Understanding Non-Exclusive Worldwide License in Publishing: Contract Termination and Rights

The term 'non-exclusive worldwide license' is a crucial concept in the publishing industry, often found in contracts entered into by authors and publishers. This article aims to clarify what it means, especially in the context of contract termination, and offers insights to ensure authors' rights are protected.

What is a Non-Exclusive Worldwide License?

A non-exclusive worldwide license granted to a publisher typically allows the publisher to print, publish, and sell a book. Importantly, it does not grant them exclusive rights to these actions. This means that other entities or individuals could also publish and sell the book without the publisher’s interference.

Authors should be cautious about such licenses, especially if they are entering into contracts with vanity presses or smaller publishing houses. Vanity presses, in particular, may take advantage of such language to claim that the author has no grounds to object to their actions. It's important to understand the implications of this language before signing any contract.

Contract Termination and Rights Reversion

When a contract is terminated, especially with a 'real' publisher in the US, the publisher typically ceases to have any rights to the work from the author. The author then becomes the exclusive owner of all rights, including the right to print, publish, and sell the book.

However, it's crucial to be aware that a non-exclusive worldwide license being terminated does not always result in a proper reversion of rights. In a typical scenario, the publisher would retain the right to distribute and sell existing copies of the book but would not have the authority to print more.

If you are dealing with a situation involving the termination of a contract, it is wise to seek professional advice. Agents, solicitors, and legal experts can provide valuable guidance and ensure that your rights as the author are respected.

Understanding 'Non-Exclusive' in Publishing Contracts

The phrase 'non-exclusive' is commonly found in various publishing contracts, including those that mention rights to turn a book into a movie. Despite the allure of a movie deal, such a clause merely indicates that the author retains the option to consider other entities for the movie rights. The reality is that 'fat chance' that another entity will pass on the opportunity to develop the work into a movie given the potential financial benefits.

Understanding such clauses is crucial as it can significantly impact an author's future opportunities and the overall value of their work. If you are unsure about the implications of a contract, it's advisable to consult with an agent, especially if one is not already represented.

Steps for Authors to Protect Their Rights

Here are some steps authors can take to protect their rights when dealing with publishing contracts that include non-exclusive worldwide licenses or other clauses that may compromise their exclusive rights:

Review the Contract Thoroughly: Before signing any contract, it is essential to review it carefully. Look for clauses that may grant the publisher more rights than they need, and ensure that the license is properly worded to avoid misunderstandings.

Consult with an Agent: If you have an agent, discuss the contract with them. They can provide valuable insights and advice based on their experience in the industry. If you do not have an agent, now might be a good time to consult one for a one-time consultation.

Seek Legal Advice: Consider hiring a legal professional who specializes in publishing contracts to review the contract. They can provide a nuanced understanding of the legal implications and ensure your rights are properly protected.

Understand the Reversion of Rights: Ensure that you understand the terms of the contract, including the reversion of rights. Confirm that the publisher’s rights to print and distribute existing copies are retained, but they do not have the authority to print new copies.

Negotiate Terms: If you have any concerns, it's worth discussing them with the publisher to negotiate more favorable terms. This might include a stronger reversion of rights clause or additional royalties.

Conclusion

The term 'non-exclusive worldwide license' in the context of publishing contracts can be misleading and may not always provide the author with the complete protection they need. Understanding the implications of such clauses and taking proactive steps to ensure your rights are protected is essential.

By routinely reviewing contracts, seeking professional advice, and understanding the nuances of the reversion of rights, authors can safeguard their creative work and ensure they retain the maximum value from their published material.