Packagers and work-for-hireable that the copyright remain with the author or, at the very least,
that it return to the author after a period of time, or once the book
is out of print. In no circumstances should the copyright be relin-
quished when a novel is wholly the author's.
Now, what about compensation? Are flat fees ever fair? Should
an author be due a royalty regardless of who controls the copyright?
Again, that depends. The law allows packagers to pay as little as
they can get away with paying. When a flat fee is offered, take a look
at what the project might earn down the road. The back-end rev-
enues might be good (or bad). Look, too, at the sub-rights possibil-
ities. The packager may not agree to a royalty or sub-rights split, but
it never hurts to ask.
When given, royalties in a packaged deal are generally less than
royalties for an author-owned work. Royalties of 1 and 2 percent
are fairly meaningless unless the work sells better than most.
Where that is unlikely or just a remote possibility, I usually try to
get my clients at least 50 percent of all revenues, half of the pre-
vailing royalty and half of all sub-rights income. I do not always
get it, though. Packagers know how cheaply some writers are will-
ing to sell themselves.
OTHER CONTRACT POINTS
Two other important points to consider in work-for-hire contracts
are creative control and approval of the completed manuscript.
Generally speaking, packagers will want the ability to change what
you write, to add to it, subtract from it, and to edit or rewrite it as
they see fit. If your name is going on the book's cover this may be an
issue of some concern. If so, you will want to be certain that your
contract grants you absolute control, or at least approval of the
changes that the packager makes. If that cannot be obtained, then
secure your right to remove your name from the book at your option.
If the work in question is largely your own, and no third parties
beyond the packager and publisher must approve it, then there is a
strong case to be made for author control of any changes. However,
the situation alters when the loop includes a licensor. The licensor
probably has its own creative concerns, as well as an interest in pro-
tecting the integrity of its underlying property. DC Comics does not