Happy to oblige, Jenken. Here's an article that I did on Subsidary Rights for a newsletter. Hope it helps!
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READ ‘EM THEIR RIGHTS, DANNO!
Nothing is more exciting than receiving an advance check from a real, live publisher for your book! Well, okay – getting the royalty check is pretty fun, too. And then, when
another advance check arrives from the second publisher...
Huh?
What other advance check, you say?
What second publisher?
Ah! Welcome to the beauty of writing fiction novels. You can sell your book over and over, to different people, and get an advance every time! There are a dozen different ways to make money from that one brilliant manuscript, if you know your rights. This article is your introduction to the world of
subsidiary rights.
What is a Subsidiary Right? Any right in a novel that is less than the first publisher’s claim to print and sell the book (called the "primary right") is known as a "secondary," "serial" or "subsidiary" right. Many authors have heard of audio books, eBooks, book clubs, foreign editions and movies based on a novel. These are all subsidiary rights, and an author (or agent) who knows their stuff can ensure that the lion’s share of the profit from the sale of these rights will go to the author. However, it's important to decide whether you have the
capability to market these rights yourself. Since the publisher often has connections in the industry, and hopes to make as much money from your book as possible, sometimes, it's best to consider leaving the rights with the publisher. Just make sure to ask whether
they are capable. We’ll take a second to go through each standard right, what it is, who normally keeps the right (publisher or author) and what impact it might have on an author to give it up.
1.
First Serial Rights.
What it is: This right is traditionally used for magazine and short story work. A first serial right is the right of a periodical to publish a manuscript for the first time. When the right is limited (or not) by a geographic region, it can be called by a common term, such as "First North American Rights" or "First World Rights." The printing of all or part of the manuscript can occur before or after primary publication.
Who normally keeps it: For a non-fiction book, often the publisher keeps this right. In a fiction novel, the author normally keeps it.
Impact if you give it up: When kept by a publisher, royalties of around 50% for the sale of first serial rights go to the author. This is a good deal for non-fiction books, because articles can be carved from the text and printed in scholarly or popular publications. This both increases the visibility of the book, and encourages readers of the magazine to purchase the book. However, for fiction authors, this same scenario can be devastating to their wallet. Imagine what could happen if an unscrupulous publisher were to carve your manuscript into a number of sections and proceeded to sell the rights to print it in a low-quality magazine. The publisher would receive 50% of the price, the book would be published (although few would see it), and they would never actually have to put the book out in print! Of course, this is an extreme scenario, but it has occurred in the past.
2.
Second Serial Rights.
What it is: Also known as "reprint" rights, this allows a periodical to print an excerpt or section of a book or an article after it has been published somewhere else first.
Who normally keeps it: Reprint rights generally stay with the publisher. This allows them to market the book aggressively by offering blurbs and excerpts to magazines which has readership of a similar genre. Again, royalties of 25-50% follow these rights.
Impact if you give it up: Immaterial, because the publisher
won’t give it up. They would not be allowed to reprint the book or offer a second edition without these rights.
3.
One-Time Rights.
What it is: A one-time right is just what it sounds like, and is sometimes called a "simultaneous" right. It is generally non-exclusive, meaning that the author can print the exact same article, book or whatever somewhere else at the same time. This doesn’t show up in novels very much, but sometimes you will see this pop up in an anthology of shorts. This allows well known authors to publish in an anthology something that also appeared in a magazine without fear of stepping on toes.
Who normally keeps it: This is an author’s right but, as stated, you’ll seldom see this in a book contract.
Impact if you give up: Since most publishers want an exclusive right to the use of a book before they offer royalties and advances, loss of one-time rights is implied. Because you’re being paid for the exclusivity, there is no impact to the author.
4.
All Rights.
What it is: As the name implies, if you see a contract where the publisher is seeking All Rights to your book, you are forfeiting the ability to EVER use that work again. While your book doesn’t become the equivalent of a work for hire or ghost written work, because your name is on the cover, it might as well be. This can sometimes happen with a book written inside a specific "universe" such as Star Trek, Dungeons & Dragons, or a television tie-in, because the characters belong to the owner of the world, so any stories therein are also their property.
