Simon and Schuster contracts changing – for the worse!
Publishing powerhouse Simon and Schuster has changed their author contracts so that the rights to a book may never revert back to the author. Agents and writer’s groups alike immediatley denounced the move by the publisher, as saying the change in the contract deviates from what has long been a standard industry practice. According to an article on Publisher’s Weekly’s website, the Author’s Guild was quick to respond:
Yesterday, the Authors Guild publicly raised the issue by sending an alert warning members about the change and urging them to consider not doing business with S&S.
Simon and Schuster contends that that part of the contract is up for negotiation, however, many are quick to point out that if the publisher took the time to change the contract, then they must be pretty serious about keeping it the same. Thus only well-known, bestselling authors would be the only ones to have any chance of getting the contract changed to have more standard wording.
DeFiore said the offer by S&S to negotiate with agents and authors over the reversion issue might work for a few bestselling writers, but he added that since S&S "is going through the pain of instituting this policy, clearly they’re not going to back off unless the agent holds all the cards in a negotiation." Georges Borchardt, head of the Borchardt Agency, said the move had the potential to create a two-tiered system where big authors would get a decent contract and others would not. If the policy stands, Borchardt sees the possibility of major authors only signing deals for a 10-year period, rather than for length of copyright.
I’m guessing that this move on the part of Simon and Schuster will probably backfire. The relationship between author and publisher is a two-way street. They both need on another. If the publisher makes a contract that is so unfavorable to the author, I imagine they will have a hard time signing on new authors, or even retaining their old ones.
What bothers me the most, perhaps, is the idea that the bestselling authors would be the only ones to have any negotiating power whatsoever when it comes to book rights. As quoted above, this could create a system where the big authors who sell a lot of books get a fair contract, while the new author will get screwed over.
The only good that can come from this is that it will only empower those authors who are inclined to self-publish their work. It will also empower those who use the internet and other digital technology as a way of side-stepping the big publishing houses. Luckily for most writers, the advent of the internet and technology has really leveled the playing field to the point where we have more options than ever when it comes to getting our work out to readers.
Hopefully Simon and Schuster will change their ways (although I’m not holding my breath at the moment). This appears to be a case where they are biting the hand that feeds them. Perhaps if they continue to make these stupid moves, there will be no one left to give them any food at all!
Read the entire Publisher’s Weekly article here:
Agents angered by S&S "Rights Grab"
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