Publishing Contracts under the Copyright Law
A publishing contract combines several regimes at once, and this is exactly why it becomes disputed: the publisher's exclusive rights over collective and periodical publications (Article 14); the commissioning rules — who creates, who accepts and who pays (Article 43); the licence terms — what must be said in the contract (Article 40); and the form — written, with one exception (Article 42). This page explains all four blocks from both the publisher's and the author's perspective.
The Publisher's Exclusive Rights — Article 14
The publishers of encyclopaedias, encyclopaedic dictionaries, scientific works, periodical and continuing collections, newspapers, magazines and other periodicals hold the exclusive right to use the works contained in those publications. The publisher may indicate his name on any use or demand its indication. The use of a work contained in a periodical by another person without the consent of the publisher or the author is impermissible, save for the cases provided by the law; and where exclusive material published in the press is used by another medium, the medium of first publication must be cited. Meanwhile the authors of the works contained in these publications retain the exclusive right to use their own works unless the author's contract provides otherwise — this balance is the centre of negotiating a publishing contract.
The Commission — Article 43
Under a work-creation contract the author undertakes to create a work according to the terms and transfer it to the commissioning party, while the latter accepts the work and pays the author a royalty. The author creates personally unless the contract provides otherwise, and the involvement of another person is admissible only with the commissioning party's consent. The commissioning party must examine the work as soon as the term arrives and notify the author in writing of acceptance, rejection or corrections; if no written notice is sent within the term, the work is deemed accepted.
The royalty-related anchor rules: the procedure, term and amount of the advance are defined by the contract. Void is a clause restricting the author's right to create, in the future, a work on a defined topic or in a defined field, and the subject of the contract cannot be the transfer of rights in a work to be created in the future. The economic rights in a commissioned work belong to the commissioning party unless the contract provides otherwise — for the author it is therefore decisive whether to part with the economic rights, and at what royalty.
The Licence Terms — Article 40
A licence contract must provide: a precise description of the work — title, volume, genre; the specific manner of use; the term and territory of the contract; the amount of the royalty or the method of its determination for each manner of use, with the procedure and deadline of payment; and other terms the parties deem material. Whatever is not directly provided belongs to the author: the right of use in every manner not included in the contract remains with him. A contract concluded without a term may be terminated by the author after 3 years, with written notice to the licensee 6 months in advance; without a territory it operates only in Georgia; rights may be passed on to others only if directly provided; and with a fixed royalty for reproduction, a maximum print run must be set.
The Form — Article 42
Contracts of transfer, creation and licence are concluded in writing. One exception exists: a licence for the use of a work in periodical print publications may be concluded orally — which is why, in relations with periodicals, the author prefers extra caution and keeps a confirmed text.
Further rules of the creation contract matter in practice: the author creates personally, with others involved only by the commissioner's consent; the commissioner examines the work in due time and gives written notice of acceptance, rejection or needed corrections — absent a written notice, the work is deemed accepted. The advance amount, term and payment procedure are set by the contract.
Frequently Asked Questions
Below we answer the questions most frequently raised about publishing contracts.
Who keeps the right to an article published in a magazine?
The publisher holds the exclusive right to use the works in the publication, but the author retains the right to his own work unless the contract provides otherwise.
What if the editorial office does not respond?
If no written notice is sent within the contractual term, the work is deemed accepted and the royalty obligation arises.
Can I terminate a contract without a term?
Yes — a licence concluded without a term may be terminated by the author after 3 years, with written notice to the licensee 6 months in advance.
Why does the written form matter?
Because transfer, creation and licence contracts are concluded in writing, and only a licence for periodical print may be oral.
How We Help on Legal.ge
The language of a publishing contract decides the outcome: what remains with the author, what belongs to the publisher, and when the royalty claim arises. The specialists at Legal.ge will explain Articles 14, 43, 40 and 42, assess your contract, and help with signing or with a dispute. Contact us through the Legal.ge form.