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This document has been endorsed by the
Romance Writers of America (RWA),
Novelists, Inc.,
Science Fiction and Fantasy Writers of America, Inc.
(SFWA),
and Western Writers of America, Inc. (WWA),
representing a total of nearly 11,000
writers.
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|| First draft (2000)
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BOOK AUTHORS'
BILL OF RIGHTS
Ratified version (2002)
While affirming the freedom of every writer to negotiate in his or her
own best interests, the undersigned organizations nevertheless assert
that the following rights should be inalienable to all book authors.
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The right to negotiate contracts in good faith, the right to
honest and unconflicted representation by a literary agent, and the
right to mediation when conflicts about authors' and publishers'
rights and responsibilities cannot be settled informally.
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The right to copyright ownership on all novels or nonfiction
works written solely by the author and to "moral rights" to those
works, as defined in the Berne Convention.
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The right to an advance against royalties that reflects an
author's anticipated royalty earnings. If a book does not earn out
its advance, the author shall not be responsible for repaying the
balance.
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The right to prompt acceptance time of a completed manuscript
and on the timely exercise of publisher's option clauses on subsequent
works.
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The right to a realistic period of time in which to review
copyedited manuscripts and page proofs and to the final say on all
changes.
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The author shall be consulted about cover design and cover
copy.
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The right to control the use of the author's writing names
and/or pseudonyms without limitation.
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The right to sign all subsidiary rights contracts for a
particular work, unless author has specifically authorized for such
contracts to be signed by author's agent or publisher. Authors shall
be notified when their works are licensed or reprinted. Authors are
entitled to a minimum of 2 authors' copies of foreign editions.
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The right to accurate and separate accounting of the
publication of their books, including the right to audit the publisher
with an unlimited look back period. Royalty statements should include
publication date, number of books in print and in stock, number
shipped, current sales, cumulative sales by units, cumulative sales by
type of sale, amount in reserve, reserve released, and number of
returns. The author has the right to release of all reserves after
four reporting periods and minimal reserves held on reprinting. The
author has a right to complete reconciliation to print on request and
upon termination of the contract. The author has the right to a copy
of all subsidiary rights contracts upon request.
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The right to a swift reversion of rights when a book is out
of print. The author has the right to be quickly informed in writing
when a book meets the Out of Print criteria defined in the contract.
Any book declared "Out of Stock" for more than three months shall be
deemed Out of Print. The author has the right to reversion to the
author of subsidiary rights if the rights have not been exploited by
the publisher within two years of first publication.
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The right to the most effective protections available against
electronic piracy or other violations of copyright.
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The right to receive effective marketing of the author's work
from a publisher, and the publisher's timely and practical support of
the author's own self-promotion.
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