Random House now claiming ebook rights to backlist titles
Random House is c
laiming the ebook rights to a majority of its backlist titles, according to RH chairman Markus Dohle. This move shows, yet again, that authors are better off without a large publishing company. Once you sign over your book to them, they can pretty much do whatever they want.
RH made their intentions known in a letter Dohle sent out to literary agents, which you can find a link to in this Publishers Weekly article (note: link opens up a PDF file). After reading the letter, I found it interesting that the entire first page is filled with corporate marketing propaganda, and then promptly lays down the law that RH has exclusive rights to publish an author’s work in ebook format:
In his letter, Dohle makes clear that RH believes the “vast majority” of its backlist contracts “grant us the right to publish books in electronic formats,” while older agreements “often give us the exclusive right to publish ‘in book form’ or ‘in any and all editions.’
In other words, if you’re an author wanting to self-publish your novel as an ebook (on Smashwords or on the Kindle, for example), you’re screwed. Authors and agents alike are not happy about this move by Random House. According to this New York Times article Legal Battles over E-Book Rights to Older Books this could have unintended consequences for the publishers:
But authors and agents are particularly concerned that traditional publishers are not offering sufficient royalties on e-book editions, which they point out are cheaper for publishers to produce. Some are considering taking their digital rights elsewhere, which could deal a financial blow to the hobbled publishing industry.
I think these large traditional publishing houses need to tread very carefully with how they handle ebooks. Random House is playing this ebook rights grab and Simon & Schuster is planning to delay the release of ebooks 3-4 months after the print hardcover is released. Not very smart moves, if you ask me. Ebooks might end up saving traditional publishing, but only if they don’t screw it up first.
This is where indie authors have the advantage: They can sell their work in multiple formats without giving up any rights – thus keeping more of the revenue. And indie authors can also publish on multi-format sites like Smashwords where you can buy ebooks for most ebook reading devices.
Photo Source: Flickr via Creative Commons
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Mark -
While I agree with you that indie authors are sitting in the cat bird seat with respect to rights, it’s worth mentioning that contracts *are* negotiable.
I am not faulting the authors or agents involved in this brouhaha, as their contracts were negotiated and signed long ago, and in many cases long before the very notion of such a thing as an ebook existed. Rather, I’m speaking to authors who currently, or may in the future, have a publishing contract offer in hand.
Many first-time authors feel so lucky to have an offer in the first place that they’re leery of asking for any changes, as if they fear the offer may be completely withdrawn as a result. I can tell you from personal experience dealing with contracts related to both screenplays and a book, so long as the author’s requests aren’t unreasonable and are presented in a professional manner, the worst that will happen is the answer will be “no”.
Certain publishing contract clauses are common enough to be considered boilerplate, but that doesn’t mean the author must accept them as-is. One such clause involves signing over rights to publish the manuscript’s content in forms or media “not yet invented”, which means you’re signing away rights that don’t even exist yet. This is one to watch for, and to request that the publisher strike from the contract.
I highly recommend the book The Author Got Screwed (But Didn’t Have To) for much more advice on red flags to watch out for in literary rights contracts, and for advice on how to negotiate them effectively.
April L. Hamilton´s last blog ..Death and Taxes
My understanding is that many contracts give the publisher print rights while audiobook rights remain with the author. Also, in film and music, I believe a precedent has been set for differentiating between various media formats (remember the writer’s strike a couple of years ago — it dealt with new media). My guess is that (at least some of) Random House’s claims to the digital property wouldn’t stand up in a court of law, especially if they are disenfranchising an author by refusing to issue electronic copies. But in this crazy world, who knows? The judge and jury might go with the publisher. These are definitely issues that every writer should be aware of.
Melissa Donovan´s last blog ..Fostering Creativity for Better Writing
April,
The book you refer to is called “The Writer Got Screwed (but didn’t have to” by Brooke A. Wharton.
A Reader