Author: Andy Le Peau

I've been an editor and writer for over forty years. I am passionate about ideas and how we can express them clearly, beautifully, and persuasively. I love reading good books, talking about them, and recommending them. I thoroughly enjoy my family who help me continue on the path of a lifelong learner.

Copyright: Sell or Rent?

Copyright is one of the more difficult and complicated concepts to wrap your mind around. That’s largely because it has to do with an intangible object—intellectual property. Over the years I’ve tried a variety of ways to explain it to authors and others. Here’s one of the best I’ve used.

Copyright is like real estate. If you own a piece of property, there are two things you can do with it to get some dinero. First, you can sell the property. Second, you can rent it.

If you sell the property, you are relinquishing all rights to the property in exchange for some greenbacks. The new owner may build a skyscraper on the land and make a gazillion samoleans (or lose same). In either case, it has nothing to do with you. You are not helped or harmed because you have no legal interest in the land anymore.

If you rent the property, you agree to allow someone to use the land for a certain amount of time for certain purposes in exchange for an agreed amount of shekels. But since you have transfered certain rights to the renter, you can’t just do anything with the property you choose. You can’t rent it out to someone else at the same time figuring you can get twice the rent. You can’t tear down the building on the property. At the same time you still have certain obligations. Likely you have to keep the building in good repair. In any case you still own the land.

With copyright you can also sell or rent. A work for hire is like selling your land. You transfer full, irrevocable ownership of and rights to the work you’ve created to someone else for some dead presidents. The new owner may make a mint or may crash and burn. You aren’t helped or hurt by this because you no longer have any rights in it.

Work for hire agreements are often used with employees (who get their salary in exchange for the intellectual property they create on the job). Freelancers often sign a work for hire agreement to do some work that is part of a larger work or collection.

You can also rent your copyright. You transfer certain rights for a certain period of time. But again, after having signed such a “rental” agreement, you can’t do anything you like with it. In many book contracts, all rights are transferred from the creator to the “renter” (or publisher). Now the publisher can exploit the work in a variety of ways and is obligated to compensate you, the creator, as agreed. You are limited in what you can do on your own with the work by the terms of the publishing agreement you have signed.

Now the work itself may be copyrighted in your name (indicating that you are the owner), but because of your (rental) publishing agreement, what happens to your work is now in the hands of another until the agreement comes to an end. That could happen when the work goes out of print or when some other event happens as defined in the agreement, such as the publisher failing to fulfill certain terms of the agreement.

So real estate and copyright. The analogy works for me. What about you?

Good News, Bad News

When Chris got the report back about the manuscript, he knew it wouldn’t be good news for the author. While there was much to commend, the end result was that the whole manuscript would have to be rewritten. It had simply been done from the wrong perspective and wouldn’t work for the intended audience. And it wasn’t just one report that came to this conclusion. It was three.

So as the editor, Chris knew what he had to do. He called the author and asked if they could meet and talk about the reports. A time and date were set. When they got together, Chris was able to smile warmly and genuinely express what he appreciated and then deliver the no doubt unwelcome news that a large amount of work yet remained. He closed with appreciation again for the author’s hard work already.

The editor was following a principle I heard many years ago that applies well beyond the realm of editing: The worse the news, the more personal the communication should be; the better the news, the more permanent the communication should be.

So if you’ve got bad news to deliver, do it in person or (if that is not possible) on the phone. If it is good news, do it in e-mail or (preferably and if time allows) a handwritten note.

The message of good news offered in writing allows the receiver to reread it and come back to the compliment, word of praise, comment of thanks or report of good results more than once. It has a lasting, tangible quality that makes it feel more permanent. If it is spoken, it can easily fade from memory. Certainly we often want to–and it is appropriate to–get good news to people quickly, and in person is often best for that. But following that up with a note is a good idea.

With bad news, it is tempting to fire off an e-mail or letter and not have to face the unhappy recipient so directly. That may help you not feel so bad, but it won’t help the person you are contacting. With the personal touch, people are more likely to be responsive to what you have to say. At the least, one hopes they will feel they were treated with some respect.

The personal meeting between Chris and the author made all the difference. Certainly, that was not what the author wanted to hear. But because it was delivered in a personal, human way, the message was palatable. Work on revising the book began very soon.

Hiring Haste Makes Workplace Waste

It’s always a challenge when an employee leaves unexpectedly. She finds another job. He moves because his spouse took a position out of state. But when that employee was especially excellent or in a particularly critical role, it makes things even tougher. There’s work that needs to be done–important work, work with crucial deadlines looming and no one else to fill in. The pressure to hire and hire quickly works on you, gnaws at you, weighs on you. The temptation is to find the first warm body you can and throw that person at the work. I have one word for you: Resist.

One of the easiest and most common hiring mistakes is to hire a candidate you have doubts about just because you are desperate to fill a position. I don’t think I have ever seen this work. As a manager, you are trading a seemingly short-term fix for a long-term problem.

It’s hard, but the best thing you can do is wait until you have found the right person. It will be hard on you and the rest of the team to be short-handed for a while. But it will be easier on you and on the team if you find someone who is able to pull his or her own weight in the long run.

Otherwise you’ll have team members who resent having to pick up the pieces for the new employee who just can’t seem to get the job done or get it done right. And you will spend an inordinate amount of time trying to get the new employee up to speed, correcting the deficiencies and working through tensions in the team. As a result, the work might even be done as slowly as if the position were still vacant.

Ultimately, you will probably have to work through a way to help this person move on to another job, voluntarily or not. That is never a happy prospect, nor is it quick. Once again, you’ve lost time and effort on the important work that needs to be done.

Take the time to hire well the first time, and save yourself time, money and grief.
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Digital Dilemmas

Everyone agrees on one thing when it comes to the future of digital publishing. No one agrees.

Andrew Benneman, manager of the Digital Media Group of Chicago University Press (CUP), bravely lays out some thoughts on how publishers should think about their electronic future in a “free” webinar. (It’s free in that while it won’t cost you hard, cold dinaro, you will have to fork over your contact information.) If you have fifty-six minutes to spare, you can see the slideshow “Developing a Digital Distribution Strategy” with voiceover by Andrew here.

These were some of the highlights I took away.
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Accounting Mysteries

The accountants I work with are some of my favorite colleagues. It’s not their fault that accounting is backwards.

For example, “accounts receivable” is money other people owe you. And what does accounting consider this money to be that you do not have? An asset of course! And money you do have in the bank would seem like a good thing, right? Wrong. It is a liability if you have unpaid bills. No wonder eyes glaze over when accountants speak. (But as I say, it’s not their fault.)
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Easy to Get In. Hard to Stay.

“It is easy to get into publishing. It is hard to stay.”

I’ve mentioned this adage here before. The first half is drawn from the fact that virtually every facet of the publishing process can be outsourced with relative ease and relatively little expense. You can contract an author to write the book, a freelance editor to edit it, a typesetting firm to set it, a designer to create a cover, a printer to print it, a marketer to promote it, a distributor to sell it and an accountant to keep track of the money. You don’t need any employees. All you have to do is coordinate what everyone else does.
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Questions Editors Should Ask

Editors are responsible to bring new book ideas and proposals to the publishing committee. Previously I wrote about how weak books can kill strong books, especially if the committee has not been objective enough about a given project. Here are some additional questions editors can ask of themselves before they ever bring a book to the publishing committee.
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