Table of Contents

BOOK PUBLISHING ; Background ; The Core Issues of a Publishing Agreement ; Educational Publishing Agreement ; Trade Publishing Agreement ; Professional Publishing Agreement (Continuity Book; Single Author) ; Multiple-Editor Edited Work Agreement ; "Work for Hire" Book Agreement ; Co-Publishing Agreement ; Book Packaging Agreement ; Advisory Board Member Agreement ; Series Editor Agreement ; Copyright Transfer Agreement for Chapter Author-No Money (Short Form) ; Copyright Transfer/Contributor Agreement-for Chapter Author-Money Paid (Long Form) ; Contributor Agreement for Chapter Author-U.S. Government Works Form ; Revision Agreement ; Termination Agreement-Author Has Repaid Monies (Short Form) ; Letter Extending Due Date ; Sample Letter-Agreement Requesting That Author Agree to a Lower Royalty Rate ; Reversion Letter ; Guarantee ; Miscellaneous Clauses ; PERIODICAL PUBLISHING ; Background ; Society Affiliation Agreement ; Journal Editor Agreement (No Royalty) ; Newsletter Editor Agreement-Multiple Scholarly Newsletters ; Newsletter Editor Agreement ; Associate Editor Agreement ; Advertising Representative Agreement ; Copyright Transfer Agreement-Scholarly Publishing (Long Form) ; Copyright Transfer Agreement-Scholarly Publishing (Informal Letter) ; Standard Journalism Contract (Publisher's Form with Alternative Clauses) ; Standard Journalism Contract (Writer's Form-Limited Print Rights) ; Academic Journal Subscription Agency Agreement ; ELECTRONIC PUBLISHING ; Background ; Negotiating Software Development Contracts ; Software Development Agreement ; Moderator Agreement for Threaded Online Discussion as Part of Distance Learning Project ; Blogger Agreement ; All Purpose Programmer Agreement (Short Form) ; Shrinkwrap License ; Site License Agreement Incorporating User Terms of Service ; Click-On License for Electronic Access ; E-Newsletter Subscription Agreement (Click-On) ; Electronic Book Distribution and Resale Agreement ; OEM Form Software License ; Software Authorized Dealer Agreement ; LITIGATION AND LITIGATION AVOIDANCE ; Background ; Avoiding Libel, Invasion of Privacy, and Infringement Lawsuits ; Cease and Desist Letter-Trademark Infringement ; Trademark Coexistence Agreement ; Cease and Desist Letter-Direct Copyright Infringement (Online Use) ; Settlement and Release Agreement for Author Dispute ; Sample Disclaimers ; ISP Cease and Desist Letter ; Cease and Desist Letter for Posting Party ; Piracy Demand Letter ; Piracy Resolution Letter ; ELECTRONIC COMMERCE ; Background ; Commercial Web Site Development Agreement ; Commercial Web Site Development Agreement (Ongoing or Multiple Projects) ; Publisher Web Site Development Agreement for Online Catalogue ; Development Agreement for Web Site IP-Management Software ; Proof-of-Concept Web Site Development Agreement ; Letter Agreement for Development of a Prototype ; All-Purpose Programmer Agreement (Short Form) ; Confidentiality Agreement for Software Development ; Web Site Co-Ownership Agreement (Multiple Parties, Short Form) ; Standard Click-On Web Site Hosting Agreement (Short Form) ; Web Site Hosting Agreement (Long Form) ; Interim E-Commerce Linking Agreement (Short Form) ; E-Commerce Linking Agreement (Long Form) ; Sample Privacy and Data Protection Language ; Appendix 5-A ; Safe Harbor Overview ; Appendix 5-B ; Safe Harbor Privacy Principles ; Appendix 5-C ; Selected Safe Harbor FAQs ; PERMISSIONS AND SUBSIDIARY RIGHTS ; Background ; Sample Author Permissions Policy ; STM Permissions Guidelines ; Permission Request Form for Book Use (Broad Request) ; Permission Request Form for Website Use (Broad Request) ; Interview Permission/Release ; Permission Request Form for Use of Material in Connection with Adoption (College Publishing)-Publisher's Form (Narrow Grant) ; Basic One-Time Reprint or Photocopy Permission Form ; Document Delivery Agreement ; Permission to Use Material on Author's Own Web Site ; Broadcast Permission Letter with Endorsement Disclaimer ; De Minimis Reprint Permission-No Charge ; Standard Permission Grant for Use of Material in Book (Includes E-book Grant) ; College Photocopying Permission for Unavailable Work- No Fee ; Permission Grant for Use of Material in Database (Broad Grant) Database Publishers Form ; Permission to Make Print or Electronic Library Archival Back-Up Copy or to Lend to Library Patrons ; Two-Year Photocopy License with Instructions ; Author Consent Letter Where Author Has Permissions Approval Right ; Simple Nonexclusive Copyright License ; Academic Journal Translation License Agreement ; Foreign-Language Translation Agreement-Print Only ; Sample Permission Letter for Use of Artwork in a Book ; Form Model Release with Optional Minor Language ; Property Release ; Creative Services Purchase Order

About the Author

Roy Kaufman is Legal Director of John Wiley and Sons, Inc., a global multinational publisher. He is a member of the Board of Directors of Copyright Clearance Center, where he sits on the Rights holders and Library Advisory Committees. A member of the Bar of the State of New York, he currently belongs to the Freedom to Read and Lawyers Committees of the Association of American Publishers, and the Copyright Committee of International Association of Scientific, Technical and Medical Publishers. Mr. Kaufman has represented and counseled publishing companies in every segment of print, continuity, online and electronic publishing. He is the Editor-in-Chief of Art Law Handbook: From Antiquities to the Internet (Aspen Law & Business 2000). He has published and lectured extensively on the subjects of copyright, licensing, anti-piracy, new media, artists' rights, publishing and art law. Prior to joining Wiley, Roy was an associate in the intellectual property and entertainment practice group of the New York office of the law firm Paul, Hastings, Janofsky & Walker.

Reviews

"Kaufman's book will be extremely helpful, both for what it offers publishers and their staffs, and for speeding and streamlining the process before turning to outside counsel."
-Peter Givler, Executive Director, Association of American University Presses"This is the most comprehensive, up-to-date, and reliable guide to publishing contracts on the market. It should be on the desk of every publisher, but will be especially valuable for those smaller publishers without in-house counsel, including every university press."
--Sanford G. Thatcher, Director, Penn State University Press,
President, Association of American University Presses"This book covers virtually all legal and contract aspects of the publishing enterprise, from rights clearance and transfer/license agreements to rights management, permissions issues, the licensing of translations and other derivative rights, and general online-consumer licensing. I don't know of another book that covers this environment in such a comprehensive and useful way. The writing is clear, the forms and templates are very useful, and in sum reflect a singular focus on publishing and a pragmatic approach to law. "
--Mark Seeley, Senior Vice President & General Counsel, Elsevier