Random House now claiming ebook rights to backlist titles

Random House is claiming 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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