| Commentary

218 Obligation to publish

| Commentary

218 Obligation to publish

Where an author assigns copyright in his work to a publisher and there is no express agreement on the part of the publisher to publish the work, the publisher is probably not under any obligation to publish it1. The absence of an obligation to publish may be an indication that the agreement is restrictive of trade. Such restrictions must be justified as fair and reasonable before they can be enforced. They may also indicate such inequality of bargaining power as to render the agreement unenforceable2. If there is an obligation to publish, but a publication date

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