Exclusive rights are often hemmed to a specific medium, such as exclusive rights to print, or exclusive rights to a specific geographic zone (such as North America distribution rights for traditional print). You're involved in contract *negotiations*. So, negotiate! Make your own proposals (such as for indemnification against third-party suits, and a clear clause giving you rights to derivative works), and seek clarification for any clause you don't fully understand. It's silly to sign the first draft of any contract you're offered unless you have some background or experience with the other party, especially when professionals, such as attorneys (who reflexively write contracts in favor of the party who hired them!), are involved. My recommendation? Get your own attorney to review the contract and suggest changes! I and almost all the other attorneys in town who do entertainment law regularly do contract reviews of this sort. And never rush a contract negotiation. Take your time!
Answered on Nov 01st, 2012 at 10:28 PM