Friday, October 26, 2012

The Question of Rights

Oh, the politics of publishing...

So there's a great fear when working on publishing your book surrounding the question of contract...will you get jipped, or taken advantage of? Will you entrust your brain child to a publisher who really has no idea what they're doing, and if you had just known 'the signs' you could have avoided it!!

The truth is, you're not going to be an expert on everything. Now you could do a ton of research and read all the books, blog posts, articles, and referendums in order to get as much knowledge on the subject as you can. Or you could hire a lawyer to read through the kinks and loopholes with you. Either one is the extreme side of reaction to that publisher saying yes. Perhaps you don't need a lawyer, but you should at least have a clue about what it is you're getting in to.

For example, the question of money. If a publishing company or an agent ever asks you for money to read your work, run in the opposite direction! I believe I've mentioned this before on occasion. Unless they're an editor whose services you are hiring, you should not pay dime one for eyes to look at your book. Publishers like this are called 'subsidy publishers'. You pay them to 'publish' your book. What this should actually be called is 'self-publishing-with-help'. Most self-publishers you pay a fee, they print the book and market it for you. Subsidy publishers, guess what. They do the exact same thing. You should never have to pay someone for the privilege of publishing your book. It's the other way around. You don't pay to give up your art-- they pay you.

So contracting comes around to set down the rules and regulations concerning your book. Kristine Kathryn Rusch writes an incredibly in-depth and informative article, "Rights Reversion", in which she outlines information about contracting and rights. One of the most important initial facts she divulges is this:

"Here’s the truth of it, folks. You—one writer—can have twelve book contracts with the same company, and each contract might have different terms from other contracts. In other words, you might have spent your entire publishing career with one publishing house. You might write the same type of book year after year, and you still might have twelve different contracts, with twelve different terms, including twelve different reversion clauses."
 Rusch makes it clear from the start that you have to decide for yourself what's best for you, because no singular example is going to be 'the way' to go. Sound familiar? Boy, when does anything get solidified in the writing world.

Are those crickets I hear?

Rusch does, however, manage to list off some generalities about contracting and reversion clauses that are helpful. Now I guess it's important to generate a definition for a reversion clause. A reversion clause essentially dictates when the rights of a book return to the author (as opposed to the publisher). Once the book ends its contract with said publishers, it goes 'out of print'. From there the author can negotiate to have the book reissued or the rights returned, in which case the author can do as or how they like with their materials.

A good thing to keep in mind about the publishing business is this: it's a business. A publishing company is trying to make money, not distribute heart-warming or inspiring novels to eyes and hearts (though they may indeed be doing that, that is not their primary goal. Their primary goal is to eat and keep the business running, whatever they may say to the media. One thing journalism has taught me is that no one ever sounds as good as when they are quoted. Then whatever speculative, introspective, philosophical joy they can relate can be edited and smoothed to sound really, really nice.)

As Rusch puts it, "if contract terms can be bent or stretched to the publishing house's favor, the publishing house will do so."

Check out the article-- I definitely learned something about contracting from it. And it could be you'll need that knowledge sooner than you think. Today could be the day, after all...
 

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