I agree that it's not good for their authors.
But on the other hand, if S&S wanted to publish my book...I think I'd sign away just about anything.
I'd be careful of being dazzled by the 'name' / 'high profile'publisher. Just remember, that JKRowling's advance for her first of the HP series was
GBP 1,500. Now, put yourself in her shoes, the difference being that the publisher is the 'high profile' S & S. In keeping with first time authors,
I presume that it is more than likely that the advance you would receive would be small, comparatively speaking. They also have this clause in their contract. Nine times out of ten, I would guess that first time authors would jump at the opportunity regardless. Yet, the agent, if he/she is worth his/her salt, would have to negotiate. But, I certainly wouldn't be so nonchalant about the clause and the ability to 'negotiate it away during drinks'.
S&S is part of a media conglomerate (Murdoch's empire, I think?). Their legal eagles have been paying a lot of attention to the rights action concerning material whose rights have expired and moved into the public domain. Unless I am wrong, they sniff an opportunity to recoup monies later down the line, or protect their property. In signing a contract which possesses such a clause, my impression is that, in a sense, you commit to becoming a bonded slave to the publisher. I ask you-is this what you are willing to allow yourself to become?
