Monday, May 21, 2007

Simon & Schuster rights grab

It seems that the battle never stops - if it's not publishers trying to buy all rights, then it's this:
Simon & Schuster has changed its standard contract language in an
attempt to retain exclusive control of books even after they have
gone out of print. Until now, Simon & Schuster, like all other major
trade publishers, has followed the traditional practice in which
rights to a work revert to the author if the book falls out of print
or if its sales are low.

The publisher is signaling that it will no longer include minimum
sales requirements for a work to be considered in print. Simon &
Schuster is apparently seeking nothing less than an exclusive grant
of rights in perpetuity. Effectively, the publisher would co-own
your copyright.

The new contract would allow Simon & Schuster to consider a book in
print, and under its exclusive control, so long as it's available in
any form, including through its own in-house database -- even if no
copies are available to be ordered by traditional bookstores.

Other major trade publishers are not seeking a similar perpetual
grant of rights.

We urge you to consider your options carefully:

1. Remember that if you sign a contract with Simon & Schuster that
includes this clause, they'll say you're wed to them. Your book will
live and die with this particular conglomerate.

2. Ask your agent to explore other options. Other publishers are not
seeking an irrevocable grant of rights.

3. If you have a manuscript that may be auctioned, consider asking
your agent to exclude Simon & Schuster imprints unless they agree
before the auction to use industry standard terms.

4. Let us know if other major publishers follow suit. Any
coordination among publishers on this matter has serious legal
implication
s.
This is from the Author's Guild, with permission to forward and disseminate - what it means is fairly obvious - once you sign with S&S, they own the work from now until the world ends. Will they get away with it? Will it become the new industry standard? The answer to the second will depend on how successful they are at actually forcing authors to sign their rights at least partly over to S&S for what amounts to perpetuity. Yeah, you can negotiate, but let's face it - how many new or mid-list authors get that kind of clout? Anyway - spread the word, at least let us be informed of when we're being raped, rather than it appearing as a surprise when the contract shows up.

1 comment:

Donna Farley said...

OUTRAGEOUS. as usual...