From Kristine Kathryn Rusch:
I am revising the Dealbreakers 2013 book. I had hoped to revise it every year, but I get so discouraged looking at the contracts as they exist now. I actually started to revise in the hopes of having the new book in this Storybundle, and then discovered I had so much new material that I didn’t have time to finish the book by mid-May.
Why is there new material? Because traditional publishing contracts have gotten ugly (or should I sayuglier?). And they’re not alone. Contracts for movie deals, gaming rights, comic books, and now works in translation are also getting more and more draconian.
Corporate entities have finally gotten a clue about the value of copyright and trademark. Now, those entities which own many of the companies you’ll deal with—even as an indie writer—want to own each piece of the copyright to any property they put their grubby little fingers on.
. . . .
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.
. . . .
Let me show you an example of something you should never ever sign. This is from a real contract, offered to writers this year, which someone sent me a little over a month ago:
Effective immediately upon the execution of this Agreement, the Author hereby grants to the Publisher the following:
1) The sole and exclusive worldwide rights and license to print, publish, distribute, sell and sublicense, and generally exploit the Work, in all languages, whether in print, electronic, digital, audio, video, television, film, theatrical, or any other form or format now known or hereafter discovered or created, in all languages, including any and all editions and formats of the Work, in whole or in part and all revision of the Work and any edition thereof. As used herein, the term “editions” shall include worldwide rights: the term “formats” shall include all print, book club, and all electronic formats including download (whether over the Internet, through an “app” or otherwise), audio, disk, CD, or any other electronic or digital format known or to be invented, enhanced ebooks, mass market, large print, and any future formats/technologies for the duration of the contract term;
The Grant of Rights section goes on, with three more points that I’m not going to deal with here, because that clause all by itself is so squiggy that I shuddered as I typed it. Ugh.
. . . .
Any writer who signs this damn thing can’t even publish an author’s preferred edition with the text dramatically altered. Or compile an omnibus. Or publish half the book in Spanish, a quarter in Italian, and the rest in English. Signing this contract, with this one clause, gives the publisher rights to everything.
The contract goes on in terrible, awful, horrible ways. The noncompete is actually in a section calledAuthor Rights (!) and says that the author cannot “publish or permit to be published during the Term of this agreement any book or other writing based substantially on subject matter, material, characters or incidents in the Work without written consent of the Publisher.” And then there’s another non-compete later, and a third even deeper in the contract.
Link to the rest at Kristine Kathryn Rusch
Here’s a link to Kris Rusch’s books. If you like what an author has written, you can show your appreciation by checking out their books.