This has been sent around to a couple of the small publishing e-lists I’m on. It was sent with permission to repost or forward.
X-Original-To: wne-nwu@…
Delivered-To: wne-nwu@…
Date: Fri, 18 May 2007 08:25:27 -0400
From: Jan Whitaker
To: Western New England Chapter/ NWU
I received this alert from the Writers Guild:
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
implications.
Feel free to forward and post this message in its entirety.
The megacomglomerates in all areas of the media are fighting hard to claim as many rights as they can and screw the “talent” that actually butters their bread as well as the customers who buy their slickly packaged output. I don’t know if there’s anything we can do about this, except not feed the machine by patronizing them or supplying them. Also in recent news: the Department of Justice has proposed legislation allowing copyright violators to be sent to jail–without the need to prove the violation. Pete Masterson wrote on [self-publishing], “Hollywood and the music industry are behind this proposal so that they can more easily prosecute those involved with peer to peer exchanges and other activities that may involve copyright infringement. Personally, I think Hollywood has enough lawyers and funds to handle their own civil enforcement activities and do not need to be funded by taxpayers to involve the
criminal courts.”
Note that “other activities” could well include fanfic, especially based on big-selling authors like J.K. Rowling. The Electronic Frontier is urging people to take action to oppose this proposed legislation.
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