not, I cannot say, since I do not know the situation, I am afraid. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Ely, Lawyer
Category: US Law
Satisfied Customers: 101324
Experience: Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and other US Law Specialists are ready to help you
Customer: replied 11 months ago.
Thanks Aaron, I could understand the first part, but it's the nuances you described which I am trying to get to grips with. Could you summarize the nuances in the same way If possible please? Thanks again.
Expert:  Ely replied 11 months ago.
I can try but the problem is that the nuances are in legalese, and that is pretty much the best way to summarize it. If/once the book is no longer available in print or electronic form by the Publisher, the Illustrator, can give 6 months notice to the Publisher asking to make the book available in print or electronic form. If so, and if the Publisher fails to publish the book in the form requested in 6 months from the request, then the Publisher’s rights in the book shall expire (i.e. be voided). However, the Publisher's interest is voided only as far as the Publication Specification specifies. So he may have some interest left. Also any party that may have a claim in interest as well related to the Publisher does not have their interest extinguished by the Publisher's right being extinguished.
Customer: replied 11 months ago.
Okay thanks Ely, that makes a bit more sense to me now. I have a memo - which outlines the different territories and percentages - as I am negotiating a geared royalty contract. But I am interested in the merchandising of my images as the publisher is primarily a book publisher and would have little or no interest in say producing a calendar or stationery for example. Would somebody be able to look at this memo and give it a once over? Thanks.
Expert:  Ely replied 11 months ago.
You are most welcome. I am afraid that this may require another thread as this is much beyond the scope of the original question.

What Customers are Saying:

 
 
 
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.
< Previous | Next >
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Ely

    Lawyer

    Satisfied Customers:

    35
    Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Lawyer

    Satisfied Customers:

    35
    Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/EN/enmartin/2015-3-3_20197_a.64x64.jpg Guillermo Senmartin's Avatar

    Guillermo Senmartin

    Attorney At Law

    Satisfied Customers:

    27351
    Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
  • http://ww2.justanswer.com/uploads/ZO/ZoeyJD/2014-6-19_11019_14.64x64.jpg Zoey, JD's Avatar

    Zoey, JD

    Criminal Defense Lawyer

    Satisfied Customers:

    53
    Over 20 years of high volume criminal defense work,including all aspects of a case from arraignment to plea or trial.
  • http://ww2.justanswer.com/uploads/JO/JoseMagadan/2013-6-27_16279_IMG6290copia.64x64.JPG José M.'s Avatar

    José M.

    Attorney

    Satisfied Customers:

    21
    Spanish Attorney
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
 
 
 

Related US Law Questions