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Q: "My publisher has decided to drop my books. How
can I tell from my contract whether this means I could get another publisher
to pick them up for a new edition, vs. writing a totally new work?"
A: Steve Gillen, publishing-law
lawyer: Most publishing contracts have a "reversion" or "out-of-print"
clause that requires the publisher to return the rights to a work to
the author if and when the publisher takes the work out-of-print. Sometimes
this right of reversion is triggered automatically. More frequently,
however, the author must request the publisher to execute a copyright
assignment. The more problematic issue is likely to be at what point
does the right mature -- i.e., when is the work "out-of-print." Look
to the language in your contract for the answer to that question.
> Gillen, a member
of the TAA Council, is with the law firm of Frost Brown Todd in Cincinnati.
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