contracts with agents

turningpoint

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What is typical when you sign a contract regarding the rights to your work? If a book gets backlisted is it typical to have the publishing house hold the rights to your work for your lifetime and 70 years? If the book doesn't sell, can you just request that the rights revert back to you and does that usually happen? Thanks in advance.
 

Becca C.

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If a book gets backlisted is it typical to have the publishing house hold the rights to your work for your lifetime and 70 years?

I can't answer your other questions, but I know the answer to this one is "no." Lots of living authors are e-publishing their own backlists on Kindle right now, so the publisher must not have the rights anymore. Plus, "lifetime of author + 70 years" is the timeline for copyright, which the author always holds, anyway (or SHOULD always hold).
 

CaoPaux

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Are you asking how an agent negotiates a publisher's contract? Yes, it's usual for publishers to ask for duration of copyright (they want to sell it for as long as they can, natch), but this is balanced by the reversion clause, which should specify at what level of (non)sales the rights revert to you. E.g., " ... should sales fall lower than X units per [time period] ...". Reversions happen regularly, and are generally met with mixed feelings. :cool:
 

turningpoint

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CaoPaux,
Are the mixed feelings due to the failure of the book to sell or on the behalf of the publisher who wants to retain rights? In case the book does well? A related question-does it matter much to the author? If his/her book is selling and he/she is receiving royalties, does it matter that the publisher has the rights?
 

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From the author's side. Their book has reached the end of its life with its publisher. Yet now the author can perhaps revise and reissue the book with another publisher and start a new lifecycle.

What is important here is not to confuse publishing rights with copyright. The copyright remains with the author (unless it's a work-for-hire deal, or the author doesn't know better than to sign away copyright). The publisher buys the right to publish the book in whatever format, region, and length of time is negotiated.
 

turningpoint

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Thank you. I am undoubtedly confused. I had a conversation with an agent. I will have to ask her for clarification. Her contract looks fine to me, but I am unfamiliar with contracts with publishers.
 

Becca C.

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An agent will guide you through a publisher's contract. You don't have to be an expert, your agent will answer any questions you have.
 

mscelina

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Hold on a second--why are publisher rights coming up in a conversation with an agent? That doesn't make sense to me. It certainly didn't come up in the contract between me and my agent.
 

turningpoint

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No, the agent didn't bring it up, I asked about it. I asked what the situation with rights was if you get a publisher. If the agent gets an offer from a publisher you aren't interested in do you as a writer get to refuse? I'm sorry I am unclear, I'm not experienced with this or the jargon.
 

Anne Lyle

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If the agent gets an offer from a publisher you aren't interested in do you as a writer get to refuse? I'm sorry I am unclear, I'm not experienced with this or the jargon.

Yes, of course. The agent works for you, not the other way around. Most writers find agents a bit intimidating, because they are the gatekeepers between us and the editors who will actually buy our books, but they are there to serve you and do all the boring legwork of submitting your manuscript, vetting publishers' contracts, chasing royalties, and so on. If you're not sure about this stuff, do read as many of the threads on Ask the Agent and Ask the Editor as you can, to get a feel for the business side of writing.

Bottom line: you don't have to agree to anything in a contract if you don't want to, though the publisher may walk away if they won't negotiate. As newbies we don't really have much say in the terms, though your agent should be able to get any really egregious ones changed or removed if the publisher tries it on.

A lot depends on how influential your agent is, how keen the publisher is to sign you, and how much experience they have of working together. My agent reps several authors who have signed with my publisher Angry Robot, so he was able to bump up my contract from two books to three, as well as negotiating more reasonable deadlines for the two sequels.