Out of Print Clause Samples

Out of Print. If the Translation shall become out of print and unavailable (meaning sales across all editions of the Translation total less than 150 (one hundred and fifty) copies (the “Reversion Level”)) in one royalty period in all editions and formats issued by the Publishers then the Owner may give notice in writing to the Publishers to revive sales of the Translation to the Reversion Level within 6 (six) months. In the event of the Publishers’ failure to revive sales of the Translation to the Reversion Level within such 6 (six) months, the Owner shall be entitled to terminate this Agreement forthwith by notice to the Publishers, whereupon this Agreement shall terminate.

Out of Print. If at any time the demand for the Work is not sufficient, in the opinion of the Company, to render its continued publication profitable, Company may declare the Work out of print. Company agrees not to remainder any copies of Work without offering Client an opportunity to purchase them at a price to be determined by Company and Client, as set forth below in Section 19.

Out of Print. If Publisher finds that the sale of The Book, in print format, reaches a point not justifying reprinting, it shall have the right to declare The Book as out of print. Publisher shall advise Author of this declaration, and Author shall have the right for thirty (30) days from such notice date to request copies of the electronic files, if any, of The Book and, if Author so desires, to purchase any remaining stock, if any, of The Book at manufacturing cost plus shipping charges. If Author fails to request the electronic files or fails to purchase any remaining stock, Publisher may dispose of any such files, and books without further liability for royalties. If Publisher, in Publisher’s sole discretion, determines that further publication or dissemination of The Book in any format is not in Publisher’s best interest, then Publisher shall have the right to declare The Book as out of print and cancel this Agreement; provided, however, that no such declaration may be made by Publisher earlier than three years following first publication of The Book. A declaration that The Book is out of print will not relieve Publisher of its obligations to pay Royalties owed by Publisher to Author under Section 8. When The Book has been declared out of print, all publishing rights return to Author, excluding any outstanding licenses under this Agreement.

Out of Print. If, after the expiration of one (1) year from the date of Random House’s first publication of the Work, the Work is out-of-print, the Proprietor may make written demand to Random House to reissue or license rights in the Work. Random House shall notify the Proprietor in writing within sixty (60) days after its receipt of a demand whether it intends to comply. If Random House does not respond or if, within six (6) months of its notice that it intends to comply, Random House has not complied by reissuing the Work or entering into a sublicense for a new edition with a sublicensee who shall then reissue the Work, then the rights with regard to such title shall terminate and all rights to that title granted to Random House shall revert to the Proprietor. Such reverted titles may be published by TPR itself, subject to Random House’s reasonable and prior written approval, which shall be based on whether the publication of such reverted title will impair the value of any of the rights granted to Random House under the Agreement. Upon termination, the Proprietor shall have the right for thirty (30) days to purchase the plates or film, if any, at one-fourth (1/4th) of the cost (including typesetting). For the purposes of this paragraph, the Work shall be considered in print if it is available for sale in the United States in a full length English language edition or if a contract for its publication by a sublicensee of Random House for publication within eighteen (18) months is outstanding. This Paragraph 24 shall not apply to Annuity Titles.

Out of Print. The Author agrees that, if the sales of this Work decrease to such an extent that in the opinion of the Publisher it is no longer profitable for the Publisher to continue this work in print, the book may be allowed to go “out of print”, in which case this Agreement shall terminate and all rights to the work not already disposed of will revert back to the Author. The Author shall have first option to purchase any remaining unsold copies of the Work at the manufacture price (the cost of typesetting, printing, and binding).

Out of Print. In the event that the Work shall at any time be out of print (as defined below in Section 11.1(c)), the Author or the Author’s representative may give notice thereof to the Publisher, and in such event the Publisher shall, within sixty (60) days of such notice either: (a) revert to the Author in writing all rights to the Work granted to the Publisher in this Agreement; or (b) declare in writing that it intends to bring out a new printing of the Work under the Publisher’s own imprint within six (6) months. Failure to give either the written reversion of rights to the Author, or provide written notice of intent to publish, shall cause all rights herein granted to revert to the Author at the expiration of the 60 day period, without further notice or procedure. The Publisher’s failure to publish within six months after providing a notice of intent to publish shall cause all rights herein granted to revert to the Author at the expiration of the six month period without further notice or procedure. (a) Any reversion of rights shall be subject to grants of rights made to third parties prior to the date of the reversion and the right of the Author and the Publisher to participate in the proceeds from such grants. (b) If the Publisher fails to provide a written reversion of rights as required under Sections 11.1 and 11.3, the Author may record this page of the Agreement with the United States Copyright office, together with a statement of such default by the Publisher. (c) The Work shall be considered out of print whenever the Work is not available in the United States through regular retail channels in an English language book form edition (not print-on-demand, e-book, or other electronic or mechanical means of reproduction); or when the Publisher fails to list the Work in the Publisher’s catalog; or when annual sales of the Work fall below one hundred (100) copies and/or the stock of the Work falls below fifty (50) copies.

Out of Print. Should the Publisher at any time allow the Work to go out of print, the Author shall be entitled by notice in writing to request them to publish a reprint or a further edition, and in the event of their failing either to publish a reprint within six months of such a request or to offer within three months to publish a further edition, all rights not disposed of shall revert to the Author, who shall be free to license any other person to publish the Work, notwithstanding anything to the contrary in any part of this Agreement.

Out of Print. 12.1 If the Work shall become out of print and not be available in any edition, including electronic editions, issued by the Publisher or authorised by him, the Editor may give nine months’ notice in writing to the Publisher to reissue or reprint the Work. 12.2 In the event of the Publisher's failure to comply with such notice other than through circumstances beyond his control, all the Publisher's rights in the Work shall upon expiration of the said notice terminate without prejudice to all rights of the Publisher or any third party in respect of any Agreement properly entered into by the Publisher hereunder with any such party provided that the Editor shall refund to the Publisher any advance payment as yet unearned made in accordance with Clause 7 hereof. The Editor's requirement that the Work be reprinted shall be regarded as satisfied if at the time of the Editor's giving notice the Publisher has sub-leased rights for an edition scheduled for publication within twelve months of such notice being given.

Out of Print. If at any time two (2) years or more after the ------------- original publication date of a particular SI Book(s), said SI Book(s) is out-of- print (no longer published) for a period of twelve (12) or more months, TS will, upon written request from SI, either restore the same to print (publication) within twelve (12) months, or revert to SI all rights of SI in the SI Book(s). Any licenses previously granted will continue in effect, and TS will be entitled to its share of amounts received under any such licenses. A Book(s) will be deemed in print (offered for publication) so long as it is in stock or on sale in any print edition by TS or any of its licensees