Publishing Contracts

What is the difference between exclusive and non-exclusive rights?

An exclusive license means only that specific publisher can print your book; even you cannot publish it elsewhere. A non-exclusive license allows you to grant publishing rights to multiple publishers simultaneously.

Does a publishing contract cover e-books and audiobooks?

Not automatically. These are separate rights. You should explicitly state in the contract whether you are transferring digital rights. If not mentioned, you retain the right to sell e-books independently.

How can I verify if the publisher is reporting correct sales?

Your contract should include an "Audit Clause." This gives you the right to hire an independent accountant to inspect the publisher's financial records regarding your book's sales and stock.

What happens to unsold books when the contract ends?

Usually, the publisher has a "sell-off period" (e.g., 6 months) to sell remaining stock. After that, they must either destroy the copies or offer the author the option to purchase them at a discount.

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Publishing Contract Drafting and Legal Analysis in Georgia

Publishing is one of the oldest and most significant forms of intellectual property commercialization. The relationship between an author and a publisher is often complex, requiring a balance between creative freedom and business interests. A well-drafted publishing contract is a guarantee that the author receives fair royalties, while the publisher can distribute the work without hindrance. In Georgia, parties often use general templates, leading to disputes over the scope of rights transfer, territory, and duration. Professional legal assistance at this stage is critical.

Legal.ge offers qualified lawyers specializing in copyright and publishing law. Through our platform, you will find attorneys to help draft publishing contracts, audit existing agreements, and conduct negotiations. Our goal is to protect the interests of both authors (writers, translators, illustrators) and publishing houses.

What Does Publishing Contracts Service Cover?

Our publishing contract service covers all key aspects necessary for successful cooperation:

  • Rights Transfer Definition: Exclusive or non-exclusive license? Are e-book and audiobook rights included?
  • Royalty Structuring: Advance amount, percentage from sales, reporting frequency, and payment terms.
  • Territorial and Time Restrictions: Does the license cover only Georgia or the world? How long does the publisher have rights to distribute the work?
  • Scope of Editorial Intervention: Rights regarding text editing, cover design approval, and title changes.
  • Remainder Sales: What happens to the remaining stock after the contract expires.
  • Subsidiary Rights: Managing translation, screen adaptation, or merchandising rights and revenue sharing.

Common Situations and Scenarios

A typical scenario involves e-book rights. An author signed a contract 10 years ago when e-books were not popular. The publisher started selling the e-book, but the author receives no royalties because this clause is vague in the contract. A lawyer helps parties update the agreement or resolve the dispute.

Another scenario is a circulation audit. The author suspects the publisher is hiding actual sales. A correctly drafted contract must include an "audit right," allowing the author to inspect the publisher's accounting. Legal.ge specialists ensure this mechanism is included in the contract.

Georgian Legislation and Legal Framework

Publishing relations are regulated by the Law on Copyright and Related Rights and the Civil Code of Georgia. The law defines the author's economic and moral rights. It is important to know that moral rights (right to name, integrity of the work) are inalienable, while economic rights transfer must be in written form.

Process of Receiving Services

The process begins with analyzing the client's needs. If you are an author, a lawyer will review the publisher's draft and point out risks (e.g., low royalty, excessive duration). If you are a publisher, we will prepare a standard contract protecting your investment. During negotiations, the lawyer ensures the best terms are achieved. After signing, we also offer contract performance monitoring.

Protect your intellectual labor and business with a professionally drafted contract via Legal.ge.

Why Choose a Specialist on Legal.ge?

Publishing law is a specific field requiring not only legal knowledge but also an understanding of the book market. Legal.ge gives you access to experts experienced in working with both local and international publishing houses.

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