Quote:
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The Work shall not be deemed "out of print" within the meaning of this Paragraph as long as it is available for sale either from stock in the Publisher's or licensee's warehouse or in regular sales channels including in a Print-On-Demand capacity.
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What that means is that the book will never revert. So long as it is sitting in a database somewhere, the book won't go out of print, even if Tico is unable to promote or market it effectively, nor will the author regain his rights, even if it hasn't sold a copy in a decade and no physical copies exist.
That's unacceptable. I'd line that out and write in "The Work shall be deemed "out of print" within the meaning of this Paragraph if it is not available for sale from stock in the Publisher's or licensee's warehouses and if it sells fewer than 250 copies in a six month period in a Print-On-Demand capacity."
If you don't like 250 copies in six months, come up with a number in a timeframe that is acceptable both to the author and the publisher. There must be a positive and objective way to tell if a book has gone out of print.