Publishing Agreements

What is an Option Agreement for book adaptation?

An option agreement allows a producer to reserve the rights to adapt a book into a film for a limited time for a fee, before committing to buy the full rights.

Does a translator own the copyright to their translation?

Yes, under Georgian law, a translation is a derivative work, and the translator owns the copyright to their translation, provided they had the right to translate the original work.

What are typical e-book royalty rates?

E-book royalties are typically higher than print, often ranging from 20% to 50% of net receipts, reflecting lower production and distribution costs.

Can I sell rights to different countries separately?

Yes, copyright is divisible by territory. You can license a Georgian publisher for Georgia and a German publisher for Germany (Territorial Rights).

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Publishing agreements are legal instruments that go beyond merely the right to print a book and include the regulation of digital content, multimedia projects, and adaptations. This service focuses on modern publishing challenges where traditional contracts are often insufficient. For example, issues related to audiobooks, e-library subscriptions, and content placement on educational platforms require specific legal regulation. Within the scope of this service, lawyers ensure that publishing agreements are flexible, cover technological innovations, and maximally protect the rights holder in the digital space.

What Does the Advanced Publishing Agreements Service Cover?

This service covers broader and more complex agreements than the standard author-publisher contract:

  • Digital Distribution Agreements: Contracts with online stores (Amazon, Google Books, local platforms) regarding terms of e-book sales and distribution.
  • Co-publishing Agreements: Agreements between two or more publishing houses (often from different countries) regarding joint funding and distribution of a single project.
  • Adaptation Rights: Contracts regarding screenwriting based on a book, theatrical staging, or video game creation (Merchandising).
  • Translation Agreements: Specific contracts with translators regulating the copyright of the translation and its subsequent use by third parties.
  • Grant Agreements: Concluding grant agreements with the Writers' House of Georgia or foreign funds to finance translations.

Real-World Situations When You Need This Service

Complex publishing deals require expert knowledge:

  • Audiobook Platform: An author wants to grant audiobook recording rights to an app but retain print rights with another publisher. Precise separation of rights is needed.
  • School Textbooks: A publisher creates a textbook with a group of authors. A highly complex contract is needed to determine each author's share and their obligations during the ministry approval process.
  • Book Screen Adaptation: A film studio is interested in a novel. An "Option Agreement" needs to be signed, giving the studio time to secure funding.
  • International Cooperation: A Georgian publisher buys translation rights for a bestseller, requiring resolution of complex tax issues regarding advance payments and royalties (avoiding double taxation).

Georgian Legal Framework

Besides the "Law on Copyright and Related Rights", the "Law on Electronic Communications" and Georgia's international treaties (Berne Convention for the Protection of Literary and Artistic Works) are important for digital and international agreements. regarding taxes, provisions of the "Tax Code of Georgia" on withholding tax and double taxation avoidance treaties apply when settling accounts with foreign residents.

Process: How a Specialist Works

Working on these types of agreements requires a strategic approach:

  1. Structuring: Selecting the optimal structure for the deal (e.g., license vs. assignment of rights).
  2. Drafting Technical Details: Legally reflecting digital formats, DRM protection, and territorial restrictions (Geo-blocking).
  3. Financial Modeling: Formulating complex royalty schemes (e.g., escalated royalties — percentage increasing with sales volume).
  4. Enforcement Mechanisms: Including international arbitration or other dispute resolution mechanisms in the contract.

Why Legal.ge?

The Legal.ge database includes lawyers who work not only with traditional publishing houses but also with tech startups and international media holdings. This guarantees that your publishing agreement will be modern, compliant with international standards, and commercially viable.

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Specialists for this service

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