Model Trade Book Contract

12.

Promotional Materials/Promotion by Author.

    1. Author shall submit to Publisher, for use in connection with the publication, licensing, and promotion of the Work, pre-approved biographical data and a pre-approved photograph of Author, of a quality acceptable to Publisher.

    1. Publisher may use, or permit others to use, Author's name, approved biographical information and likeness (obtained pursuant to the Subsection 12(a) above), the title of the Work, and selections from the Work in advertising, promotion, and publicity related to the publication and/or licensing of the Work, including broadcast, without charge, by radio, television or cable, or distribution via any form of electronic transmission, including online or satellite-based data transmission. Author may use the same portions of the text of the Work that Publisher makes available for promotional use, provided that such use carries any copyright or other notices required by Publisher. Author's use of any additional material from the Work for promotional purposes shall be subject to Publisher's approval.

    1. All details of Publisher's advertising and promotion of the Work shall be determined by Publisher with the understanding that the Author may promote the Work independently by any means. Author will reasonably cooperate in Publisher's promotion of the Work, upon Publisher's reasonable requests and at Publisher's expense, subject to Author's reasonable availability in light of the Author's other professional and personal commitments.

Commentary

Most publishers' standard contracts give authors approval rights over the use of their name, autobiographical text, and likeness—as used in the book or in any promotion of the book. That does not mean that you will have the right to approve each and every use, but you will have approval over the way your name appears (whether your real name or a pseudonym), the images of you used, and the text of your bio—and indeed, it is usually the author's responsibility to provide the author photo and bio.

 

If you have written the work under a pseudonym and you want to ensure that the publisher does not advertise or promote the work using your real name or your other pen names—or vice versa—then you will want to be sure to carefully review and negotiate this provision.

 

If your contract requires you to engage in promotional activities, you should make sure that it includes a statement that your obligation to participate in these activities depends upon whether the publisher's request is reasonable in light of your other professional and personal responsibilities. Whether your participation is reasonable or not should depend upon whether you have pre-existing scheduling conflicts. The dates, times, and locations of any appearances should be mutually agreed upon by you and the publisher, and the publisher should pay reasonable travel expenses. Also, note that promotional activities may not be limited to tours, interviews, and readings, but may include blogging, podcasting, online chats, or social media communications. If so, you should try to make your participation in those activities subject to your approval.