Slowly, traditional publishers have realized that backlist titles are worth a lot of money. As I wrote recently, traditional publishers are slowly figuring out that they are no longer in the manufacturing business, they’re in the rights business.
So they’re buying—and holding—rights. Years ago, when I got angry at a publisher for their misbehavior, I offered to buy back the rights to one of my books. It caught that publisher flat-footed. No writer had ever done that, and the publisher had no idea how to estimate the books’ value to the company.
Now, I’m hearing from more and more writers that their publishers insist on the writers paying to get rights reverted.
It feels odd to talk about how a contract ends when you’re entering a brand new relationship with a publisher. Both of you feel like this is a Great Thing, and it’s all shiny and celebratory and marvelous. And maybe your relationship will be that way.
But the law is all about planning for the worst-case scenario, not the best case. It’s all about protecting someone, so that someone, in my opinion, should be the writer, not the publisher.
Since 2009 or so, publishers have gotten quite nasty about contracts. In short, they’re refusing to let any contract terminate.
This is causing all kinds of problems for writers.
Writerly weirdness causes conflict with our careers and our businesses, in part because we are (as a group) imaginative, rule-bound, pessimistic, ethical, and the center of our own small universes.
We bring all of those things into the realm of contracts.
Be honest with yourself: What do you imagine will happen to you if you don’t follow your book contract to the letter?
Writer Teri Kanefield emailed me after reading the non-compete blog and mentioned that non-compete clauses are mostly illegal under California law, with rare exceptions. She also suspected that they were illegal and thus unenforceable under New York law.
She had reasons for that. I asked her to send me a few citations, so that I could essentially try to recreate her argument, although I admit, as a non-lawyer, I felt uncomfortable doing that. Then she suggested doing a guest blog for me on this topic, and I jumped on it. She’s written it in the form of a letter. It’s fantastic.
I want all of you—indie, hybrid, traditional, with non-competes and without— to read this letter, which follows. I will give you each some non-legal advice on what to do after you’ve read her letter at the end of this blog post.
I was going to write a blog on why you never hire people for a percentage of your sales for the life of the project. I was going to look at some of the contract terms that writers should be wary of, from companies like Booktrope, companies that still exist.
And then I choked on a big gigantic paragraph in the Booktrope sample author agreement. This big gigantic paragraph is the one thing that allowed Booktrope to raise millions of dollars. Had Booktrope succeeded, that success would have come at the expense of its authors.
The scary thing is that other companies are behaving the exact same way.
Okay, I’m not completely a slacker. But I’ve been slow in updating you on all that’s been going on. That’s partly because I’ve been writing a Diving Universe novel that kicked my butt all winter. I finished draft one yesterday. Yes, I said Diving Universe. I started out writing a novella to explain something to myself, and ended up with at least 100,000 words. (That’s […]
As I’m revising the old Dealbreakers book, I am finding a lot of material that no longer applies. 2011-2013 was a transitional period in the ebook revolution. Traditional publishers didn’t know anything about ebooks, and writers had a lot more leeway in what they could do.
Now, things are so different that some of the contracts I’m touching feel toxic to me. I want to wash my hands after holding them.
As many of you know, I’m revising the book Dealbreakers, which I published in 2013. This piece is the second revision of this topic that I’ve done. Please remember as you read this that I am not an attorney, and nothing in this post should be considered legal advice. I probably should have called this post Short- and Long-term Thinking, or maybe just Thinking. Because […]
For all the dreams of having work last forever, writers are their own worst enemies in making those dreams come true. And the mistakes happen in the little decisions.
Let’s take the option clause…