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PRACTICE NOTES
This Practice Note provides a guide to payment structures and royalties in the publishing industry. It deals with: advances; how royalties are calculated on physical books; co-edition royalties; omnibus inclusion royalties; e-book royalties; and audiobook royalties. It also defines and discusses non-royalty income such as income coming from merchandising, anthology rights, serial rights, film and television options, fees for use of third party material, flat fees and ghost writer agreements. The most traditional way for an author of general consumer books to be remunerated is by advance payment from a publisher (an advance) and subsequent additional payments calculated as a percentage of the sale proceeds (a royalty or royalties). However, this is not necessarily the case in, for example, academic publishing or journals. Advances In essence, an advance is treated as a payment on account of future potential royalty earnings in return for a licence to publish a work. The exact amount of the advance will depend on many factors including the relative bargaining power of the parties, which itself will depend on factors such as whether
GLOSSARY
A legal mortgage not protected by a deposit of deeds.
NEWS
Commercial analysis: The Court of Appeal in R (oao World Uyghur Congress) v NCA has clarified the operation of certain parts of the UK’s Proceeds of Crime Act 2002 (POCA 2002) and the approach the UK authorities should take to money laundering investigations. The judgment is important for a number of reasons. Written by Lorna Emson, partner, Max Hobbs, senior associate, and Helen Harvey, senior associate, all at Macfarlanes LLP.
NEWS
Law360, New York: A Stockholm Chamber of Commerce emergency arbitrator has ordered Benin to halt the enforcement of a $15 million judgment against Puma Energy Holdings (Luxembourg) SARL's Beninese subsidiary following a dispute over an asset purchase agreement, an initial victory as Puma seeks to hold Benin accountable for its judiciary’s actions.
NEWS
Law360, London: On 2 September 2026, Puma failed to persuade an EU court to set aside an Italian company's design for a shoe, as the court said shoppers would notice that the rival safety footwear looked very different from the sports giant's trainers.
GLOSSARY
A child or young person for whom education is being provided for at a school.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. The Pupil premium was introduced by the coalition government from April 2011. It takes the form of additional funding allocated to schools and local authorities to support and improve the attainment of disadvantaged children (and, more recently, also to support the children of parents in the armed forces). The pupil premium is paid by the Department for Education by way of a grant (pupil premium grant (PPG)) made under s 14 of the Education Act 2002. Payments for maintained schools, including special schools and pupil referral units, as well as for non-maintained special schools, are made to local authorities, for distribution to the schools in their area. Payments for academies and free schools are made directly to the schools by the Education Funding Agency. Payments in relation to currently looked after children (LAC) are also now treated separately, and are paid to local authorities, as discussed below, to be managed by the designated virtual school head (VSH) for the area. Guidance for
GLOSSARY
A school for children of compulsory school age who require an alternative style of education.
PRACTICE NOTES
Purchase agreements for new aircraft are entered into between an aircraft manufacturer (as the seller) and a customer (as the purchaser). In the majority of circumstances, the customer will be an airline or an operating lessor but the customer can also be another entity such as a government body. The terms of aircraft purchase agreements are often kept confidential between the aircraft manufacturer and the customer and are seldom revealed. The majority of such terms will not be disclosed to a financier of the customer, which is providing the customer with funding with respect to an aircraft to be purchased in accordance with the terms of that purchase agreement. An aircraft manufacturer generally has a standard form purchase agreement that it will enter into with all of its customers. However, certain commercial terms will be negotiated between the parties and letter agreements are often entered into between the aircraft manufacturer and the customer to supplement the terms of the aircraft purchase agreement (see: Key provisions of a purchase agreement below). Examples of aircraft manufacturers
PRACTICE NOTES
What is a purchase notice? The purchase notice procedure provides landowners with a means of having land acquired by a local planning authority (LPA) where the land has become incapable of reasonably beneficial use. The purchase notice system is often referred to as 'reverse compulsory purchase', because the owner of the land can initiate compulsory purchase of its land by an LPA and is paid compensation as if it were a compulsory purchase. The procedure is not intended to provide a universal remedy whenever planning permission is refused but it is a ‘longstop’ in cases where no development can be carried out to make the land capable of reasonably beneficial use. The government has published guidance on the purchase notice procedure. When can a purchase notice be served? A purchase notice can only be served following a: • refusal of planning permission or listed building consent • conditional grant of planning permission or listed building consent • revocation of planning permission by a 'revocation order' under section 97 of the Town and Country Planning Act 1990 (TCPA 1990) • revocation
GLOSSARY
The amount payable by a receivables purchaser to a client for a receivable assigned to it by the client, commonly calculated retrospectively as the amount received from a debtor towards the discharge of the receivable, less accrued discount and charges.
GLOSSARY
In the context of an acquisition, the difference between the price paid and the (higher) value of the assets acquired.