Comments on: Random House now claiming ebook rights to backlist titles

By: hart

hart — Sun, 03 Jan 2010 02:00:47 +0000

April,

The book you refer to is called “The Writer Got Screwed (but didn’t have to” by Brooke A. Wharton.

A Reader

By: Melissa Donovan

Melissa Donovan — Wed, 16 Dec 2009 05:46:04 +0000

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

By: April L. Hamilton

April L. Hamilton — Tue, 15 Dec 2009 04:01:51 +0000

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an offer in the first place that they’re leery of asking for any changes, as if they fear the offer may be completely withdrawn as a result.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