Common use of Out of Print Clause in Contracts

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.