Who normally keeps it: In All Rights, the publisher gets EVERYTHING. Once your contract is fulfilled, usually by payment of a single lump sum in exchange for your manuscript, you go on your merry way and forget the book exists, other than as a line item on your resume. There is a contest going on at this moment, sponsored by Wizards of the West Coast, for a fantasy novel written inside the Dungeons & Dragons roleplaying game. The rights requested are All Rights, and payment is $10,000. That is all the author will ever see, and the manuscript will be the property of the publisher, like a vehicle or a boat.
Impact if you give up: If you have written an original work that is not a tie-in novel to an existing universe, and accept a contract for All Rights, you have given up a great deal, indeed! You will seldom have the opportunity to comment on edits made to the work by the company, and will have no say in any marketing, distribution or print runs. It is likely that you will never receive royalties for sales, or in the event of sale of any other subsidiary rights. As stated, All Rights are usually accompanied by a lump sum payment. If royalties are paid at all, they are often based on NET sales, so that you will never see a dime, because "overhead" will eat the money.
5.
Electronic Rights.
What it is: Electronic publishers have become commonplace and, in fact, virtually interchangeable with print publishers. But in adding the term "electronic book" to our lexicon, we’ve accidently forgotten that electronic rights include a wide variety of other things, so that by giving up "electronic rights" the author is giving more than they planned. CD-Rom anthologies, interactive on-line games, databases and other media are lumped together in the delivery of rights. While unanticipated by an author, each of these can have value.
Who normally keeps it: I’m hearing more stories about authors who have successfully maintained a separate electronic publisher and print publisher (where the two companies have no ties to each other). This is somewhat new, since the case of
Random House v. Rosetta created a crack-down mode of print publishers refusing to negotiate the electronic rights. If possible, the author should attempt to keep electronic rights.
Impact if you give up: Obviously, on-line video and MUD (Multi-user dimension) games have become popular, and if a book has the potential for this use, it is important for the author to recognize that use and protect it for him/herself. If the publisher insists on keeping the electronic book usage (since many print publishers have established separate eBook subsidiaries), then attempt to withhold at least on-line games, CD-Rom anthologies and databases. None of us can see the future, and these rights might become quite valuable years, or even months down the road.
6.
Audio Book Rights.
What it is: Many people have heard of "books on tape." What a lot of people don't know is that there are companies that contract with print publishers (or authors directly) to turn the book into this format.
Who Normally Keeps It: This is what is known as a "negotiable" right. Traditionally, the publisher’s boilerplate contract assigns this right to them. It’s the duty of the author (or agent) to keep this right for sale.
The impact if you give it up: Well, of course, the primary impact is that the publisher will sell the rights at their own leisure at terms agreeable to
them. The author will generally get a cut of the pie, but the author
could get the entire pie by selling the rights themselves.
How do you find an audio publisher: The easiest way to find an audio publisher is to check out the bookstore to find names of other books in your same genre. If you write, for example, paranormal romance, look for audio offerings by Laurell Hamilton or Sherrilyn Kenyon. The same is true for other sub-genre.
Important things to keep in mind when making your book into an audio tape:One of the prime ingredients to a successful audio book is the choice of the narrator. Audio companies spend a great deal of time searching for the correct voice to bring a book to life. Sean Connery or James Marsters may be terrific speakers, but having them orate a book such as "Harry Potter" probably won't sell, because customers who have read the book expect the narrator to be a teenaged boy. Likewise, a young female voice like Hillary Duff will help sell many of author Judy Blume's works, but probably won't be selected for "On Golden Pond." Aspiring authors need to consider placing hints in their books that would assist an audio publisher in selecting a voice. A simple line, such as, "Mary knew that John was startled by her rich alto. Everybody said that she seemed too young for such a strong voice," is a huge help for an audio publisher. Now they know that if the book is told from Mary's point of view, they need to find a deep voiced narrator. Clues regarding accents are also useful. Does the hero have an Irish Brogue? How about a thick Brooklyn accent or southern twang? Readers pick up on this in the text, so that when a book is placed in audio format, they have an idea of what they expect to hear.
7.
Translation Rights.
What it is: Simply placing an American book in a German bookstore (or vice-versa) isn't a foreign translation. A foreign publication entails taking the original text and translating it into the native language of the target country. A local publisher (such as Czech publisher Triton, or Mexican publisher Random House Mondadori) will purchase the rights to translate and print a book in their home country. It will probably be given a new cover, which speak to the tastes of the foreign readers, and will be available for sale only in that country (or countries, depending on the language)
Who normally keeps it: Again, this is an issue of negotiation for single title books. In category romance, the publisher keeps this right. It is at their discretion whether to offer the rights for sale, when to make the offer, and how to structure the deal.
