If you know how many copies the publisher has in stock, you can better understand and track any royalties due from these sales. Often, publishers explicitly retain the right to sell their existing inventory in reversion agreements, subject to continued royalty payments to the author. If you are not interested in purchasing copies, or your publisher does not want to sell them to you, it is still a good idea to find out how many copies the publisher has left in its inventory. This gives authors the opportunity to purchase these copies at a discounted price in order to sell or otherwise share these copies. In fact, some contracts give authors the right to purchase stock at the time of reversion at cost. If your publisher has any remaining copies of your book in stock, you may consider offering to purchase the remaining inventory. But she may have ongoing royalties for the sales of the French translation, which she should be sure to track. This means that she cannot make and sell French translations of her book without violating the other publisher’s exclusive rights. If the license is exclusive and survives the reversion, the author’s reversion is subject to that license. For example, if an author’s publisher has licensed the French translation rights to her book to another publisher, she will want to know whether the license is exclusive or nonexclusive, whether the license survives the reversion, and whether she can expect any ongoing royalties or other payments for the license. Importantly, authors who regain rights need to understand whether any outstanding licenses to their works are still in place and how these licenses will be treated. As you finalize your reversion, it is important to understand your publisher’s accounting cycle and ask for clarification if you are unsure how and when your publisher plans to account for past or ongoing sales. It may, for instance, still need to make royalty payments for sales accrued before the reversion or from other sales or licenses that are still ongoing. Your publisher may have other obligations to fulfill after the reversion. Understanding and Tracking any Ongoing Obligations (Of course, when it applies, authors may also rely on fair use to incorporate third-party works in their works.) The items that you may need include not only the digital design files and rights for the text you created, but also the files for art and other materials created by third parties, as well as the permission to use these items if permission is required.įor example, authors who want to reuse the same cover art when they make their reverted books newly available may need to acquire both the source files and a copyright license to reuse cover art that was created or commissioned by their publisher. In fact, some publishers are required by the terms of the publishing contract to provide authors with these items. When reverting rights, it is helpful to ask your publisher for both the physical materials and any the intellectual property rights you may need for future printings. Getting the Files and Permission You Need
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