Publisher to Author: You do the work. We pay you nothing. You relinquish all rights to your work forevermore. Oh, and about that word “commissioned” in the Guidelines. It means nothing.
You’re thinking, she’s kidding, right?
You are wrong. Let me tell you a little story.
I am the author of a book about Philip Pullman’s His Dark Materials. You’ll be hearing more about that later.
I was asked by a press, founded in 1887, which I will call – wait while I pull something out of the blue here, don’t want any litigation in my life — “Closed Session” to write an essay for a book about His Dark Materials, a forthcoming volume in a series. By the way, there are 37 titles in this series.
The Guidelines sent by the editor included this statement: “4. This is a commissioned essay. Be prepared to revise your essay several times in cooperation with the volume editor and the series editor. Even the very best essays require some revision.”
As the deadline approached I started fretting. If this is a “commissioned” work, does that mean it is a “work for hire.” Won’t that mean I’m selling my rights? And why haven’t I gotten a contract or agreement or something of that ilk? Shouldn’t that come before I’ve done the work and sent it off?
So I asked for clarification. The volume editor told me that there is no payment for the work (but I would get 10 copies of the book! If I had 9 kids, I might have some use for these.). And he included a clause from previous contracts to indicate what I could expect:
“You hereby grant all right, title, and interest in the Work of every
kind, nature, and description to us, including, but not limited to (a)
the right to use, print, publish, license, exploit, sell or otherwise
dispose of the Work and any translation thereof in such form as we may
at any time see fit; (b) all subsidiary rights therein, such as internet
or intranet on-line network rights, electronic database, CD-ROM,
mechanical, or other electronic storage system (video or audio) rights,
including without limitation, e-book rights, and stage, radio,
television, and commercial exploitation rights, and the like; (c) all
publication rights therein, whether in book form or in magazines or
newspapers or electronic form, or otherwise; and (d) the right to secure
copyright in the Work in our or the Publisher*s own name and for us or
its own benefit in any country throughout the world and in any language
and to secure any renewal of copyrights. Without limiting the
foregoing, you agree that we may transfer all grant of rights hereunder
to the Publisher.”
Reader, I bristled. Time to have a little talk…