The author of “Peasant” and the publisher came to an agreement. Bestseller clause in action

Publisher Maryginesy and Joanna Kuciel -Frydryszak reached an agreement on the payment of additional remuneration for the author related to the market success of the book “Chłopki. The story of our grandmothers” – the publishing house said. Earlier, the author announced a lawsuit in connection with the disproportion between the salary and the success of the book.

– We have reached an agreement on the payment of an additional fee and we continue cooperation in the promotion and sale of the book “Chłopki” and the other titles of the author, which we have, or “Serving for everything” and “Słonimski. Heretic at the pulpit” – the editor -in -chief of the MARGINSY Hanna Mirska -Grudzińska publishing house told PAP.

She added There was a clause in the agreement that neither the publishing house nor the author will speak more about it.

In March, Joanna Kuciel-Frydryszak, author of the book “Chłopki. The story of our grandmothers” published by the Marginsy Publishing House announced the submission of a claim to the court, using the amended Art. 44 copyright, so -called bestseller clause.

She wrote then on her social media: “In connection with the huge sales success that the book” Chłopki “was my authorship, it turned out that the great benefits that the margins publishing published are disproportionately high in relation to my salary.”

Kucziel-Frydryszak told PAP that she got one proposal from the publishing house to resolve the situation, which she rejected, however. On her behalf, her representative contacted her publishing house.

She emphasized that her situation was unique. – First of all, the bestseller clause in its current form has been in force since September. Secondly, the sale of my book – approx. 540 thousand copies – belongs to the rare on the Polish market she explained.

She noted that the discussion provoked by her situation “goes much further and refers to the numerous problems that writers encounter on the Polish market – poor rates, unpredictable contracts, lack of full information about printed outlays, small advances and many other issues.” – I believe that the effects of this difficult matter for me personally may prove to be socially important and contribute to improving the situation of writers – she emphasized.

In response to the author's allegations, the Marginsy Publishing House published a statement on her Facebook profile, in which it was written that “(…) fulfills all provisions arising from the contract for” boys “, and at the same time from August 2024 he has talked with the author about the additional author's remuneration in connection with the extraordinary market success of the book.”

– Margins respect the rights of Joanna Kuciel-Frydryszak to pursuing their claims in legal path- said Mirska-Grudzińska in an interview with PAP. She informed that the legal sections of the author's publishing and office talked about the agreement. – In our opinion, these were good conversations aimed at resolving the matters during which we presented several proposals. However, this did not happen – she pointed out.

– We remain open to further talks and we believe that we will be able to find a solution by dialogue, which we conducted from August 2024 to March 14, 2025, when the last letter from the office of the office was received – she emphasized. She added that if an agreement failed to reach, the publishing house is ready for appearance in court in accordance with applicable law.

Mirska-Grudzińska said then that in 2020 Kucziel-Frydryszak concluded a publishing agreement with the Margin Publishing House on conditions that were approved before the publication of the book. – This agreement, like other original agreements concluded as part of the margins' Publishing Group, took into account the terms of remuneration, in accordance with our financial analyzes at the moment of signing it. The author's remuneration was specified in a transparent manner, and all financial obligations arising from the contract were on time and fully fulfilled – she supplemented.

She noted that the conditions of initial remuneration were the result of market analysis and negotiations conducted in good faith, in which both parties agreed to established principles of cooperation. The details of the contract are covered by a confidentiality clause, which is why the editor could not refer to a specific amount of remuneration and speculation of media based on historical and medium market data.

– In August 2024, Mrs. Joanna Kuciel-Frydryszak asked us to increase the fee, to which we agreed. We presented her expenditure plan and a publishing budget that directly affect the proposed salary scheme. The success of “Chłopki” is undeniable, which is why we have prepared an offer for the author corresponding to the possibilities of the publishing house – said Grudzińska.

She indicated that the Margins Publishing House presented the author with various financial gratification solutions resulting from the market success of the book, which is significantly above market standards. – At the same time, we accept the author's right to lack of acceptance of the proposed solutions and the desire to determine the remuneration by court – she said. – We care about agreement and further cooperation on subsequent projects by Joanna Kucier -Frydryszak on conditions favorable to both sides – she emphasized.

So -called The bestseller clause, which Kucziel -Frydryszak referred to from September 2024 – is a provision that allows you to overcome the principle that contracts should be kept. The parties arrange for specific salaries, and it turns out that later, despite the fact that it is explicitly indicated in the contract, the creators should increase this remuneration – explained in an interview with PAP, legal advisor Dr. Michał Markiewicz.

He noted that the bestseller clause had already functioned earlier, but concerned extreme cases. Currently, this threshold has been reduced. – In addition, the legislator introduced a requirement to determine the remuneration in a “fair” and “appropriate” manner in relation to each contract – he said. – There are relatively few decisions regarding this issue, while various entities actually paid a higher (additional) salary in the event of the success of the work. The demand for increasing remuneration is allowed – he said. (PAP)

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