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Your book can be so much more than just a book!
The publishing industry has been ‘exploiting' (their word!) the rights of authors for many years, but as indies we can now start to exploit our own and make the most of our intellectual property. In today's interview, Orna Ross explains the different rights related to your work.
In the intro, I mention the launch of my new book, How To Market a Book.
Orna Ross is the bestselling author of literary fiction, as well as writing non-fiction books on creativity and author guides to the industry. Orna is also the Director and Founder of the Alliance of Independent Authors.
- Why Orna knows so much about this stuff! She has worked on every side of publishing for nearly 20 years. She started as a journalist and then moved into book publishing with a small press non-fiction book. She had fiction traditionally published and then opened a writing school, which then led to represent authors as a literary agent. Then she started to self-publish and champion indie authors.
On copyright and piracy
- Copyright belongs to the writer and is granted as a protection for writers. It remains with the producer of the work and it is in the expression, not the idea. You can't copyright an idea or a book title. What we license is the right to get some money for this work for a particular term (how long), and for a particular amount of return (how much). Copyright is yours on creation of the work, and you don't need to register the work or mail your manuscript to yourself. It is a passive right and the power lies in the fact it exists. It's unlikely you will take people to court over piracy, and in fact, we talk about authors like Neil Gaiman, Cory Doctorow and Paulo Coelho who have used piracy as a marketing mechanism, as well as Tim Ferriss launching on BitTorrent. Piracy is not the issue, obscurity is.
On exploiting rights yourself as the author
- In traditional publishing, it is the publisher's job to get as many rights as possible, but they don't always exploit them. It's the agent's job to sell as many rights, and get them exploited, as this brings in more income for the author. Limiting the terms is also critical so you can get your rights back eventually. But now, in a fast-changing world, indie authors can sell rights themselves. The book is just a starting point.
- Both Orna and I favour a hybrid model, where an author sells rights if appropriate and weighs up each decision per book. It's always important to put a time limit on it though. The reversion clause is critical with trade deals. Make sure you have your exit worked out, so that if it doesn't go so well, you can self-publish later. Many authors currently doing really well have a backlist of books they have the rights back to.
Short Story Rights
Short stories are magical. Serial rights can go to the publication e.g. magazine and you can even sell second serial rights. You can also sell anthology rights and also sell the story yourself as a short story collection. I've done this recently with a series of stories for Kobo based around Dante's Inferno. You can find ‘A Thousand Fiendish Angels' here. This is a very fair contract and shows how dedicated to authors Kobo is.
Audio rights
- We can all do print and ebook publishing in our own languages. That's easy these days, but getting into audio is the next big step and it is starting to become accessible to authors. In the past, it has been very expensive but now ACX.com, Audible's Creation Exchange, makes it possible for authors to collaborate in audio projects with narrators and producers. Orna visited the ACX studios in Newark and saw first hand how Audible are creating audiobooks faster and for lower costs. [As of June 2013, ACX was still only for US authors but hopefully they will open up globally over time.]
I have recently signed with Gryphonwood, a small press to go through ACX using brilliant voice talent, Veronica Giguere. Pentecost is already available on Audible and Prophecy is under development now. Although I received no ‘advance', we all receive royalties over time, as joint venture partners in the project, and I haven't had to pay anything upfront or do anything to produce the work. It's a win:win as far as I am concerned. This entrepreneurial JV approach is most likely the best way for indies to get their rights exploited.
- These rights last 70 years after the death of the creator, so these are long term rights and you have to think about long-term income. It is truly magical because you are creating assets that continue to earn money your whole life and after you die. AMAZING! So stop being obsessed with that short term sales spike and consider the long-term. “Short-term-ism is the death of the artist.” Focus on creating a body of work that you are proud of. I mention Iain Banks, who recently died young but left an amazing legacy.
Foreign language rights
- Unless you're bi-lingual, you're unlikely to be creating books in languages other than your own. You can sell your foreign rights but you can also work directly with translators. I've been obsessed with getting my ARKANE books into German, as that is a big market (81 million) who also love thrillers like the ones I write. In the last week, I have started a process of working with a German translator to take that forward.
