Commentary

213 Personal nature of a publishing agreement

INTELLECTUAL PROPERTY vol 21(2) copyright
| Commentary

213 Personal nature of a publishing agreement

| Commentary

213 Personal nature of a publishing agreement

Publishing agreements are generally regarded as contracts of a personal nature which cannot therefore be assigned to another publisher unless the author consents to the assignment1. Wherever the author’s remuneration is by way of a share of the profits or by royalties, there is a presumption that the contract is of a personal nature. The principles underlying this are that the author has a personal interest in who is his publisher and that he has selected him for his particular ability and reputation. This can apply whether the publisher is an

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