License Agreement Translation In Spanish
The emergence of electronic publishing and print-on-demand makes it more important for the English-language publishing house to discuss the granting of these rights with the foreign publisher. In the past, the foreign publisher generally had the right to negotiate serialization, the book club and the extract rights of the foreign language edition. If any of these subsidiary rights were subscribed by the foreign publishing house, the foreign publisher would compensate the English-language publisher for a percentage of the net revenues from the sale or licensing of those rights. With regard to the remaining ancillary rights for foreign language publishing, these could generally not be negotiated and a subsidiary contract could be concluded by the English-language publisher after the foreign publisher agreed. A second example, where language and territorial subsidies are very important and complex, concerns the Chinese language. The problem with Chinese language rights is that “traditional written characters” are mainly used in Hong Kong and Taiwan, while a “simplified character” system has been used more universally in the People`s Republic of China (“PRC”) and other Chinese-speaking parts, including Singapore and Malaysia. Therefore, when it comes to negotiating Chinese language rights with potential licensees, whether in the PRC, Taiwan or any other Asian country, it is important to specify the individual countries included in the territorial grant and to specify which Chinese drawing system will be included in the language exchange. An important caveat to be remembered in negotiations with the PRC is that the People`s Republic of China recognizes Taiwan as a “territory” of the PRC. I hope that the above information will provide a basis for the publishing house that conceded foreign rights for the negotiation of these transactions.
Finally, there are two caveats that the English-language publisher should hold back. First, the English-language publisher should be the one who prepared the licensing agreement and, second, the English-language publisher should not sign the agreement until the foreign publisher has signed the agreement and has fulfilled all the financial obligations that may be required at the time of the contract. Part I of this article, “Pre-deal Tactics”, discussed the first methods and the memorandum agreement that could be used by an English-language publisher, the licensing of translation rights to a foreign publisher. This article examines some of the key conditions to be considered and agreed upon by the parties before a licensing agreement can be successfully concluded. The quintessentest of the English-language publisher with respect to the licence advance is that it should cover at least the expenses of the English Language Publisher involved in negotiating and implementing the agreement. The only exception should be other important reasons for licensing translation rights. The purpose of this article is not to discuss or clarify all possible points regarding foreign rights and their permutations, but to provide an overview that should help a publishing house negotiate this type of agreement. It must also be recognized that each foreign country has its own market characteristics that come into play when negotiating a licensing agreement. The royalty rate, whether on the price of retail lists or on the funds received, generally varies from country to country, although it is generally between 6% and 10% for the first impression. The royalty rate also depends on the purpose of the translated title, the difficulty and cost of preparing the translation and the possible additional costs that may be required. B for example for important illustrations or other production issues.
It is also not uncommon for the royalty rate to be increased to the second and third impressions of the translated work.