Category Archives: Section A3.2

SA 03.2

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Tests for Determining Classification of Books. Either an Author (or the Author directors of the Board of Directors of the Registry) (other than for a work-for-hire Book) or a Publisher (or the Publisher directors of the Board of Directors Registry) (other than for a reverted or Author-Controlled (defined in Article IV) Book) can challenge the classification of its Book or a group of its Books as In-Print or as Out-of-Print based on the following tests.

Also posted in Article A3, Attachment A, Settlement | Comments closed

SA 03.2.1

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(a)A Book shall be classified as In-Print if it meets either of the following tests:

Also posted in Article A3, Attachment A, Section A3.2(a), Settlement | Comments closed

SA 03.2.1.1

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(i) Test 1:

The author-publisher contract for the Book does not provide for reversion to the Author of rights in the Book under any circumstances, or the Book is “in-print” under the author-publisher contract. For this purpose, the Book may be “in-print”even if the contract does not use the term “in-print,” provided, however

Also posted in Article A3, Attachment A, Section A3.2(a), Section A3.2(a)(i), Settlement | Comments closed

SA 03.2.1.1.1

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(1) If the contract measures “in-print” by reference to revenues and more than fifty percent (50%) of the revenues paid to a Publisher from exploitation of a Book are earned from the Revenue Models, then those revenues shall not be considered in determining whether this Test 1 has been met.

Also posted in Article A3, Attachment A, Section A3.2(a), Section A3.2(a)(i), Section A3.2(a)(i)(1), Settlement | Comments closed

SA 03.2.1.1.2

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(2) If the contract measures “in-print” by units sold or measures other than revenues, then an equivalent principle will be applied in determining whether this Test 1 has been met. The fact that a Book or information about a Book is included in a database or that information about the Book is provided in search engine results does not, by itself, mean that the Book is “in-print.”

Also posted in Article A3, Attachment A, Section A3.2(a), Section A3.2(a)(i), Section A3.2(a)(i)(2), Settlement | Comments closed

SA 03.2.1.1.3

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(3) A Book is not “in-print” if the author-publisher contract provides for reversion to the Author of rights in the Book and all of the criteria for reversion have been met (except that the Author need not have sent a request for reversion to the Publisher).

Also posted in Article A3, Attachment A, Section A3.2(a), Section A3.2(a)(i), Section A3.2(a)(i)(3), Settlement | Comments closed

SA 03.2.1.2

One response to “SA 03.2.1.2”

  1. ehasbrouck says:

    Many publishers are trying to define an “e-book” or “Kindle Edition” as a “new edition of a book” rather than a license of electronic rights. The failure to include in this section a requirement for a “new edition” to be in hard copy means that a publisher could try to use a “Kindle Edition” to satisfy the “in print” requirement and delay the reversion of rights. (Publishers would want to do this in order to share in the Revenue Model revenues, since once the rights revert the author could licnse the book directly as self-publisher of an electronic version, for 100% of the revenues.)

(ii) Test 2:

To the extent consistent with any rights in the Book that it may have under the author-publisher contract, the Publisher publicly has announced to the trade that it has undertaken concrete steps to publish an existing or new edition of the Book, and such edition is published within twelve (12) months of the announcement.

Also posted in Article A3, Attachment A, Section A3.2(a), Section A3.2(a)(ii), Settlement | Comments closed

SA 03.2.2

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(b) If neither of the Tests in Section 3.2(a)(i) or (ii) is met, then the Book shall be classified as Out-of-Print.

Also posted in Article A3, Attachment A, Section A3.2(b), Settlement | Comments closed