NINC DIGITAL RIGHTS GROUP

Report to the Board of Directors
June 11, 2011

RE: Consultation with Elaine P. English, PLLC, on the subject of Harlequin's claims to digital rights NOTE:  When, in her analysis, Elaine, at times, refers to a specific contract by year, that contract is the representative 'model' contract we sent her (please see chart). Contract Groupings Analysis of 'model' contracts Follow up questions from the Group and Elaine's answers 'Model' contract chart (this page) Dowload Chart Harlequin Digital Rights Letter from Ninc

Disclaimer: 

The chart and this memorandum were prepared based upon certain contracts selected by the client group as representative “models” of Harlequin series contracts from their own files.  The memorandum and chart are based solely on these specific contracts and are not intended as all-encompassing of all Harlequin contracts from this time period.  The advice herein given was intended for the benefit of the client group.  It was not written as, nor intended to be, general legal advice for any other authors, including other Harlequin series authors.  Anyone using the chart or relying upon the memorandum should carefully compare his/her own contract to the terms of the model contracts outlined in the chart and should consult with  his/her agent and/or attorney before making any decisions.

date of contract	digital rights	DR prov	royalty rate	RR prov	OOP definition	# of yrs. OOP	reprint period	digital OK	length of extension	applic. Law	misc. notes
1982 M&B	? Prob. Not. lang. is "publish"	3,7	no prov. no catch-all	7	not defined	none specified	9 mos	n/a	no extension	English?	arb. Clause no lang. re: P's publ discretion
1983 HEBV	yes, any other rt. now existing or may hereafter come into existence	1	100% 90% if 3rd P	12	pub. Discontinue manufacture	n/a	n/a	n/a	n/a	NY	no prov. For Author to demand discretionary with publ. 18. limited P's determination - 8
1985 HEBV	yes, info storage & any other rights now existing or MHCIE	1, w,z	50% of NR	13 a 13, 16	not in print and for sale in any Pub or licensees' edition	7 yrs. From 1st publication	9	n/a uses term "reprint"	n/a	NY	digital copy not enough to keep IP 10 P determines format
1986 HEBV	yes, info storage & any other rights now existing or MHCIE	1, w, z	50% of NR	13 a 13,16	not in print and for sale in any P or licensees' editions	7 yrs from 1st publication	9	n/a uses term "reprint"	n/a	NY (?)	digital copy not enough to keep IP 10 P determines format
1987 HEBV	yes, e-publishing rights included def, as use in electronic info system NIEOHI	9 m	50% of all monies rec'd by P.	9 m	not in print and not available at least 1 edtion pub by P or lic.	7 yrs from date of publication	9	n/a "reissue" or "reprint"	n/a	NY	reversion no longer counts from 1st publication 3(a) P controls all aspects of publ.
1991 HEBV	?, info storage & retrieval system use	1z	50% of NAR	15 m	not in print, not for sale and no rts. Being exercised by P, RL, UL (req. all)	7 yrs. From last date of exercise of any right	9	digital not enough for extension	5 yrs from exercise and any subseq. exercise	NY	first appearance of extension right after A demand for reversion 13 P determines format, etc. no language about later invented rts. equivalent protection for licenses
1993 HEBV	yes, info storage & any other rts. Now existing or MHCIE	1 z bb	50% of NAR	15 m	not in print, not for sale and no rts. Being exercised by P, RL, UL (req. all)	7 yrs from last date of exercise of any right	9	digital not enough for extension	5 yrs frm exercise and any subseq. exercise	NY	13 P determines format, etc. equivalent protection for licenses
1995 HBSA	yes, info storage, retrieval & electronic transmission	1 q	50% of NAR	16 K	not in print, not for sale and no rts being exercised by P, RL,UL	6 yrs from last date of exercise of any right	18	yes, digital enough	5 yrs from exercise and any subseq. exercise	NY	actual definition of NAR; also severance prov. Req. parties to meet in good faith to negot. Replacement prov 14a P controls utilization & non-utilization equivalent protection for licenses
1995 HBSA (March)	yes, info storage, retrieval & electronic transmission & any other rights NKOHI	1 q, ac	50% of NAR	16 K	not in print, not for sale, and no rts being exercised by P, RL,UL	6 yrs from last date of exercise of any right	18	yes, digital enough	5 yrs from exercise and any subseq. exercise	NY	def. of NAR, severance prov. 14a P controls utiliz. & non-utiliz. equivalent protection for license
1995 HBSA agented	yes, info storage, retrieval & electronic transmission & any other rights NKOHI	1 q, ac	50% of NAR	16 k	not in print, not for sale, and no rts being exercised by P, RL, UL	6 yrs from last date of exercise of any right	18	yes, digital enough	5 yrs from exercise and any subseq. exercise	NY	def. of NAR, severance prov. 14a P controls utilization & non-utili. equivalent protection for licenses
1996 HBSA	yes, info storage, retrieval & electronic transmission & any other rights NKOHI	1 q, ac	50% of NAR	16 K	not in print, not for sale, and no rts. Being exercised by P, RL, UL	6 yrs from last date of exercise of any right	18	yes, digital enough	5 yrs from exercise and any subseq. exercise	NY	def. of NAR, severance prov. 14a P controls utilization & non-utiliz. equivalent protection for licenses
2004 HBSA	yes, electronic use & ARNKOHI	1 d, ac	6-10% of CP; outside NA, 4%; 2% of non-Engl.	16 g,h,i	not in print, not for sale and no rts. Being exercised by P, Rl, UL	5 yrs. From last date of exercise of any right	18	yes, Engl. digital enough	5 yrs from exercise auto reversion after 5 yrs.	NY	def. of NAR adds to taxes legal fees 14 a P controls utilization & non-utiliz. severance prov.
2006 HBSA	yes, electronic use & ARNKOHI	1 d, ac	6-10% of CP; outside NA, 4%; 2% of non-Engl	16 g,h,i	not in print, not for sale and no rts.being exercised by P, Rl, UL	5 yrs. From last date of exercise of any right	18	yes, Engl. digital enough	5 yrs. From exercise auto reversion after 5 yrs.	NY	def of NAR incl. taxes & legal fees 14a P controls utiliz. & non-utiliz. severance prov.
2010 HBSA	yes, electronic use internet, interactive ARNKOHI	1b(iv,v,vi) xxv	6-10% CP in US & Canada; outside 4-7% 2% non-Engl; chunks; 50% of NAR; pro-rated	16 d	not in print, not for sale and no rts being exercised by P, RL, UL	5 yrs. From last date of exercise of any right	18	yes, any digital is enough	5 yrs from exercise auto reversion after 5 years		def of NAR only sub-agent comm & taxes severance prov. 10d P controls utiliz. & non-utiliz.
2010 HBSA	yes, electronic use, internet, interactive ARNKOHI	1b(iv,v,vi)	6-10% CP in US & Canada; outside 4-7%; 2% non-Eng; chunks; 50% of NAR; prorated	16 d	not in print, not for sale and no rts being exercised by P, RL, UL	5 yrs. From last date of exercise of any right	18	yes, any digital is enough	5 yrs from exercise auto reversion after 5 years		def of NAR only sub-agent comm & taxes 10d P controls utiliz. & non-utiliz. severance prov.