# What value or purpose does my Copyright have? **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [August 4, 2010, 10:17am UTC](https://boards.straightdope.com/t/what-value-or-purpose-does-my-copyright-have/549124 "2010-08-04T10:17:05Z")\ **Posts on this page:** 5\ **Page:** 1
**Author:** ![septimus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/septimus/32/410_2.png) [@septimus](https://boards.straightdope.com/u/septimus)\ **Post date:** [August 4, 2010, 10:17am UTC](https://boards.straightdope.com/t/what-value-or-purpose-does-my-copyright-have/549124/1 "2010-08-04T10:17:05Z")
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. > [@](#): > > 1. Grant of Rights; Term; Territory. The Author grants and assigns to the Publisher, during the full term of copyright and any renewals thereof, the exclusive rights to manufacture, publish, distribute and vend the Work in the printed form and all E-versions in any and all languages throughout the world, together with all ancillary and additional rights pertaining to the Work. Author hereby acknowledges and agrees that [Companies X] are third party beneficiaries to this Agreement and the imprimatur of the Work. > > 2. Copyright. The Publisher shall copyright the text of the Work in the United States in the name of the Author. Notwithstanding the foregoing, any such ownership rights of Author shall not include any patent, copyright, trademark or other intellectual property owned by [Companies X]. Other than in connection with the creation of the Book under this Agreement, Author (including its assigns), shall thereafter not utilize [said properties], even as embodied in the text of the Work… [etc.] ---
**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\ **Post date:** [August 4, 2010, 12:59pm UTC](https://boards.straightdope.com/t/what-value-or-purpose-does-my-copyright-have/549124/2 "2010-08-04T12:59:25Z")
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. ---
**Author:** ![septimus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/septimus/32/410_2.png) [@septimus](https://boards.straightdope.com/u/septimus)\ **Post date:** [August 4, 2010, 3:41pm UTC](https://boards.straightdope.com/t/what-value-or-purpose-does-my-copyright-have/549124/3 "2010-08-04T15:41:35Z")
> [@RealityChuck](#): > > At the very least, say you’ll give up copyright for an extra $5000…You are in the driver’s seat here and if the company refuses to play ball, take your $2000\* and look for another publisher. 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. 😃 ---
**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\ **Post date:** [August 4, 2010, 4:03pm UTC](https://boards.straightdope.com/t/what-value-or-purpose-does-my-copyright-have/549124/4 "2010-08-04T16:03:22Z")
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. ---
**Author:** ![Ellen\_Cherry](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ellen_cherry/32/3600_2.png) [@Ellen\_Cherry](https://boards.straightdope.com/u/Ellen_Cherry)\ **Post date:** [August 4, 2010, 4:45pm UTC](https://boards.straightdope.com/t/what-value-or-purpose-does-my-copyright-have/549124/5 "2010-08-04T16:45:33Z")
**septimus** , you are in fact asking for legal advise based on your precise circumstances. Please consult a lawyer. Closing thread. **Ellen Cherry MPISMS Moderator**