| Commentary

215 Non-compete clause

| Commentary

215 Non-compete clause

Publishing contracts frequently contain a clause stipulating that the author should not write or have published a work that, in the publisher’s opinion, would compete with or affect prejudicially the sales of the work that is the subject of the contract. Assuming that no question of restraint of trade arises, such clauses will usually be enforced by way of injunction1. Although they are arguably not appropriate in a contract for a novel, they are today a standard clause, inserted by many publishers in their standard form of publishing contract, and intended solely for the benefit

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