Wednesday, 26 May 2010

TRANSPARENCY - RIGHTS

Strikes me there is little point in blogging without anything to say. What might people find useful? What do I find useful? Shared experience. Simple really.

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...


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