ownership of characters |
Author: Chuck Shaw (---.nmci.navy.mil)
Date: 05-22-08 11:14
I understand the publisher is trying to get everything for nothing and the agent is doing the same from the other direction, but is it normal contract practice for the publisher of a book length manuscript to want all rights to the characters such that they can just go ahead and contract out sequels or sue the author if he tries to sell a work with the same characters to another publisher?
Chuck S.
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Re: ownership of characters |
Author: Glen T. Brock (---.asm.bellsouth.net)
Date: 05-22-08 17:39
Chuck,
Knowing what I do today I would never have signed a contract relinquishing my rights to my characters, setting, and storyline to the publisher. The next work clause sounds reasonable on the surface and I don't know if it is negotiable or not, but it certainly stopped me cold. I have a 75,000 word ms. that sits, worthless, under my desk. Those who have read it consider it the best work of mine to date. In spite of that it is unpublishable because the characters, setting, and storyline are owned by my publisher and not by me. Changing the characters and setting would have a disasterous affect on the novel's perspective, pov, and theme. I signed the first contract, and subsequently two others, because I thought I had a home with the publisher, but when the senior editor (who liked my work very much)passed away the new editor didn't share his enthusiasm (I think this is being 'orphaned'). Think! Get some advice before signing a contract you may regret.
Glen T. Brock
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Re: ownership of characters |
Author: Ce Ce (---.clt.bellsouth.net)
Date: 05-22-08 21:19
No, Chuck, it isn't normal -- not unless it's a work for hire.
A publisher shouldn't own your name, your characters, or your book; they license the right to print and sell your work for a defined period of time. They may license other rights, such as first serial (magazine excerpts), and foreign languages and large print. Stuff like that.
But never give up your control over your characters.
Your agent should protect your interests, and that includes your control over the characters you create.
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Re: ownership of characters |
Author: D.C. Eastman (---.dab.bellsouth.net)
Date: 06-04-08 09:33
I've seen contracts like that. My biggest problem is convincing authors not to sign them. Some are so desperate to get into print that they'll sign anything. See Worst Contract thread under Published Authors forum and see what other authors have to say.
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Re: ownership of characters |
Author: jayce (---.mob.bellsouth.net)
Date: 06-05-08 16:14
Elmore Leonard says he gets around this by using the same characters but giving them different names.
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