Some of these options may be available as part of your initial publishing agreement. In general, they are open to all of you if you control full rights to your work. If your work contains third-party materials, you should nevertheless ask yourself whether you have the right to use it under copyright (z.B. under Fair Use). However, in most cases, the author`s right to terminate a contract and obtain the withdrawal of publication rights is limited by the language of the agreement. If the agreement does not grant you termination rights and the publisher is not violated, your options may be to convince the publisher to accept the termination – or to wait for the contract to allow you to terminate without the publisher`s consent. “The Author hereby grants and confers exclusively upon the Publisher and its assignees and licensees all rights of any kind that now or successively exist in the materials that the Author has created for the Work under this Agreement, alone or in collaboration with others for the Work or for Related Materials. These rights, which apply worldwide during the term of copyright and all extensions and extensions of copyright, are not limited to the rights of reproduction of the work or parts thereof; prepare derivative works on the basis of the work; to distribute copies of the work and derivative works by sale, license or other transfer of ownership or use rights; publish and sell the work and derivative works in all languages, editions, forms and media; to present and show the work publicly; and to mix with third parties the license to publish, use or adapt the work or derivative works or parts of the work for sale, distribution or any other use in printed or other form. As a general rule, any party to a publishing contract has the right to terminate the contract if the other party does not fulfil certain obligations or if certain conditions arise. For the publishing house, termination is usually triggered when the author does not deliver the manuscript by a specific due date, if the manuscript is not acceptable to the publisher in its content and form, or if modifications to the manuscript are required by the lawyer to avoid possible disputes, and the author has not foreseen these changes. For the author, termination tends to be triggered when the publisher does not publish the book within the allotted time, the book is out of print or the duration of the contract has expired.
“In the age of e-books, publishers stop right as long as the book is available in digital form so they can place an order through POD or digital delivery,” says Steve Gillen, a partner at intellectual property law firm Wood Herron & Evans. As you can see in this particular clause, the process of returning rights is a bit confusing, Ulrich said, “It`s not an automatic process, but a conversation that needs to take place between the publisher and the author.” Language “that has been declared out of print” is also problematic, she said: “Rarely is the publisher who rushes to declare a work out of print is problematic. It is more likely that the publisher will not pay as much attention to it. .