Joseph Perry, Esq.
3 Tips on Negotiating Out-of-Print Clauses in Book Contracts
If you aren't happy with your publisher and/or your book isn't selling and you want your rights back, you'll need to protect yourself when initially drafting and negotiating the out-of-print clauses. Below is a sample out-of-print provision:
“If, for a consecutive period of twelve (12) months after the date of first publication, the demand for the Work will not, in the opinion of the Press, be sufficient to render further continuance in its lists or further publication or sale feasible or practicable, then the Publisher may, in its sole discretion, discontinue the publication and declare the Work out of print.”
Below are two tips to protect yourself:
1. Ask for the out-of-print clause to be triggered for print books only (that is, the out-of-print clause won't concern electronic or print-on-demand books).
2. Following up on #1, if you want to narrow the clause further limit it to print books in a specific language
3. Ask for written notice when the Publisher has claimed the book out-of-print and their remainder process for any books left in stock.
For more book publishing contract tips, see:
Grant of Rights: https://www.josephperrylaw.com/post/tips-on-negotiating-grant-of-rights-clauses-in-author-agreements
Delivering Your Manuscript: https://www.josephperrylaw.com/post/tips-on-delivering-your-manuscript-1
Representations and Warranties: https://www.josephperrylaw.com/post/tips-on-negotiating-representations-and-warranties-in-author-agr