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Ivan Hoffman, B.A., J.D., March 2002
Marketing Provisions in Book Contracts »

PUBLISHED MARCH 2002 by Ivan Hoffman, Publishing Attorney — Book contract provisions that have to do with marketing and promotion can appear in various places within an agreement, but no matter where they appear, they should cover at least the following issues. The Package The book itself is central to issues about marketing and promotion …

Alan J. Kaufman, December 2001
Avoiding Author Contract Conflict »

I started my career as a literary agent/attorney, went on to become Senior Vice President and General Counsel of a major trade publisher for 20 years, and am now in private practice specializing in representing small- to mid-sized publishers. In other words, I have been on both sides of the negotiating table and have reviewed …

Ivan Hoffman, B.A., J.D., August 2001
Out of Print Provisions in Book Contracts »

PUBLISHED AUGUST 2001 by Ivan Hoffman, Publishing Attorney — What constitutes “out of print” in the world of print books and now-with the advent of print on demand-in the electronic world can be a significant legal and business issue for both publishers and authors. This clause in a book contract is often glossed over, but …

Ivan Hoffman, B.A., J.D., January 2001
On-Demand Printing Contract Provisions »

PUBLISHED JANUARY 2001 by Ivan Hoffman, Publishing Attorney — With the already happening revolution in printing, what sorts of contract provisions are to be included in an on-demand printing agreement? If you’re a publisher (licensor) controlling on-demand rights in your author agreement, or you’re an author who has reserved such rights in your agreement with …

Ivan Hoffman, B.A., J.D. , April 1999
The Cover Artist/Illustrator Contract »

PUBLISHED APRIL 1999 by Ivan Hoffman, Publishing Attorney — In what appears to be a frequently occurring situation, publishers seem to pay cover artists and illustrators to do work on the publisher’s books without having sufficient writing covering the issues about who owns the rights to the artist’s/illustrator’s work as well as other clauses. Or …

Ivan Hoffman, B.A., J.D., July 1998
The Agency Agreement »

PUBLISHED JULY 1998 by Ivan Hoffman, Publishing Attorney — So you have finally found an agent to represent you and your work. Congratulations! And now the agent has presented his or her “standard” agency agreement to you for your signature. Let me cover some of the important provisions of this agreement so that you might …

Ivan Hoffman, B.A., J.D., January 1998
Book Club Clauses in Publishing Contracts »

PUBLISHED JANUARY 1998 by Ivan Hoffman, Publishing Attorney — Book clubs can be a source of additional and even substantial income to both the author and publisher. Book clubs can also provide opportunities for the author to reach an audience that might not otherwise know of the author’s work and, in the process, perhaps enhance …

Ivan Hoffman, B.A., J.D., August 1997
The Problems with “Old” Publishing Contracts »

PUBLISHED AUGUST 1997 by Ivan Hoffman, Publishing Attorney — If you are a publisher with contracts that are more than 15-20 years old, you may have some ticking and potentially problematical issues of which you may be quite unaware. These issues often arise at unexpected and inconvenient times (although when a convenient time for a …

Ivan Hoffman, B.A., J.D., June 1997
The Interview Release »

PUBLISHED JUNE 1997 by Ivan Hoffman, Publishing Attorney — Authors may at some point run into a situation in which they interview someone and obtain information from them that ends up in a book or periodical. This information may be words, photographs, biographical background, or other material. Since we all have rights of privacy, it …

Ivan Hoffman, B.A., J.D, January 1997
Apples and Oranges: An Analysis and Comparison of Distribution Agreements »

PUBLISHED JANUARY 1997 by Ivan Hoffman, Publishing Attorney — I’ve had an opportunity to review the contracts of a number of the important distributors of books in the United States. Each contract contains many similarities and some important differences. The independent publisher is well-advised to review the agreement presented with great care for there are …

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