"Is this the worst paragraph in your publishing agreement?"

The Passive Voice, a blog I follow that has tons of information for authors, has a really important post today entitled "Is this the worst paragraph in your publishing agreement?"

The advice in here is good for not just authors. App developers and film/TV producers should know about it too.

Three elements in a standard audit clause, and one non-standard one you should request

Unless you're taking cash from purchasers of your books or CDs at a county fair or equivalent, there is always someone standing between you and your money. Even if it's just VISA or Paypal for sales through your website. But much more often there's one, and sometimes as many as three, groups between money and you:

1. The retailer.
2. Your publisher, distributor, etc.
3. Your agent.

Naturally the retailer is in the chain of payment. In a traditionally-published product your publisher couldn't not be in the middle: they've got the relationship with the retailers. And your agent will want to be in the middle if they have any sense - that way they can make sure they get their cut.

What you need to know about reversion of rights clauses

For many creators, one of the most exciting days of their lives is the day they find out they will be published. Another is the day they receive their first payment. And sometimes there's a third exciting day too: the day they get their rights back from their publisher.

Especially now that independent distribution of books and apps through things like the Kindle Marketplace and the Apple App Store isn't just possible but is also lucrative for many creators, getting your products back can increase your backlist and income.

It's not super-important to worry about reversion clauses in a non-exclusive deal. After all, if you can sell your creations in multiple channels then it's hardly a problem to be in as many as possible. But where anyone locks you into an exclusive deal then you may want to make sure you can get your rights back if they aren't actively trying to make you money with them.

And although every publisher has different reversion clauses, there are a few standard elements that you need to consider.