The Contract to Protect Authors Interests - Assignment Example

Normally an author is familiar with the limited terms of publishing like paperback mass market edition, hardcover edition, and e-book kindle edition, etc. But if a book hits the market and creates waves, there are many avenues for financial gains, which unless secured through the contract, the author may lose their benefit. Apart from the main right of getting a royalty on the copies sold, there are many subsidiary rights.

If the book is accepted for publication by old, reputed publishing houses, the author can enjoy a sense of security about his financial interests. I have gone through the article "A Contract Primer: Subsidiary Rights" on this website and find that most of the interests of the author have been listed out and protected through the agreement. When a dispute unfortunately occurs, it is all about interpretation in the context of the situation whether the publisher has violated the primary or secondary rights. Then there are practical problems with the author. A Publishing House generally has resources and a legal department to fight the cases. For an individual author, it is difficult to spare money and time for the legal exercise, unless the stakes are very high and the book has become extraordinarily popular. 

To sum up and in addition, from the point of view of the author, the following points need to be noted and suitable additions/modifications made in the contract to protect the author’s interests:

1. Payments are made to the author at half-yearly rests in most cases. 10% of the print value of the book is a small amount. This is the internet age. The amount payable to the author must be credited to his bank account or paid through any other payment method like PayPal, instantly, when a copy is sold. The authors must get the payments on a daily basis. It is worth noting that the booksellers ship the book when they get advance payment from the buyers through a credit card.
2. The authors are at a disadvantage, and the booksellers, distributors, and publishers are in an advantageous position.
3. When the book gets any awards, 50% of the same is retained by the publishers. This is an unfair labor practice. The authors must get full credit. The book is rewarded on its merits and creativity, and not on the basis of the salesmanship of the Publisher.
4. All promotional expenses, sample copies, and advertisement charges are treated as expenses by the Publisher and they are indirectly charged to the royalty on sales paid to the author. This is unfair. The Publishing House is doing business, not the author.
5. Legal expenses, should there be a dispute, should be borne by the Publisher. A panel of lawyers may be created by the Publishers for the purpose in view of who will take care of the interests of the author.
6. Exclusive rights and subsidiary rights must be clearly defined and listed. The Publisher’s interest in any of the non-defined areas needs to be decided through arbitration, for which the author should be a party, and the matter should not be left to the sole judgment of the Publisher.
7. The royalty of 5% on high-discount sales payable to the author is too low. Due to the business maneuvers of the Publisher, the author should not suffer and the royalty on sales amount should not be less than 10% under any circumstances.
8. When a book becomes popular and millions of copies are sold does the author get more than a 10% royalty on sales? The answer is negative. What is stated in point (7) above needs to be read in this context.
9. “(n) Free Copies. With respect to copies given away free for publicity or promotional purposes, or to induce additional sales, and with respect to copies destroyed or given or sold to the Author, no royalty will be payable.”—This clause is obnoxious. It leaves room for maneuvers by the Publisher and works to the disadvantage of the author. The Publisher may protect his interest through insurance cover as for “destroyed” copies.
10. For television and movie rights and issues related to translation into other languages, the author should be a party in the negotiating team, and any agreement should be signed with the consent of the author. On such issues, the author should have the power to veto any unfair offer.