Rights Question

grizzletoad1

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Since I have yet to even get an acceptance from any agent or publisher for my MS, I know I'm putting the cart 25 miles ahead of the horse here, but I still have this question about rights. I have heard that a few publishers that don't deal through agents ask you to give them all rights to the story. Now I'm no legal expert, but to me that seems that you are surrendering any ownership of the story to the publisher, who can then do what he wants with it. And then let's say that your story becomes successful enough for idea-starved Hollywood to come calling to make a film out of your story. I'm guessing since you no longer hold the rights, they can come and just scoop up the story from the publisher without even talking to you. And then they can go on and rip your story apart to suit themselves, put out a film that in no way bears any resemblance to the novel you invested years writing and yet your name will forever be tagged to the stink-bomb of a film they've made as having been based on the novel you wrote but have surrendered your rights to. Do I have it right? So, coming back to reality, SHOULD I ever get an offer from a publisher to publish my ms, do I HAVE to surrender my rights, or can I protect them and retain the rights so that, like Major League Baseball says, no changes can be made to my story, "Without my express written consent?"
 

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I have heard that a few publishers that don't deal through agents ask you to give them all rights to the story.

This is true of some publishers which do work with agents, too.

Now I'm no legal expert, but to me that seems that you are surrendering any ownership of the story to the publisher, who can then do what he wants with it.

It's important for rights to reside with whoever can best exploit them.

It's best to have an agent, of course, as they're usually best-placed to sell foreign and subsidiary rights; but if you have no agent, and a publisher who has a good history of selling such rights on makes you an offer, then you might be wise to accept their offer with that condition in place.

This isn't the same as "surrendering any ownership": good book contracts license rights for a strictly limited time, and detail how and when those rights will revert to the author.

Publishers can't do whatever they want with your work when you have a good contract in place: their options will be limited by that contract. If it's a good contract then they'll only be able to do reasonable things with your work, and you will get paid a fair amount for the sales which result; and you wouldn't sign a poor contract, would you?

And then let's say that your story becomes successful enough for idea-starved Hollywood to come calling to make a film out of your story. I'm guessing since you no longer hold the rights, they can come and just scoop up the story from the publisher without even talking to you.

Even if you license all rights to your publisher, film companies can't "just scoop up the story from the publisher without even talking to you": they would have to negotiate with the publisher for those rights, and the publisher would naturally want a good deal for them; and if you had a good contract you'd get a reasonable share of all payments which resulted from the deal.

And then they can go on and rip your story apart to suit themselves, put out a film that in no way bears any resemblance to the novel you invested years writing and yet your name will forever be tagged to the stink-bomb of a film they've made as having been based on the novel you wrote but have surrendered your rights to.

Writers very rarely get any sort of creative or script approval if their books are turned into films, regardless of who licenses their work to the production company.

However, why would a production company spend time and effort acquiring film rights to a specific novel if they intend to "rip [the] story apart to suit themselves, put out a film that in no way bears any resemblance to the novel"? Wouldn't they be better off just producing the film they want to produce, without having to pay for rights to a novel they're not going to pay any attention to?

Do I have it right?

Not really, no.

So, coming back to reality, SHOULD I ever get an offer from a publisher to publish my ms, do I HAVE to surrender my rights, or can I protect them and retain the rights so that, like Major League Baseball says, no changes can be made to my story, "Without my express written consent?"

You don't have to accept that offer. You can just refuse it.

If you want to accept that offer, you can take legal advice from a suitably qualified and experienced source so that you're sure you know what you're signing; and you should be able to negotiate the contract to ensure that you retain all rights you want to--although if you are too demanding in your negotiations, the offer might be withdrawn.

I assume that the contract you'd sign would detail all payments due to you so you wouldn't be surrendering your rights, you'd be licensing them.

You're very unlikely to get a contract which specifies that you have full creative control in the event of your book being made into a film; but when you work with your editor you should have the final say over any changes that are made to your book. Just as it makes no sense for a film company to acquire rights to a book and then make it into an unrecognisable film, it makes no sense for a publisher to acquire rights to a book and then make it into something completely different.
 

Mr Flibble

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I just thought I'd add this, as I am today perusing a (currently boilerplate) contract

There's a whole, quite long, clause about subsidiary rights

It clearly sets out what subsidiary (ie not related to actually publishing the book -- that's covered elsewhere) rights I keep, and what rights I give (or more properly loan)to the publisher -- and it is not all of them. Where I have given rights over, and that's only the rights I think the publisher would do best at exploiting, it also clearly states what portion of money I get when those rights are used -- they can't just use them and give me nothing

I'd note that I get to keep all rights for dramatic representations (ie films/plays etc -- it's all set out exactly what is covered). Even if this wasn't in the standard contract, it is something that could be negotiated.

Now some pubs do ask for all rights true. But that doesn't mean you should say yes. If you want to keep film rights, you negotiate that -- if the pub isn't in a position to use those rights, they'll probably be quite willing to let you keep them. If they aren't, well, no one is forcing you to sign.

ETA: As for changing the story -- what Old Hack said. But editing suggestions are usually just that -- suggestions. If you're doubtful about an aspect they ask to be changed, you discuss with your editor until you are both happy. But in the end, as my editor has reminded me, it is my book, with my name on it. They want me to be happy with it. There's actually a clause about that too (okay, not about me being happy :D).
 
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grizzletoad1

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Messers Hack and Flibble,

Thanks. This helps, even though like I said, I'm talking way out of line here in fantasy world. I haven't even gotten more than a single full request to see my ms, and then it only led to a rejection. I'm still plugging away, but this all may become a moot point if I decided to self-pub on KDP and Create Space. Thanks again for the education, though.