Novelists, Inc. Ninc Home Ninc Facebook Ninc Twitter
   

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).

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.