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Contract clause

Assignment clause

This clause states that the publisher has the right to transfer the contract or the rights given to them by the author to another company or person without

The clause, in typical wordingThe Author agrees that the Publisher may assign this Agreement or any rights granted hereunder to any third party without the Author's consent, provided that such assignment does not materially affect the Author's rights under this Agreement.

In plain English

This clause states that the publisher has the right to transfer the contract or the rights given to them by the author to another company or person without asking for the author's permission, as long as the author's rights under the contract are not significantly impacted.

What it means in practice

In practice, this means the author could end up working with a different publisher or entity than the one they originally signed with, without having any say in the matter. This could affect the author's relationship with the publisher, the marketing and promotion of their book, and potentially their royalties and other benefits.

What's standard

Standard / acceptable

It is standard for publishers to want the ability to assign the contract or rights, but the author should have the right to be notified and, in some cases, to object if the assignment would materially change their rights or obligations.

Red flags

Red flag

Language allowing assignment without any notification to the author.

Red flag

A clause that allows assignment without any limitations or conditions.

Red flag

Absence of a provision allowing the author to terminate the contract if the assignment significantly impacts their rights.

What to ask for instead

Ask for language that requires the publisher to notify the author of any assignment and allows the author to terminate the contract if the assignment would materially change their rights or the nature of the publisher's obligations. For example: "The Publisher shall notify the Author of any proposed assignment, and the Author may terminate this Agreement if the assignment would materially alter the rights or obligations of the parties."

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.

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