Author: D.C. Eastman (---.dab.bellsouth.net)
Date: 05-13-08 18:31
Glen
We've seen a contract like that. I was surprised to see how many have that clause in it. It's dreadful and tough to negotiate. The "in perpetuity" clause that Ce Ce mentioned is terrible, but it's easily negotiable or changeable if you've got the guts to do it.
We have one client who was so fed up with his last publisher, a biggie (it's not a book we represented), that he bit the bullet and bought all the rights back while it was still selling well. He's thus far made back all the money he's spent, and the book is still enjoying brisk sales, so it was a good call on his part.
Most publishers will try to get as much out of you as they can. It's up to you to take care of you. Read every word and negotiate, negotiate, negotiate. If you can't do it yourself, hire a creative properties lawyer who will do it for you. It's worth the money, believe me and will save you future monies and a lot of mental anguish later.
An alternative is to look at a great contract that a friend has with a publisher and use it as a guide to negotiating your own.
dce
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