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A few years ago I illustrated and designed three children's…

A few years ago...

A few years ago I illustrated and designed three children's books for an author. She wants to republish the first book, and if it sells well, will republish the other two. My original contract with her stated that I retain all rights to my work (and the original art) except for the one-time use right to publish this particular book. Any other use of my work will require an agreement beyond the terms of that contract. I don't know how to word a contractual paragraph granting her the one-time use right to republish this book just one time. Since she intends to sell the book, I intend to charge a fee, as well. I want to make it absolutely clear to her that this right is limited. I don't know the name of the publishing company she will use---she want to shop around. And she intends to reproduce the book exactly as is. Can you help?

Lawyer's Assistant: What written documentation do you have?

What do you mean? I wrote a contract myself that she signed.

Lawyer's Assistant: Have you talked to a local attorney? Has anything been filed in court?

No to both questions, although I'm trying to get legal help to make this second contract iron-clad. As far as I know, she hasn't infringed on my rights. Although, in her first email to me she said she was organizing her computer files, and asked for the interior file for book one. Since she had it at one time---she lives in NH and I live in MA---I sent them. I added a paragraph reminding her that I hold all rights. Only then did she say she was thinking of republishing.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I want to be sure my work and rights are protected. Thanks.

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Answered in 13 hours by:
5/24/2018
Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 2,556
Experience: Practicing Attorney with 10 years experience
Verified

Essentially you need a new royalty or license agreement that gives her permission to republish and earn profit but to cut a percentage or fixed amount back to you and make it clear that the title to such IP remains yours. Let's say a movie is made based on these books for example, the imagery should also remain yours.

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Customer reply replied 2 months ago
Thanks!

Let me know if you have any additional specific questions.

Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 2,556
Experience: Practicing Attorney with 10 years experience
Verified
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