Publishing Expo: Rethinking author contracts for the digital world
By Paul Biba
Christopher Kenneally, Copyright Clearance Center, moderator; John Silbersack, Trident Media Group; Sara Pearl, Trident Media Group
John Silbersack: literary agent. even for major authors electronic book sales only account for a few percentage points. Meeting with ebook companies who want to explain their ebook models almost every week, but still very little money being generated on these deals. Most companies don’t offer an advance but higher royalties. These companies are also selling a marketing platform. Probably not the time to fight the battle about who owns backlist ebook rights because of low monetary value. But it is a battle that will have to be fought eventually. 700 backlist works in the Isaac Asimov estate. How does the agent make them available? Time to try short term licenses and experimentation to find best way. Often these new products will be sold side-by-side with the original book. What makes this content different and takes it out of verbatim rights? For out of print books that have reverted to the author, spending a lot of time now sending termination notices to publishers. For the last 50 years in publishing has been a pretty common practice to use orphan works without permission and put aside some money in case someone comes forward. Not so different than what Google is doing now. For the working writer the Google settlement doesn’t make much difference because can opt in/out. How Amazon take a larger percentage of revenue from an ebook sale than the author gets.
Sara Pearl: lawyer. Amazon thinks of themselves as publishers. Their view is that they are creating a new product. For front list publishers very clear that they keep verbatim rights, for “new media rights” those tend to be reserved by author. Author contributes about 20% of “enhanced” work and a lack of clarity about who creates the remaining 80% and what rights are involved. Cost/benefit to any one author to go ahead with any one of the new projects is pretty small. Very unclear as to how any of these enhanced works fit in with verbatim rights as opposed to media rights. Will eventually have to be litigated. Most of what people worry about the Google settlement is a really small piece. For the average author may mean a few extra dollars. Opt out will probably kill the settlement.
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