Subsidiary rights for short stories

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beatkay

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Here's a new one for me: I just got a contract for a short story to be published in a print antho next year. One of the clauses asks for "non-exclusive subsidiary rights to license and publish.... including audio, all electronice/cyber rights, CD-ROM, microfiche, and television production." There is a 50% royalties provision for any subsidiary rights sold.

I've sold nearly 20 short stories and have *never* seen this kind of clause in a short story contract before and I'm un-nerved about it for a couple reasons. One, this story is part of a series I've written in this same universe and I plan to (someday) have it in one of my own collections.

Two, if the story is sold via subsidiary rights, I don't want anyone else *doing* anything else with these characters. Is this a danger with this kind of clause?

It's a low-paying market so I wouldn't be giving up that much money for these rights. Am I being Paranoid Patty about a clause that probably won't be invoked anyway? (The publisher does mostly academic and literary works with these occasional anthos for their sales value, I assume). Or should I cross out the clause to protect my interests in the story, series and characters? I'm leaning toward writing the editor and asking for removal of the offending clause with a polite explanation as to why.

Thanks for any input! I appreciate the voice(s) of experience here.
 

Kristen King

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If you're not comfortable with it for any reason, that's justification enough to take it out. You don't need to explain yoourself, just to let them know that you're not interested in selling subsidiary rights and that they'll need to alter the contract accordingly.

Kristen
 

Tish Davidson

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It may be that the success of the movie Brokeback Mountain, which originated as a short story, gave this market the idea for a rights grab. I'm with Kristin. Pass it up if it feels wrong, especially since the characters and universe are tied into your other work. Remember that if it is good enough to get accepted for pay one place, it is good enough to get accepted in another paying market.
 

Jamesaritchie

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rights

You should be giving these rights to anyone. If they want them, let them pay for them.
 

Jamesaritchie

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Not

pdr said:
If James R puts a NOT in his sentence I'll actually agree with him!

I had one in there, and the bugger slipped out.
 

historian

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Contracts are not set in stone. They are open to negotiation. Cross out what you don't like and initial it.

I haven't had experience with fiction contracts but many nonfiction ones. It seems that publishers are running scared and put in everything they can think of to protect their interests. I've even found editors who didn't know what their contracts meant.

I've never had a rejection by doctoring the contract but have been paid again when an article was published in a book. If the editor does object, then you have to make the decision on whether to accept his/her terms,or not.

historian
 
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