Derivative works question

No, it's not a good thing. I'd try to remove that clause if you can. A derivative work could be another story, written by another author, using your characters; or rules you created. Now, if it's like a Dungeons & Dragons sort of thing, where you're doing a "Work for Hire" then it's sort of expected, because you're, in effect, using THEIR world, and THEIR characters. So, they get to use yours because their world supercedes yours. But if it's YOUR world, then don't let the publisher keep any part of it that you can't agree to. At least, I wouldn't. And I'd contact my agent, or hire an entertainment attorney, to make sure that clause goes away.

Hope that helps.

Penge said:

Thanks so much for responding.

However, it's a bit more tricky than I make it seem. The thing is, the work will be made into audio files, sort of like podcasts, so in that sense I suppose it has to be derivative work, doesn't it? The contract says that the derivative work is any electronic form of the original work. It defines derivative work as a recording of the original. I'm still unsure if this is the usual thing.

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Could that be construed as any copy of your verbatim text and hence you don't get any royalties at all? (That's a question, not rhetorical, I know very little of legalese)

Well, a sound recording of a print version can be a derivitive work, but the term relates to a copyright (ownership) issue, rather than a right of the publisher to publish. A derivitive is a NEW work, made up of pieces of the original. Look at the Copyright Office's definition for more clarification.

Now, if it's only a royalty issue, then you merely need to be concerned with whether the publisher intends to SELL the podcasts, versus using them for--as you say--promotional purposes to hawk your book. However, my concern is that the rights to your work, in whatever form created could leave your possession if you leave the publisher--depending on the wording used in the contract. The specific wording is EVERYTHING.

At this point, I'd suggest having an entertainment attorney review the contract, if you don't have an agent. The thing with contracts is that clauses can amend other clauses, so there might be other things in the contract that could have you give up more rights than you planned. If you can't afford an attorney (one who specializes in literary contracts), visit the Volunteer Lawyers for the Arts website to see if there are any local chapters where you live.

This might be nothing at all, but it might be something quite large. Only a qualified person in the field will be able to tell you for sure, so be careful. Good luck!