Book Club rights

aruna · May 5, 2006

This is a tricky one, and I hope someone with a lot of experience can help. I should be asking me ex-agent, but it seems she is not on speaking terms with me. I recently snet an amicable email with a simple question, and she has not answered. I fired this agent about a year ago, but she negotiated this contract originally.

Anyway, let me begin at the beginning: first the good news. This morning I received a packet of four books: the German translation of my first novel, in a brand new edition, published by Club Bertelsman. Club Bertelsman is the biggest book club in Germany, with a bricks-and-mortar branch in every town. It's huge, and I'm delighted, because the book was first published 5 years ago, and was pretty much of a flop in Germany, in that it did not earn out its advance. I thought it was dead. This will give it a new lease on life, a new chance.

However - should I not have been informed that this was going to happen? Shouldn't I have been asked first?

My contract says: "If the Publishers during the term of this agreement obtain or receive a proposal for granting sublicences to..... book clubs.... they shall immediately notify the Proprietor's agent of such proposal. The Publishers shall accept such proposals for a limited number of years only an donly after they have received the written consent of the Proprietor's agent and (provided that the Publishers do not manufacture the book or are linked financially with the sub-licencee in any way) shall pay the Proprietor once the advance has been earned, the following share of the gross proceeds therefrom:

c) bookclub rights (including Bertelsman)

Neither party... shall unreasonably withhold acceptance of any such proposals which the other party is willing to accept."
And some more, but the above is the relevant part.

First of all: I KNOW I should be talking to my agent about this but it's all rather strained right now. I hope things will settle down in the future but if she is not replying to my mails it means she's pissed off (this is btw the foreign rights agent at the agency, not my personal ex-agent), even though there's really no reason for her to be; I didn't do anything wrong, just fired them. I don't like talking with pissed off people.

So what does this mean? Bertelsman Club is financially linked in some way with my German publisher, which is Bertelsman/Random House. Since I did not earn out my advance, does this mean that the proceeds from the sale of the book club rights went towards paying off the advance, and that's why I heard nothing, got nothing? Does one earn royalties from book clubs? Any words of wisdom wil be welcome!

Daughter of Faulkner · May 5, 2006

First

Congratulations!
And second, I don't know for sure however I would think the agent would have been notified first then you by said agent. My agent has told me this about other authors...he was called / asked first then he nego. from there.
If your contact had a "time limit" say 2 years after you part, you can hire another agent to nego. this deal. It's been 5 years so maybe that will help.

I would think that you would get a % of all sales regardless of whether you earned out your advance or not. Again, it depends on the way the contract reads.
Is it a straight-forward contract?

A well-published author friend told me once he had something like this occur and it all came down to wordage of the contract. She was not happy with the way she and the agent tried NOT TO talk to each other. Awkward to say the least.

My friend Anne Tyler earns fists over dollars from book clubs in the USA. And my agent said I would too. In your country, I don't know if it's the same.
I remember once that Reynolds Price received $500. to read a story from University of Nebraska-Lincoln when I was at The Prairie Schooner and all expenses paid. So, I suspect a well-published author can command what he/she pleases.

I wish you could just write or call the agent with a kind attitude and see what you two can work out. I suspect he will be willing if $$$ is involved if nothing else. You never know, he may be ready to talk to you again and something good can come of what was once strained.

Again, I don't know but wanted to offer you support and all good wishes!

Keep writing!
:e2BIC:

Take care.

victoriastrauss · May 5, 2006

Aruna, my experience is with the Science Fiction Book Club, which isn't affiliated with my (or any, I believe) publisher. My publisher negotiated the sale, with me receiving 50% of the advance and royalties and the publisher keeping the rest. I found out through my editor, as my agent doesn't get a percentage of sales she isn't directly responsible for. My editor notified me as soon as the deal was done, which was months before the book club edition was published.

I'm not familiar with the way Bertlesman Book Club works--it certainly doesn't seem to work like book clubs in the US, if it has retail outlets--and maybe the fact that it's affiliated with your publisher means that this isn't a sublicense, but a new edition with a different imprint. Either way, though, I should think that any proceeds due you would go toward your unearned advance.

You certainly should have been told about this! If you're on the outs with your agent, that might explain it (it doesn't speak well for the agent, though).

- Victoria

victoriastrauss · May 5, 2006

Congratulations, by the way!

- Victoria

aruna · May 5, 2006

Thanks to both of you! It seems all very mysterious and I hope that at some point I can discuss it with my agent, On the other hand, I'm now looking for a new agent and if I find one maybe they can sort it out for me.

I found out through my editor, as my agent doesn't get a percentage of sales she isn't directly responsible for.

This is interesting; I'll have to check it out.

By the way, the new edition looks MUCH better than the original paperback. I hated the cover of the German books. OK, a picture of the Taj Mahal is very cliched, but that doesn't make it any less beautiful.
http://www.derclub.de/is-bin/INTERSHOP.enfinity/eCS/Store/de/-/EUR/DEDisplayProductInformation-Start;sid=SRO4gfFEJIu4MrUYerZhPcxNcrk1q4w1pWY=?ProductSKU=01%2e083283&AddRef=

And the price is very low, as well, which will help sales.

Book Club rights

aruna

On a wing and a prayer

Daughter of Faulkner

Always a writer

victoriastrauss

Writer Beware Goddess

victoriastrauss

Writer Beware Goddess

aruna

On a wing and a prayer