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Publishing Agreements

Do I keep my copyright if I sign with a publisher?

Yes, typically you license specific rights (e.g., to print and sell) to the publisher for a set time, but you retain the actual copyright ownership unless you explicitly assign it away.

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

Exclusive means only that publisher can print your book. Non-exclusive means you can also let other publishers print it or publish it yourself simultaneously.

Can I terminate the contract if the book goes out of print?

A well-drafted contract should have a "reversion of rights" clause, allowing you to take back your rights if the publisher stops selling or reprinting the book.

Are verbal publishing agreements valid in Georgia?

No, the Law on Copyright specifically requires that agreements regarding the transfer of property rights must be in writing to be valid.

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Publishing agreements represent a specific segment of intellectual property law that regulates the relationship between an author and a publisher. This is a fundamental document that determines the fate of a work, the author's royalties, and the publisher's rights. With the development of the book market in Georgia, the demand for qualified legal assistance to protect the interests of both authors and publishers is growing. An incorrectly drafted contract can deprive an author of rights to their own work for years or create financial risks for the publisher. Within the scope of this service, specialists provide drafting, auditing, and negotiation of copyright agreements, taking all details into account.

What Does the Publishing Agreements Service Cover?

This service focuses on perfecting the contract text and balancing the rights of the parties. Lawyers offer:

  • Contract Drafting: Preparing individual publishing agreements that include exclusive or non-exclusive licenses, territorial restrictions, print run limits, and terms.
  • Royalty Structuring: Legally defining compensation models (fixed fee, percentage of sales, advance) and determining tax obligations.
  • Rights Separation: Clearly separating rights for e-books, audiobooks, translations, and screen adaptations from the primary print publication rights.
  • Termination Conditions: Developing mechanisms for how an author can reclaim rights if the publisher fails to publish the book or violates payment terms.
  • Author Warranties: Including clauses where the author confirms the originality of the work and assumes liability for plagiarism.

Real-World Situations When You Need This Service

A publishing law lawyer is essential in the following cases:

  • Publishing a First Book: A debut author signs a contract with a large publishing house and needs protection to ensure they don't sign away all rights forever for disproportionately low royalties.
  • Translation into Foreign Languages: A Georgian author's book is being translated and published abroad. An international publishing agreement with a foreign publisher is required.
  • Participation in an Anthology: When an author's short story is included in a collection, and it needs to be determined whether they retain the right to publish the same story elsewhere.
  • Royalty Disputes: The publisher is not paying the agreed percentage of sales or hiding the actual print run. The lawyer requests an audit and debt recovery.
  • Digital Publication: An old contract did not account for e-books, and the publisher placed the book on an online platform without permission.

Georgian Legal Framework

Publishing activities are regulated by the "Law of Georgia on Copyright and Related Rights". This law details the author's economic and moral rights. According to the law, the transfer of copyright must occur through a written agreement, which must precisely specify the scope of transferred rights, methods of use, territory, and duration. If the transfer of a specific right is not explicitly stated in the contract, it is considered that the right remains with the author. Also important is the "Civil Code of Georgia" in the part of the law of obligations, which regulates general contract terms and the liability of parties.

Process: How a Specialist Works

Work on a publishing agreement involves:

  1. Interest Identification: The lawyer clarifies the client's (author or publisher) priority — maximum distribution, financial benefit, or control over the work.
  2. Drafting/Review: Preparation of the initial version of the contract or detailed analysis and commenting on the version provided by the other party.
  3. Negotiation: The lawyer engages in negotiations with the other party to change disputed clauses (e.g., royalty percentage, exclusivity period).
  4. Signing and Execution: Agreeing on the final text and monitoring post-signing compliance (e.g., adherence to deadlines).

Why Legal.ge?

Legal.ge allows you to connect with lawyers who have narrow specialization in intellectual property and publishing law. They understand the specifics of the Georgian book market and international standards well. Specialists on Legal.ge will help ensure that your creative labor is properly valued and legally protected.

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Specialists for this service

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