Packagers and work-for-hirement has been drawn up between a packager and an author. In this
instance the law also allows the packager to hold the copyright.
What the writer is owed for his creative effort is defined entirely by
the deal that he strikes.
In other words, if a novel-to-be has been commissioned, then the
author's rights and compensation can be fixed rather than open-
ended, as with royalties. Needless to say, work-for-hire horror sto-
ries abound. I know one science fiction author who wrote the text to
a kids' picture-book version of a well-known SF movie. Her book
sold some 750,000 copies and was the second best-selling hardcov-
er of its year, surpassed only by a novel by lames Michener. Her fee?
A flat $6,000. (Later, her publisher did pay her a small bonus.
Whoopee, huh?)
Let me tell you an even more horrifying story. There once was a
well-regarded literary novelist—let's call him "Tim"—whose writing
was much admired by the editor of a certain science fiction imprint.
One day at lunch a packager heard this and later called Tim. He sug-
gested that he package a novel to which Tim would write the text
and for which he would commission a cover and interior illustra-
tions. A deal might be obtained, he suggested. In fact, he already
knew an editor who might like it.
Tim went for the deal. He wrote a proposal—the concept was
entirely his—and sure enough the packager turned around and sold
it to the editor who admired Tim's work. Now, this same deal could
have been done by Tim's agent for a mere 10 percent commission;
the publisher would have provided illustrations and art for free.
Instead, the packager inserted himself into the situation and both
took a large chunk of the revenues and kept the copyright.
Granted, in most cases the packager contributes more than that,
but you can see how a writer can get ripped off in a work-for-hire sit-
uation. (By the way, Tim does not think that he was ripped off. He
considers the packager his friend, and is grateful for the contract. I
must admit, it did result in a terrific fantasy trilogy that might not
otherwise have been written.)
What do you think? Was Tim ripped off? Is the packager entitled
forever to control the copyright to Tim's work, not to mention his
revenues?