All New PUBLISHING UNIVERSITY: November 4-6, 2007
Rights Track

Session 4:
November 6, 8:30 am – 10 am
Speaker: Brian Flagler


Session Title:

Is Your Publishing Agreement Up-to-Date?
(With cameo appearance from Steve Laube
The Steve Laube Agency)

Session Summary:
Does your company’s standard publishing agreement (author agreement) take advantage of the current state of the law and the business of publishing? As a publisher/acquisitions editor/contracts manager, do you understand all of the provisions of your publishing agreement? Are you acquiring all of the subsidiary rights that your house is positioned to exploit? We will discuss a selection of clauses you should consider including in your publishing agreements, and a number of clauses that are often misunderstood. Attendees will then gain the author’s perspective on these clauses by watching a live debate between the facilitator and an experienced literary agent.

Session Outline:
  • Key clauses in publishing agreements
  • Acquiring subsidiary rights
  • Cross-collateralizing and offsetting royalties and advances
  • Reserve for returns
  • Electronic download royalties: sale or sub rights license?
  • Copyright update: author termination rights

Speaker Bio:
Brian Flagler founded Flagler Law Group in spring 2006, where his practice focuses on publishers, designers, producers, and distributors of Christian media. Before founding the firm, Mr. Flagler served as Vice President of Administration & General Counsel of Multnomah Publishers, Inc., where he led the human resources, information technology, operations, and legal departments and was responsible for all corporate legal matters for the company. Mr. Flagler also served as a member of Multnomah’s executive leadership committee. Previously, Mr. Flagler practiced intellectual property and corporate law in the Portland, Oregon office of Davis Wright Tremaine LLP, a leading international media firm. Prior to moving to the west coast, Mr. Flagler practiced with Troutman Sanders LLP in Atlanta, Georgia and served as adjunct instructor of intellectual property law at Clayton College & State University. Mr. Flagler holds a Juris Doctor from the University of Virginia School of Law

Steve Laube, a literary agent and president of The Steve Laube Agency, has been in the book industry for over 26 years, first as a bookstore manager and book buyer for a major national chain. While manager, his store was named National Store of the Year by the Christian Bookstore Association (CBA) in 1989, out of 4,000 eligible stores. He spent 11 years with Bethany House Publishers rising to the position of Editorial Director/Adult Nonfiction. In 2002 he was named the Editor of the Year by the Advanced Writers and Speakers Association. He has edited over 150 books, written one, and produced numerous articles. He has taught at writer’s conferences in more than 50 cities. His office is in Phoenix, Arizona.

Brian Flagler
Brian Flagler
Steve Laube
Steve Laube