From Dean Wesley Smith:
From the real world perspective, publishing is really, really, really known for its head-shakingly stupid business practices. But inside of publishing, these practices have become so common and set in “the way things are done” as to be defended by otherwise sane business people.
So I figured I would honor Dave Letterman’s departure with a quick top five list.
I’ll give the real world equivalent of the publishing practice, then the actual publishing practice, working down to the most stupid publishing practice of them all.
. . . .
Real World: You walk up to a neighbor’s house you don’t really know, but at a neighborhood block party you met them. You ask the neighbor to give you legal advice about a legal contract you have been offered. The neighbor teaches English at the local high school and is not an attorney. Plus it is against the law in your state (and all states) for someone without a law degree to give legal advice. But since the neighbor on his last trip stayed at Holiday Inn Express (remember those commercials?) he agrees to give you advice on the contract and negotiate it for you. Would you ever do that? Of course not. You would go to a lawyer who knows the area of contracts you have been offered.
Publishing: Recent graduates of college with a bachelors in English who have a business card that says “agent” think nothing of giving legal advice to writers and negotiating the contract for them. And writers let them without a second thought. Apply common business sense and hire an IP attorney to handle your contract and negotiations. Duh.
. . . .
Real World: You hire a gardener to mow your lawn when it needs it. In exchange for that simple task, you offer your gardener 15% of your property for the life of the property, plus seventy years past your death. That means the gardener’s grandkids would be getting money from your grandkids because the gardener mowed your lawn once or twice. Would you do that? Of course not. You would simply pay your gardener by the hour or the project.
Publishing: Every agency agreement, both from agents and inside of publishing contracts, gives an agent on a project 15% of the property (remember, copyright is property) for the life of the copyright which is 70 years past your death. And often the agent gets this for a couple hours work one day and a phone call. Apply common sense. If an agent won’t work for a set fee per property, then hire an IP attorney who is licensed and who can do all the same things an agent would do, only legally. And you only pay one set fee or hourly rate. Duh.
Link to the rest at Dean Wesley Smith and thanks to Ava for the tip.
Here’s a link to Dean Wesley Smith’s books