Donis here. My friend Dan Baldwin is a writer extraordinaire. He writes fiction and non-fiction, self publishes and publishes traditionally, ghost-writes, and co-writes. He does podcasts and YouTube appearances and puts out an incredibly informative blog blast. Safe to say that when it comes to writing, Dan's been there and done that. I found last Sunday's blog particularly interesting, so I asked his permission to reproduce it here at Type M. If you'd like to check out Dan's work and/or get on his mailing list, his website address is www.danbaldwin.com. You can contact him at baldco@msn.com
Publishing Agreements and
“We’ll Take Care of It from Now On."
by Dan Baldwin
When you hear the above phrase from a traditional publisher, consider the real meaning: The “it” refers to important rights to the work you have labored over, worried over, and might be just about to hand over to a stranger. Before signing a contract, have your IP attorney read it and advise you on signing or no way in hell do you sign this.
For example, the clause below is a direct transcript of just one section of a clause from a contract I received from a traditional publisher. This one clause referred to television rights.
(b) Additional Subsidiary Rights. Author hereby grants to Publisher the following additional subsidiary rights on an exclusive basis. The grant of any of these rights shall include the right to permit others (including, without limitation, Publisher’s subsidiaries and affiliated companies and Publisher’s or such others’ respective sublicensees or designees) to exercise such rights. The proceeds received shall be divided between the Authors’ and Publisher as specified:
Author’s Publisher’s
Percentage Percentage
50 50
“Television and Motion Picture Rights” means the right to create adaptations of each Work in the form of television programs, motion pictures or other audio-visual works and to reproduce, distribute, transmit, broadcast and exhibit copies of such programs, motion pictures and audio-visual works and to publicly perform such programs, motion pictures and audio-visual works via network, cable or satellite television, in motion picture theaters, and via other media in any digital or electronic form or by any digital or electronic means (including, without limitation, in any database or any mechanical, electronic, digital, optical or other storage or retrieval system, via the Internet, satellite, cable or any other mechanical, electronic, digital, optical or other distribution system, on any computer system or intranet, and on or via any storage or recording device, whether now known or hereafter developed, including any computer chip, memory chip or device, CD-ROM, digital audio tape, compact discs, or DVD), in any language or languages throughout the universe.
That was one of those no way in hell am I going to sign that agreements. Essentially the clause took the rights to my “it” away from me.
I responded respectfully, but forcibly, that the contract would be limited to publication of the single book in question and not to any further works of those characters, settings, and so on and so on. It’s my work; I decide which rights to grant and which to keep.
What was the publisher’s response?
“Okay.”
That was it. No big deal. You can’t blame the publisher, really. Acquiring as many rights as possible is part of their job. It’s not only a part of the writer’s job to hold on to as many of those rights as possible, it’s his duty.
As the author of a work you (1) don’t have to give away all your rights to your own work just to get published, (2) you can negotiate with a publisher, and (3) signing a bad contract can be much worse than not having a contract at all. If you want to give away some or all your rights, that’s your business, but make sure it’s your decision to do so. But, when reading the clauses in your contract, invest the time to ask one of my favorite questions. “Why is this a good idea?” If you can’t arrive at a satisfactory answer, it’s time to put down your literary foot and start negotiation. Wheel ‘n deal. It's okay to give a little to get a little. But don’t give away the farm just to see your name on the cover of a book.
Quote of the Day: “Common sense in an uncommon degree is what the world calls wisdom.” Samuel Taylor Coleridge
Recommended Reading: Literary Law Guide for Authors by Tonya Marie Evans and Susan Borden Evans
