Out-of-print definition
This clause defines when your book is considered "out of print." It means that if your publisher hasn't made the book available for sale through regular bo
In plain English
This clause defines when your book is considered "out of print." It means that if your publisher hasn't made the book available for sale through regular bookstores in the U.S. for a year, or hasn't sold at least 250 copies in any format during that time, the book is deemed out of print.
What it means in practice
In practice, this clause determines when you can request your rights back from the publisher. If your book meets the criteria for being out of print, you have the right to ask the publisher to either reprint it or release the rights so you can find another publisher or self-publish.
What's standard
It is standard for the contract to include a specific sales threshold and a time period for availability to define when a book is out of print.
Red flags
A clause that defines "out of print" based solely on the availability of physical copies without considering e-book sales.
A clause that sets an unreasonably high sales threshold (e.g., thousands of copies) to avoid being deemed out of print.
A clause that does not specify a time period for the publisher to have the book available for sale.
What to ask for instead
Ask for language that includes e-book sales in the calculation of whether the book is in print, and ensure the sales threshold is reasonable (e.g., a few hundred copies) given the book's format and market.
This is information, not legal advice. Contracts turn on their exact wording and your circumstances — before you sign, have a publishing lawyer or a body like the Society of Authors or the Authors Guild review the actual document.