Question about digital rights

ishtar'sgate · Jan 16, 2009

I sold my first novel directly to a small publisher. Yesterday I received an email saying their lawyer would be in touch with me about negotiating terms for digital rights, something not previously covered under my original publishing agreement.
Can anyone tell me what sort of things I need to be aware of before the lawyer contacts me? Things to watch out for, things to have specifically addressed and clarified?
Thanks.

Tirjasdyn · Jan 16, 2009

Some things...and others with more experience maybe able to help more.

How long do they hold digital rights, and what do you get in compensation (one time payment, per click etc)?

They should clarify a time period, not perpetual.

veinglory · Jan 16, 2009

You should ask if they will be contractually required to use the rights and what the reversion is (e.g. a term or when deemed 'out of print'?).

If they want the rights they should commit to using them and pay for them--but with a small press this may be on a royalties-only basis.

ishtar'sgate · Jan 16, 2009

Tirjasdyn said:
How long do they hold digital rights, and what do you get in compensation (one time payment, per click etc)?

They should clarify a time period, not perpetual.

What would you consider a reasonable time period?

CheshireCat · Jan 16, 2009

Make sure there's a minimum amount of earnings that determines when a digital edition is "out of print," and when you can request reversion of rights.

They probably won't agree to a high amount, but I'd suggest it read something like: The eBook/downloadable edition (whatever terminology they use) will be considered out of print if author's earnings do not exceed $500.00 in two consecutive reporting periods.

Something like that. The amount will probably be negotiated, but make sure it isn't ridiculously low. The thing to remember is that you need to retain what control you can over sub-rights, and that includes digital rights.

Right now, every house is handling this differently, so it's pretty much every-author-for-him/herself.

Just remember to set limits on the time any publisher has a license to publish/print/have available for sale your work in any form.

ishtar'sgate · Jan 18, 2009

Thanks,CheshireCat, that's very helpful.

Tirjasdyn · Jan 19, 2009

ishtar'sgate said:
What would you consider a reasonable time period?

That's really up to you. Frankly it's the web, even if they take it down it's going to be available for a while, after that. But digital rights isn't just he web, it's e-books (which should not be a one time payment, ever, imo).

For stuff I had published a year has been the norm. But payment has varied from one time fee to per clicks to percentage of price to access.

Question about digital rights

ishtar'sgate

living in the past

Tirjasdyn

Outline Maven

veinglory

volitare nequeo

ishtar'sgate

living in the past

CheshireCat

Mostly purring. Mostly.

ishtar'sgate

living in the past

Tirjasdyn

Outline Maven