- A collaborative partnership is what you want, with something in writing, but the contract should only be wielded when things go wrong. It should be simple and explain exactly who is loading the book, where the money goes first, how it is split and how it all works practically. I'm very keen to work in 50/50 joint ventures with translators and am actively looking for partners to work with. [Please do contact me if you are a translator, especially for Spanish, Japanese, Mandarin or Hindi!]
- On language vs physical territories e.g. Spanish translation can be for Spain, South American countries and Spanish in all other languages. The general aim is to keep rights as small as possible so contain it by language and territory. You should also try NOT to sell World English, and aim to sell per territory e.g. North America or North America print English. These rights can break down into smaller and smaller chunks.
When is it worth using an agent for these rights?
- Many agents won't work on just these sub-rights. It has to be worth their while. Orna mentions PubMatch, the Publisher's Weekly translation rights service. The Alliance has used an agent for foreign rights but most deals haven't been big enough to be worth negotiation. But basically, you can get these deals without the traditional agent situation. Yes, it can help, but you can also do this as an indie, and it is happening more and more often. Because the deals we can make are more worthwhile at this smaller scale.
- You probably still need an agent for film rights, since this world is quite different, especially if you are going bigger than a local company. But everything else is becoming more and more possible. It's an exciting time!
Orna talks about the Alliance of Independent Authors, which educates and advocates for indie authors. I am a very happy member and particularly enjoy the Facebook group where we share what works and help each other with questions. Orna talks about how excited she is about the self-publishing revolution and how it is transforming the industry. She wants to be in the centre of the revolution! It's a great way to network with other authors, find friends and hear about successes as well as learning from each other. I mention how isolated I felt at the beginning of my own author journey and how this is a great network to start with.
- Orna talks about how she balances her time between creativity and creation and also the social/email/business side. She needs the entrepreneurial side (as do I!) She does have some books coming out on creativity later this year, including one on free writing and also meditation and developing your creative intelligence.
You can find Orna at OrnaRoss.com and her books at all online bookstores. Her creative blog is HowToGoCreative.com. Her latest novel is ‘Blue Mercy‘, brilliant literary fiction, and she is also on twitter @OrnaRoss.
You can find the Alliance blog at SelfPublishingAdvice.org
Please do leave any questions or comments below, as this is a hugely important topic for authors.
Hi Jo,
Thanks for hosting the interview on this important topic for authors. I really enjoyed doing it. If your followers have specific questions about their own rights situations, they can leave a comment below and I’ll try to advise.
Hi Orna,
I am in the process of writing a book which includes contributions from others via interview (in-person or Skype) and questionnaire responses. I have had interviewees sign a release form, while Skypees (?) have give an oral agreement that I can use their words for their book. Q1 is that sufficient? Should I be requiring those who sent me responses to the questionnaire to sign something too, even though they know it’s intended for the book?
How about use of comments and blog posts that I would like to use as part of my findings for the book. How do I work with this, legally?
Thanks,
Becky
Hi Becky, the general guideline would be to protect yourself as much as possible and once your invitation to reply makes it clear that the responses are for publication, that should be fine. Regarding quotation from comments or other blog posts, you are allowed “fair use”, which is a small proportion of the piece or summary, whereby you summarise what was said in your own words. What you can’t do is copy and paste great chunks of other people’s work, even if attributed to them, without their permission. Hope that helps.
Good advice on foreign language rights, Orna. I will be looking to get my forthcoming debut, Cimmeria Sunrise, translated. Are you aware of any available resources where I can get more information on this?
Yes, Pubmatch.com provides a good service. There is a free option but we have negotiated a deal for our members whereby paid membership (normally $79.99) will be theirs for $5. And we will be sharing information about good foreign rights publishers for particular books. So you might like to join us at http://www.allianceindependentauthors.org for further guidance. Good luck with Cimmeria Sunrise!
