Page:Copyright, Its History And Its Law (1912).djvu/472

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COPYRIGHT

Republica- tion of periodical articles

Foreign markets

Contract to do work

tracts for a serial with periodical publishers who are also book publishers, that contract should state whe- ther rights for book publication are involved or whe- ther the author is left free to arrange for book publi- cation independently. Conversely, where an author contracts for book publication, the contract should be explicit as to whether the author or the publishers shall exercise or arrange for serial publication, either before or after book publication.

Where an author furnishes an article or series of articles for a periodical, it should be made clear, by letter or contract, whether the periodical publisher also obtains the right to republish such articles in other shape or whether such right reverts to the author, and if so, how soon after publication of the periodical.

■ In these days of increasing International relations, it is important that the author should have a clear understanding as to whether he retains the rights in other markets, whether in English speaking or foreign x:ountries; or conveys them to the publishers as within the agreement, but to be separately accounted for; or assigns them as an integral part of the transaction. As between America and England, many publishing firms have branch houses or representatives in the other country or are in special relations with an in- dependent firm therein. If the English market is con- veyed, there should be a clear-cut understanding as to whether this includes the Canadian, Australian and South African rights. It is usual that a lower roy- alty is paid to the author on sheets sold for another than the home market.

The contract of an author with a publisher that he will write a specified book or work, is not usually en- forceable by the courts through specific performance, for the simple reason that a court has no means of com-