The impact if you give it up: Translation rights are big bucks for an author! Giving up these rights in single-title are the equivalent to cutting your own throat.
How do you find a foreign publisher: There are a number of places, including publications such as
Publishers Weekly where an author can advertise the translation rights. Of course, the better the sales in the U.S., the higher the likelihood the rights will get picked up. Even a few thousand dollars is money in hand!
Important things to keep in mind when selling translation rights: Translating any book is a very difficult task, because often the "flavor" of a book can easily be lost because of differences in word availability. American English has the highest number of available words in the world! It's very important for the author to be involved in the translation process to ensure that the product reaching the foreign reader is as close as possible to the book that everyone in the home country already loves. It won't do your pocketbook any good if the translation reads oddly and nobody buys it. But if the author doesn't speak the target language, how can he/she help? One way is to find a bi-lingual reader that is already a fan of the book. This can be found by asking on internet loops and groups or at a local university. Often a "friend of a friend" or a professor might be the perfect person to know that a car called a "Nova" will be laughed at in Mexico, because "No Va" means "No Go". This is especially critical for slang or common phrases. The heroine "crossing her fingers for luck" in English should translate to "pressing her thumbs for luck" in German. If the slang phrase is translated word for word – even though it might be correct – the reader still will not understand it. Care should be taken by an aspiring author to consider giving hints that will assist a translator in finding the appropriate phrase. Once a deal is made, contacting the foreign publisher to offer assistance could well be worth the effort.
8.
Book Clubs.
What it is: Book Clubs are a wonderful way to reach new readers. Book clubs, such as Science Fiction and Fantasy Book Club, have a member base (similar to Columbia House Music Club), where readers sign up to receive a book a month (or quarterly), not knowing what book will be next. Some readers like the randomness, because it allows them to find new authors in their preferred genre without spending the time to read reviews or wander bookstores.
Who normally keeps it. This is regularly retained by publishers. Often the publisher contracts directly with book clubs to place titles, and the author receives a cut of the profit. Of course, because of the built-in nature of the membership, sales are brisk and can be quite profitable.
Impact if you give up: Immaterial, since the publisher will usually keep them.
9.
Dramatic and Movie Rights.
What it is: Of course, this is every author's dream — to have their book appear as a major stage play or motion picture. Whether it is made by a Hollywood studio or Broadway production, or a small independent production or off-off-off Broadway, authors can make from $10,000 to many million on the sale of the dramatic and/or movie rights.
Who normally keeps it: Well, of course, both sides WANT these rights! But it’s a sticking point with a lot of publishers, who understand how much money is involved. It can actually be a deal breaker, which is why many authors give up the rights to save the book deal. But if you know you have a hot property that is likely to be a
perfect movie, it might be best to shop publishers until one is willing to work a deal for the best dramatic and movie royalties.
Impact if you give up: Pretty obvious, isn’t it?? Think
Harry Potter!
How do you find a screenwriter or playwright. Much like audio and translation rights, check to see which studios or directors produced movies/plays similar to your book. Then advertise where the buyers will see it. Having a literary agent with in-house dramatic rights agents is very useful. Check to see if your agent has the expertise to do a movie deal, or has an agreement with another agent to co-op the duties.
Important things to keep in mind when selling movie or play rights: The best thing that an author can do if a book is selected for filming is to step back and let the director have their head. Very seldom is the author invited to comment on the film or be involved in screening actors for the roles. "Harry Potter" author J.K. Rowling was a notable exception. The director was a fan of the book and kept in close contact with the author, asking advice on background sets and clothing, which has made the films very close to the books. But in the case of "Interview with a Vampire," author Anne Rice admits that she never would have selected Tom Cruise for the part of Lestat, but admitted that once she saw the movie, he's forever burned into her mind in the role. Many times, the movie is only loosely based on the book, because parts of the book wouldn't translate to film profitably. This can be difficult for an author, but it's important to remember that they have paid for the right to make changes, and the readers don't blame an author for a poor film adaptation.
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Hope this helps!