I’m toying with different ways to handle my foreign rights and am not sure whether to use Pubmatch or not. Is there anyway to find out what rights Pubmatch has already sold?
Hi Diana, this will be an option through your ALLi membership at a very cheap rate so probably worth a punt to see. I have asked that very question and will let you know as soon as we know. I imagine it’s like most everything else in indieland, that you get out of it what you put into it.
Thanks for hosting this, Joanna. Interesting interview, Orna. I suppose I’ve wondered before about translation rights or working with a translator but is it worth doing it at the beginning of a series or if you’re still finding your feet as an author? Would it be better to wait until the book is selling well? How do you determine what markets to target for translation?
Hi Eliza, Using Pubmatch is going to make this much easier for you. (I know you’re a free member at the moment) but once you have paid membership, you will get alerts about foreign rights publishers who are looking for books like yours. I think it’s worth thinking about all rights from the beginning, as you would with marketing and promotion, and as you go forward — but always making sure that writing remains the first priority. Doing a little on it each week is a good way to go.
Hi Eliza, from my perspective I think it’s worth pursuing once you have a few books. I think translators will be more interested as well – certainly for JV models. In terms of which markets, then clearly the bigger the market for that language, the better but also the penetration of ebooks is important. Right now, Mandarin is probably pointless as indies don’t have a distribution method yet (that I know of anyway) but clearly Spanish is good for the US Spanish speaking market + South American countries + Spain. I wanted German as I know my kind of thriller does well there and I think ebooks will be taking off there in the next couple of years.
Thanks Orna. Joanna, that was my feeling, too. I think with just one book, I’m limiting myself. In a couple of years and with the completion of my trilogy, the work may seem more worth it for translators.
I would love to publish audi versions of my books, in particular the two hist.ficts, but being resident in Australia, of course, ACX is beyond me. I’ve been surprised that in the two years I’ve been watching ACX, that they haven’t gone global yet.
My question is this: what do you think about rights etc in the context of partnering with an American friend with my books, purely so that I can have them published as audios. Would I be playing with fire? My insecure self says even the best friendships can be lost in business.
Hi Prue, a lot of people share your frustration. I did raise this with Audible while in Newark and while I can’t give you a date, I can say that I don’t think we’re going to have TOO much longer to wait. One the other matter: as somebody who lost a dear friend through business issues (something we both thought would be absolutely impossible) I personally would recommend caution there.
Thank you, Orna. I’ll wait then, as I cherish the friendship as it is. Your advice is greatly appreciated.
I would also avoid JVs with friends – I have heard too many horror stories! I signed with a small press in the US to get my books on Audible, but very different from doing it with a friend.
I agree. Before I started reading your blog and others about self-publishing, I wondered how to sell 500 books if I had the money of $1000 and I was confident enough with the self-edited novel. Desktop publishing with Microsoft Office was all I knew so I could make a cover with the fonts if I did not like the suggestions of the printer. The print shop was owned by a lawyer and a state senator and a friend of my parents so I was not worried about the legalities. Today with everything, which I now know, it is an exciting ride to see if one can make a living on their own by self-publishing. I eventually plan on doing both (traditional and self-publishing) so it is good to learn the “ins and outs” of self-publishing.
Can the buying public download eAudio books with Ipads and tablets and laptops and desktops from the Internet?
Hi Daniel, yes they can — which is what makes it so great. Good luck with your publishing plans!
Check out Audible.com Daniel, and you can buy audiobooks from many other outlets.
I thank you. It is certainly worth considering.
My question is similar to Eliza Green’s: At what level of sales would it be worth looking into selling subsidiary rights or launching into audio? I assume all of the above apply only to eBooks that are selling like hot muffins!?
Plus you never know JJ, my husband and I were laughing about the possibility of me being the thriller David Hasselhoff 🙂 If you don’t know the details, the Hoff is obviously a TV star in the US but he’s also a musician and is HUGE in Germany, but nowhere else!
