Agents Angered by S&S "Rights Grab"

by Jim Milliot -- Publishers Weekly, 5/18/2007 7:29:00 AM

Agents are strongly objecting to a change in Simon & Schuster’s contract language that gives it the ability to retain book rights even if a title remains only in the publisher’s electronic database. "They’re rewriting the rules and saying rights will never revert back," said Brian DeFiore, head of DeFiore and Company. Writers House’s Simon Lipskar said that while he had not seen a contract with the changes, from what he’s been told it appears S&S has engaged in "a rights grab." Lipskar added that Writers House "will not be comfortable recommending to our clients that this change is good for them."

Gail Hochman, president of the Association of Authors Representatives, said the organization had not yet taken a position on the issue, although it was considering sending out an alert to its members. She added, however, that it wasn’t the AAR’s role to tell publishers how to do their contracts. From her personal standpoint, she said the change was a mistake, and she will discuss the issue in negotiations with S&S.

Yesterday, the Authors Guild publicly raised the issue by sending an alert warning members about the change and urging them to consider not doing business with S&S. The publisher accused the guild of overreacting to the new provision and released a statement that read, in part: "We are embracing print on demand technology as an unprecedented opportunity for authors and publishers to keep their books alive and available and selling in the marketplace in a way that may not have been previously possible for many authors, and are confident in the long term it that will be a benefit for all concerned."

That didn't sastisfy agents who pointed to the fact that by changing the language, S&S is looking for an extra grant of rights not given to other publishers. "All agents will think long and hard about selling on the same terms to Simon & Schuster, since they are asking for something no one else has," DeFiore said. Lipskar said the new terms alter the standards of practice that have existed in the industry. "We feel strongly that this is not a direction we want to see our contracts go with S&S," Lipskar said. DeFiore said the offer by S&S to negotiate with agents and authors over the reversion issue might work for a few bestselling writers, but he added that since S&S "is going through the pain of instituting this policy, clearly they’re not going to back off unless the agent holds all the cards in a negotiation." Georges Borchardt, head of the Borchardt Agency, said the move had the potential to create a two-tiered system where big authors would get a decent contract and others would not. If the policy stands, Borchardt sees the possibility of major authors only signing deals for a 10-year period, rather than for length of copyright.

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