Manuscript Agreement

The publishing house, intended to protect itself, should ensure that all comments about its dissatisfaction with a manuscript are written in writing, and publishers should be encouraged to work with an author to attempt to transform an unsatisfactory manuscript into a satisfactory manuscript before rejecting it. The courts recognize that publication decisions concerning a manuscript are not cast in „black” or „white” and that they are based on the personal taste and judgment of the publisher, but they also recognize that the parties must cooperate in good faith. Although the publisher has the right to refuse a manuscript because the author`s revisions have failed to allay the publisher`s concerns, most courts have always required that the rejection of an author`s work be based on the publisher`s good faith finding that the manuscript cannot be published. This means that the publishing house must honestly believe that the work is not satisfactory. In other words, even if the publishing house attempted to work with an author to revise his manuscript, this attempt does not outsource the publishing house of its right to refuse the manuscript in good faith. „Complete” in the version interpreted by the publisher, the delivery of the manuscript and, in the case of a book of materials, generally includes the deposit of all additional material agreed upon by the author, such as illustrations, photos, indexes, diagrams, footnotes, authorization documents for the use of third party copyrighted material and, where appropriate, publication of photos and/or interviews. Only if the publisher receives all the elements of the work can the work be judged fairly for publication. The courts will not order the specific performance of a publishing contract. This is due to the fact that it would be almost impossible for a court to oversee such an injunction…


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