Utgiverkrav

Utgiverkrav is a term used in Norwegian publishing and rights management to describe claims or demands raised by a publisher (utgiver) against authors, licensees, distributors, or other parties under a publishing or licensing agreement. The concept covers financial obligations arising from the exploitation of works, including royalties, advances that are recoupable, license fees, and compensation for contractual breaches.

Scope and typical content: Utgiverkrav can relate to traditional print and digital publishing, as well as subsidiary rights such as translations, film, or merchandise when handled by the publisher. Common items in utgiverkrav include unpaid royalties, recoupment of advances, charges for late payments, and claims arising from audit rights or breach of delivery and quality terms.

Process and dispute resolution: Utgiverkrav arise from contractual terms, invoicing routines, and audit provisions. Publishers typically issue itemized statements detailing calculations, deductions, and remaining balances. Disputes may be settled through negotiation, mediation, arbitration, or court proceedings. International or cross-border matters may involve applicable private international law and choice of law provisions.

Legal considerations: Enforceability of utgiverkrav depends on clear contract language, transparent accounting, and defined timelines for statements and payments. Authors and other parties may challenge calculations, request audits, or seek remedies for improper withholding, miscalculation, or misapplication of deductions.

See also: Contract law, Copyright, Publishing industry, Royalties.

Origin of the term: Norwegian. utgiver means publisher; krav means claim.