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?

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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“Why Don’t You Just Publish Bestsellers?”

“Why don’t you just publish bestsellers?” I think everyone in publishing has gotten this question at least once. And don’t we all smile knowingly to ourselves that it is not quite that simple.

Of course, every once in a while someone comes along who thinks it is that simple. Here you will read about Jonathan Karp at Twelve who seeks after the Holy Grail of publishing.

Certainly he is to be commended for limiting his list to give every book the best chance possible (publishing only one title a month–thus the name of the firm). Every publisher knows that too many books can mean that each book does not get the editorial or sales, marketing and publicity attention it deserves. With over 290,000 new books published in the U. S. in 2006, all publishers have to ask if they are doing too many.

Of course, it is not necessarily the goal of every publisher to only publish bestsellers. For some the goal is to publish the best books of a certain genre and still stay in the black. Nonetheless, it will be worthwhile to check in with Jonathan Karp in three, five or seven years. For we can also lay alongside the common question noted above the dictum: “It is easy to get into publishing. It is hard to stay.”

How Long Does It Take to Publish a Book?

In August we received a request from an author to publish their book by Christmas. Next July we will receive a request from someone to publish their book before the November election. I mean, how long can it take to publish a book? You get it typeset and printed and you’re done. Right? A month? Two months maybe?
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Publishing for Profit

The old joke defines a consultant as someone who borrows your watch and then proceeds to tell you the time. If a consultant writes a book, however, that is a different matter. And what more appropriate topic for a consultant to write a book on than publishing itself. That’s just what Tom Woll, president at Cross River Publishing Consultants, has done.

Over the years I’ve read a number of books on publishing, and in most I have found several helpful ideas I have been able to implement. Woll’s Publishing for Profit is no exception. Periodically over the next few weeks I’ll be summarizing one or more chapters of the book at a time, highlighting insights and commenting as I go.
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One Flew Over

It seems that everyone wants a say about the new book There Is a God: How the World’s Most Notorious Atheists Changed His Mind. It started with publication of the book last month by Harper One about Antony Flew, a British philosopher who wrote a pivotal essay in 1950 called “Theology and Falsification,” originally presented at the Oxford Socratic Club chaired by C. S. Lewis. Reprinted many times over, it has been a guide for atheists ever since.
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