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|German to English translations [PRO]|
Law/Patents / publishing contract
|German term or phrase: Honorarvorschuesse, die noch nicht verrechnet sind|
|If the Publisher’s edition of the work is out of print, or is no longer offered and delivered, the Author is entitled to request in writing that the Publisher produce and distribute an adequate number of further samples of the work at the latest within three months after receipt of the request. If the Publisher fails to undertake such obligation, the Author is entitled to rescind the publishing contract by written declaration.|
Die Geltendmachung dieses Ruecktrittsrechts des Verfassers ist davon abhaengig, dass der Verfasser etwaige Honorarvorschuesse, die noch nicht verrechnet sind, zurueckerstattet.
Return advance royalties that have not yet been (offset, debited, absorbed, charged, cleared)?
6 mins confidence: 2 hrs confidence: 8 hrs confidence:
"Where the author exercises his/her right to rescind the contract, the author shall reimburse [the publisher for] any royalties paid in advance to the extent that these royalties have not been offset against any payments due."
Obviously, royalties have been paid to the author in advance, meaning that the author hasn't delivered the goods yet. Therefore royalties have been paid for nothing and the author would have to reimburse the publishing house if he/she wishes to withdraw from the contract. However, there may be other payments that are due to the author and to be made by the publishing house. Now, those payments may be offset against the royalties, which means that the author has to refund the royalties received only to the extent that these exceed any payments due to the author from the publishing house.
In this context, "verrechnen" does not have anything to do with the clearing by banks and the like.
Prof. exp. as German/NZ lawyer
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refund advance royalties not yet accounted for
Although 'verrechnen' is usually all you mentioned in the question, in this context I think we are talking about royalties that have been paid 'on spec', as it were. They have not yet been matched by actual sales, so the accounts do not show concretely how they are to accounted for. Hence the above suggestion.
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