All contracts are controlled
by basic contract law, i.e., there must be a "meeting
of the minds" between the parties for a contract to be
valid. If the terms of any contract are vague, and it's not
clear that the parties really agreed on the same thing, the
contract may be held invalid or may be interpreted by a judge
or other negotiator. All contracts can be modified -- as long
as both parties agree to the modification, and it's not illegal
or immoral. And very importantly, never sign a contract until
you understand all of the provisions.
Contracts with literary agents are personal services contracts
and generally should be revocable by either party under fairly
liberal circumstances. They may have a time line or be project
specific. (They should be, actually.) Or they may allow for
termination with X days' notice by either party. This is important,
because a literary agent represents the writer; so the parties
need to get along or at least have the same vision. It's also
important because if an agent doesn't sell a book after exhausting
all of the agent's sources and ideas, the writer should probably
look for a new agent.
Periodicals have different contracts than books. They used
to be, in the US, first North American serial rights. That
was before the computer and internet. Now they often ask for
electronic rights. The NWU has a journalism department and
CAs who specialize in periodical contracts. Extent of rights
and payment terms are particularly critical for those contracts.
Who holds the copyright to the article can also be important.
For book contracts, other issues may be more important: What
rights are being bought? That information should be specific.
Also, if the writer has better contacts than the publisher
does for selling some rights (e.g., the writer is a sister
of Steven Spielberg), those rights should be reserved by the
author. Percentage of royalty and the amount of advance, if
any, are important, as are the terms under which the publisher
has to account to the writer for income. Liability issues
can be very important too: Who has the right to file suit
and who pays what, if someone sues the writer and publisher.
There are lots of clauses that seem harmless but aren't. An
NWU CA can help the writer negotiate through the pitfalls.
Writers for corporations are generally on staff, and their
works, at least in the USA, are "works made for hire"
under copyright law. Therefore, the corporation owns the works.
It is important, though, to note that a work you are hired
to do is not always a "work made for hire" under
copyright law.
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