Hi JJ, yes of course, it’s always easier to sell rights to books that are already selling well — but sometimes it’s possible that you’ve written something that fits precisely into a foreign publisher’s requirement and it’s easier for them to buy the translation rights from you than try to commission a writer in their own country. (most common with nonfiction). And sometimes they, just like a home territory publisher, can just love you, your writing or your book and want to publish you. From the author’s perspective, I think it’s about having a plan, spending some time investigating the world of translation rights as it pertains to your book, remaining open to what’s possible and availing of opportunities if you see them. While always keeping the focus on writing first. We’ll have news of the Pubmatch arrangement in the next ALLi newsletter — so you can take a look then and see if it suits you. Thanks for dropping by here, JJ.
I just finished listening to your podcast on the ins and outs of copyright law. Your guest forgot two very important issues: (1) Since 1989 the whole wide world has been under the Berne Copyright law. The most important point in this dictate, the copyright belongs to the author the moment he or she starts creating. A copyright office “registers” the copyright that already belongs to you as the author. You do not have to register your copyright to own your copyright. You own the rights to your work because you are the creator. (2) Some companies, notably Penguin Books do not require a copyright on works sent to them for review. I have an e-mail from Penguin that says, in so many words- “If we like your stuff we will take out the copyright on your work for you, and in your name.
Thanks for reading this!
Hi all
So I do my original writing using Google Drive and the odt simple docs, mainly because of the “write once get it” anywhere aspect. Anyway, I was futzing around tonight and I opened one of my chapters. I opened the Tools menu and spied the “translate” option which I had never seen before. So I translated the open chapter into French which I can read passably well. And the rest was MAGIC!
I was shocked, in a very good way. There was the translated chapter already done after just a few milliseconds. All at the click of a button. To me this is a game changer, if only because now I can at least see what my work looks like in another language. It also gives me something that is written in the second language, so now, in theory I can hand off a document to the translator and MAYBE it would go a bit faster/better since it is already in the language.
So I thought this might be worth sharing. imo, this option in Google Drive, at the least, it is an eye opener if only because it is neat to see your creative work written in another language. Who knows? Maybe this is a way to make foreign language editions a bit more affordable for the indie author?
In my experience, Jeff, those auto-translation systems are poor and produce laughable translations. Take a look at any Wiki article in German and click the translation button to see what it produces in English, for example. Or show your chapter in French to a Frenchman and see what he thinks. I don’t believe any robot can do credible translations.
After my first post I knocked around in Google some more. While the translating that Google does is only going to get better, I am left wondering about its ability to understand nuance and all the other subtle issues that makes a book such a great thing. The research was a definite let down after the initial fun of finding the tool.
interesting points about the many ways to exploit one’s creative work
re copyright,
“It’s unlikely you will take people to court over piracy…Piracy is not the issue, obscurity is.”
i tend to agree with this, but would like to paraphrase it a touch to say, “Piracy is not the issue, legally defensible rights are.”
first, i’m not an attorney, so this is all by what i’ve read or heard; second, this is based on something that happened to me back in the early 80s – that registration of one’s copyright, with the Library of Congress, is often the only way one can get legal representation
what happened with me, way back decades ago, is i wrote a play that i sent off to a theatre on the west coast, and had it returned rejected; no big deal, usual stuff
however, less than a year later, a movie, same title, setting, and general set of characters and story line, came out; the movie bombed, but that’s not the issue
because i hadn’t yet registered my original script, i had no standing, and i was poor, almost as poor as now 😉
now, i don’t know if the whole thing was co-incidental, i have no idea; the point being, for less than today’s cost, $35, i could have had a case for the two being “too” similar without some compensation, legitimately so; it could’ve changed my life for the better, but didn’t, for lack of paying $10 or $12 dollars back then, i don’t remember how much exactly
so, from my point of view (and works can be combined into “collections” – see the LOC site for more info) if some work is worth enough to care about, and not necessarily piracy, then it might be worth considering registering it with LOC, https://eco.copyright.gov/
meanwhile, as always, best wishes everyone 😉