I’m not asking for legal advice. I just want to understand what value a “copyright” has to me. In answering please assume (because it’s true) that I know almost nothing about the law, publishing, or business in general.
Some years ago, “Company X” approached “Publisher” to produce a book; Publisher then approached septimus (“Author”); we signed a contract (excerpted below); I received $2000 advance with another $2000 due upon publication (and more due if people actually buy the book! :rolleyes: ). These advances might cover my time spent on the book … at minimum wage. After a few years, the draft was finalized a month ago, and the book is scheduled to appear in stores soon.
Yesterday I got e-mail from publisher. Company X suddenly insists that the book be copyrighted in their name. As shown in the contract below, Company X and Publisher already had almost all rights except the copyright which was to be in my name. Publisher seems to agree that Company X has turned asshole, but we’re all supposed to go along. (Book has little or no technical or creative content due to Company X. It mentions their brandname, but that could be changed to a generic.)
This is my very first book (and given my age and laziness, possibly my last) and it would be fun to be in print even if royalties never cover the advance. But I’m trying to understand what the practical difference is regarding copyright name. It seems bad enough, ego-wise, that the book will say “Copyright Company X” rather than “Copyright septimus” but what other disadvantages are there?
(If I do object, Publisher would presumably support me. I’ve had no direct contact with Company X and no idea what they would then do.)
Here’s part of the contract I signed with Publisher a few years ago. Note that the change in copyright name is a violation of this.
Get a lawyer. Better, find a literary agent – they know book contracts better.
In general, though, they cannot demand the copyright unilaterally; the contract is clear. At the very least, say you’ll give up copyright for an extra $5000. The contract is a binding document and you are under no obligation to meet their demand.
You are in the driver’s seat here and if the company refuses to play ball, take your $2000* and look for another publisher.
*In general, a publisher isn’t going to waste the money trying to get an amount like that back, especially since you fulfilled your portion of the contract.
I think the Publisher is on my side more than on Company X’s. They told me that for many other reasons they no longer intend to work with X.
Per your suggestion, I just sent publisher e-mail suggesting X should pay me a fee for the copyright.
But my main question still remains. Since I’ve already “assigned [all] exclusive rights” to publisher and X, what value or purpose does the copyright have for me anyway? I’m sure I’m missing something very basic, but pretend I’m an imbecile.
IANAL, but my impression is that if you are the copyright owner you can publish it whatever rights they claim. I mean they can sell the movie rights if they own them, but you can republish the book. That’s the attitude I always took. When the publisher returned to copyright I could and did find a new publisher (in one case) or post it on my own site (in another). If I am wrong, then I don’t understand either what it means to hold a copyright.
