Juno Books

The Authors Guild has their panties in a wad over an alleged change to Simon & Schusters boilerplate contract.

First off, I haven’t SEEN the contract language. I assume the Author’s Guild has, but unless you’ve read it yourself, I’d say common sense would be to avoid commenting on the contract itself. I certainly won’t do so.

Second, the headline of the AG’s actual release says (rather tellingly): “Simon & Schuster APPEARS To Be Seeking A Permanent Stake In Authors’ Copyrights” (emphasis mine). They don’t seem to be so sure themselves about what it is they are protesting, do they?

Finally…Hello? In the publishing world, a “boilerplate contract” means a “standard” contract. You’ll find the term “boilerplate” means different things in different legal contexts, but I think here we can assume that what is meant is a standard contract the publisher is *offering*. An author can accept it as it is, or s/he can *negotiate*. That’s why the Authors Guild, for example, offers Negotiation Tips for Nine Typical Clauses.

As an agent, I assume a contract is meant to be negotiated. It may be fine as offered. It may not. My client and his project may have specific rights that must be protected or compensated that other authors don’t.

* * *

A publisher once offered me an employment contract that was, well, lacking in a basic understanding of the publishing industry. I countered their offer with suggested language of my own (on the informal advice of a legal friend). They never responded. I finally got hold of them and they said they were no longer interested in hiring me.

I can understand their ignorance, especially since I suspect their legal counsel had little to no knowledge of publishing. But that it never occurred to these folks that the idea of *offering* a contract mean *negotiation* was inherent to the agreement process was a little scary. (Scarier still if that was their lawyer’s concept!)

They evidently didn’t even feel it necessary to pick up a phone and say, “Sorry, take the contract or leave it.”

In retrospect, I guess maybe that wasn’t the best place for me to work after all. Eh?

* * *

Maybe S&S *is* Sinister & Satanic in their Evil Intent to Take Advantage of Innocent Authors. Or not.

The Authors Guild is a Good Thing and it seeks to Help People. But I also think that they may want to remember their own advice about *negotiating* a contract.

BOTTOM LINE: The out-of-print clause in any contract has been something to take special note of for a number of years now. You and your agent should know this. Other majors already have similar clauses. The AG even recommends this.

[I know of at least one author whose book(s?) was (were) with a major New York publisher appears to is already being kept “in print” via POD without their knowledge. (Well, the author knows now because I told the author.) I imagine this is not an isolated incident. In this case, it probably benefits the author.]

What can you actually DO to protect yourself? Do you NEED protection? Those are interesting questions that do not have the same answer for everyone.

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