Now, there is always the possibility of pissing off the folk in the industry who pay our wages so discretion is always recommended.. so here's the nub... I will write this blog, honestly, openly, about getting work made or published and written as openly as I can, whilst also respecting where justifiable, other peoples concerns... (Please ask me questions... I will answer.. honestly.. don't be offended!)
SO... rights. I'm, currently involved in a deal negotiation for two picture books with a major, and very good, publisher. Let me be clear. I like them, I like the people I'm talking to and the prospect of being published by them - very very exciting... BUT... They have sent a standard contract through. BEWARE!!!!! Standard means catch all... in other words... we'll give you X (the up front for a book) BUT we'll take (and therefore control) all rights... digital, film, TV, stage, Merchandising etc...
Now... my Mum, Doreen, was amazing because she could always see both sides. Often I realise I have inherited this from her. Blessing and curse - but more often a blessing - Thanks Dof.
The author/illustrator is only selling the book rights. The advance is based on book rights. Wrapping in other rights into that deal is sneaky and should not be agreed...BUT...
If I were a publisher and was risking my money to take a concept, character or format to the market I might like to benefit from other exploitation in more ways than simple uplift. After all, the interest is there because of the audience created by the book.
I think there is a healthy middle ground here that, in this current age of many forms of exploitation, benefits everyone. Give the publishers a kick back on other rights (ie a % of purchase prices etc) and the opportunity to source deals (ie bring film, merch deals to the table) That way everyone benefits from the continued exploitation of a great idea... it isn't rocket science.
Authors, Artists... kick back, ask, hold on... but be reasonable. Publishers... don't ask for it all because that leaves a bad taste. Propose a fair deal. Authors/Artists should accept a fair deal. Then we're all happy.
Most of all lets stop making the lawyers rich. Lets stop wasting time. Propose fair deals straight away. No-one is stupid... save us the time of arguing... I will create a template if people feel it will be useful...