Publishing and the Associated Legal Issues

As a publisher it is important that one understands fully the complex legal parameters that surround the publishing of a book. The publishing business requires a vision and a full understanding of the future scope of proposed projects.

There is a substantial risk that one faces in the absence of adequate knowledge. From acquiring the appropriate rights to handling book production and distribution, printers are not immune to the legal intricacies of publishing. The maze of intellectual property rights and legal contracts are not mere ‘add-on’s to the business but legal agreements are more often than not a good way of protecting one’s best interests.

Most lawyers suggest that the publisher establish at least a bare minimum of contractual agreement with authors which clearly lay out rights, liabilities and royalties, as well as the sharing of costs and expenses. Depending on the nature of each book project, publishers may choose a certain level of contract to be signed with authors. The various documents may cover the agreements signed with the author, distributor and other licensing agreements as necessary.

The potential threats and risks of unsuccessful projects are greatly mitigated by laying down on paper the issues that will be used in negotiating losses. In these cases the concept of preventive law serves better causes than remedial legal action.

Fully contemplating the extent of efforts expended and costs incurred, as well as understanding the parameters for potential success, is of great value in the world of publishing.