The career novelist

(Nancy Kaufman) #1
Packagers and work-for-hire

so long that the author's advance, which previously had seemed
good, became less and less adequate.
Building in a time limit for revision requests and final approval is
also a good idea; that is, revision letters should be sent within a cer-
tain period after delivery, and approval of the revised manuscript
should also come in a timely manner. And what if the final manu-
script is, for some reason, unacceptable? A contract that calls for the
author to return moneys previously paid is unfair. In work-for-hire
projects writers are being paid for their effort, not for the final prod-
uct, which, after all, the packagers can rewrite to their satisfaction.
If a manuscript is finally disapproved, I contend that it should be
returned to the author (together with outlines, drafts, and computer
disks), and no further use of its content should be allowed. If the pack-
ager is going to use even a portion of that "disapproved" manuscript,
then it is fair to say that the author has done his job, at least in part, and
is entitled to payment that reflects the time and effort he has put in.
Further, if the rejected manuscript is returned to the author, the
author ought to be able to make use of any ideas, plot lines, char-
acters, or places that are not proprietary to the packager or to a
licensor. That is only fair, especially if payment is to be revoked.
Cover credit is something that most writers want on their work-
for-hire novels, but there are cases in which an author may not want
it, such as when the novel has been rewritten by another. Nowadays
most packagers will agree to remove an author's name from the
finished book if she desires, provided that the request arrives in
adequate time.
Hopefully, everything will go well, the novel will be a success, and
everyone will make money. If so, the author may want to write any
future sequels. However, nothing obligates the copyright holder to
use the author again unless it is spelled out in the contract in
advance. If you want it, ask for it.
Finally, be sure the contract provides you with author's copies,
and allows you to audit the packager's accounts and records as they
relate to the work. If you have been paid a flat fee that is one thing,
but if you have a royalty due or a cut of sub-rights revenues then
your interest in the work is as material as if it were a novel of your
own. Protection is your right.

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