Literary Rights Law
Amid all of the buzz surrounding online publications, it's easy to forget that there are still plenty of writers out there who are producing new books and works all the time. Unlike their new media counterparts, these writers are protected by centuries of laws, precedents, and established ways of developing contracts.
- Author-Agent Contracts - Perdomo Klukosky and Associates provide the legal experise you need to negotiate and contract with your agent.
- Book Publishing Contracts - These contracts are typically written from a publisher's point of view. Let us review these contracts before you sign.
- Lecture Contracts - Book tours and lectures are tightly controlled by publishing company. Let us review these and negotiate for you.
With Perdomo Klukosky and Associates by their side, they are able to get fair pay, and the best rights and royalties to their work, through an established series of agreements and contracts.
Please contact us for a legal consultation in regards to your literary rights needs, which may include:
Author Agent Contracts
For authors who are still new to the writing and publishing industry, an agent is often a necessity. They can actually make or break an author, as their services are designed to promote their work and monetize it in the early phase of a career.
These agents will typically "shop out" shorter works by an author as they develop their craft and start to make a name for themselves in literary circles. They are essentially a one-person promotional team, finding readers and buyers for small works by their clients.
But these agreements can tend to favor one side excessively; they focus on agent commission, author pay, confidentiality between the author and agent, who retains the rights to published and unpublished works, and other sensitive matters. A lawyer is an essential part of this contractual negotiation. Typically, the agent or agency is favored in any such negotiation, so having a tough lawyer is an author's best bet for being treated fairly.
Book Publishing Contract
Every author looks forward to the day they publish their first book, but most publishing companies look forward to this day as well. These contracts are typically written from a publisher's point of view and can contain unfriendly and unfair terms that reduce writer royalties and rights while increasing their obligations with the publisher.
They can be extremely restrictive for many authors, and NYC Literary Rights Lawyers are the best way to overcome the kind of harmful contractual obligations that many publishers wish to impose on their writers. Remember, both the writer and the publisher are out to profit from this creative work.
It's important that both sides get a fair share of the earnings - rather than a lopsided contract that favors the publishing company entirely.
Literary Sales Representative Contract
Once a book has been published, the next logical step is for it to be sold and promoted. This work is typically done by literary sales representatives who work on behalf of major book publishing companies around the world.
As with all things in this industry, these professionals are under contract with a publisher and are typically held to very tight and strict requirements. The contracts lay out the basics of course: rate of pay, percentage of commission, and any other benefits a representative will receive.
But, typically, these contracts also place high demands on literary sales representatives that demand high sales numbers, constant client work, and demanding hours. The contracts are designed, once again, to largely benefit the publisher by expecting the greatest amount of work with the modest modest amount of pay.
These contracts may also contain non-disclosure agreements or non-compete agreements depending on the employee's rank and role within the organization.
Literary sales representatives need an attorney who can drive a hard bargain and review any contract for their employment. It's important to remember that contracts such as these come with expensive termination clauses that can cost a sales representative significantly -- not only in a monetary way, but within industry circles themselves.
Author's Lecture Contract
A successful book will almost certainly be accompanied by a book tour -- and that means the author will be expected to appear on the lecture circuit. They'll likely appear at universities, libraries, conventions, and other special events where readers - or likely readers - of their books will be gathering.
These appearances, however, are tightly controlled and thoroughly organized by the author's publishing company and every last detail will be covered in an author's lecture contract.
These documents specify a required number of engagements, the rate an author will be paid for appearing at each of them, and the commission rate charged by the publisher. They will mandate any post-lecture activities like book signings or question-and-answer sessions with attendees interested in the work.
And they will include all kinds of terms that prevent the lecturer from speaking ill of the publisher, the book, or the process they endured when writing it. It's essentially a promotional material for the publisher and they're not going to risk their reputation without contractual repercussions.
Because these contracts are inherently publisher-favoring, authors need to consult with Perdomo Klukosky and Associates' NYC Literary Rights Lawyers as soon as the publisher presents them with a contract. It's important to be able to speak freely about the book while being paid a respectable rate of salary that isn't harmed by excessive commission rates.
Publishers need "tough love" and good NYC Literary Rights Lawyers will ensure the negotiation is as smooth and as fair as possible.