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Life Plus 70

February 15, 2021 by Ethan Ellenberg

I’m sure you recognize the provenance of that title—current Copyright law grants authors a term of the author’s life plus seventy years.

It’s an extraordinary grant by any measure and I can’t think of anything comparable in patents or any other system that governs intellectual property.

Copyright, however, is only part of what governs the working lives of authors. Far more consequential are the actual contracts and licenses authors enter into, which, as a practical matter, are the real governors of their creative and financial lives.

In ‘the old days’, when, for the most part, an author’s only recourse was a print book publishing contract with an established book publisher, there weren’t a lot of choices to make. Your income was tied to the success of your book that was in the hands of a traditional book publishing company. When it went out of print, its active life was essentially over.

More choices emerged as authors and their agents gained power and agents began selling translation and movie rights on the author’s behalf, in addition to negotiating the book publishing agreements seeking better terms and fostering competitive bidding.

Now we are in a whole new world. There are different ways to be published and author incomes are coming from a far wider range of sources. The standard book agreement that routinely grants the mainstream book publisher a license for the ‘term of copyright’ has to be re-considered. If an author can make more money, have more control, and work with many more customers, his/her career decisions are more attractive, but also more complex and consequential.

The first issue to consider is whether mainstream book publishers will consider altering their traditional demand for a license that exists for the term of copyright. There’s no reason for optimism here, but Authors should start thinking about this. It won’t change without awareness and effort. I don’t like to use the word fair, but is it in an author’s interest to license their work for the rest of their life plus 70 years? Wouldn’t a change in this contractual term be hugely significant?

Beyond the term of license itself, one has to consider the Out of Print clause and the behavior of the publishers adjudicating it. I won’t explore all the intricacies at this time, and there has been good progress in this area, but more needs to be done. When small quantities of ebooks or a translation license are the only things keeping a book ‘in print’ and hence not eligible for reversion to the author per the terms of the agreement, things need to change. Publishers have to be more responsive to Out of Print requests. They also need to be more flexible in application of the rules. Books that are no longer performing for them should not go through long periods of decay as they age out, but should be reverted to their authors.

Additionally, as a traditional book contract ages, the original subsidiary rights granted to the publisher should be eligible for reversion, even if the book itself is in print. Whatever the subsidiary rights are, if they are moribund in the publisher’s hands, they should be eligible for reversion to the author.

Beyond what I believe are healthy, necessary changes in the basic terms offered by traditional book publishers, authors need to continue to evaluate the new paradigms that are available to them. These paradigms are already successful and there is reason to believe they will be even more so in the future.

Authors can self publish and having retained all the subsidiary rights, license rights to their books to audio publishers, foreign publishers and film/t.v. companies. There are challenges here to be sure, but the self publishing paradigm has been proven successful and the most successful self published authors have sold their rights in all these other formats. Here is where there is a radical change in the legal status of an author’s rights.

If they publish an ebook there is often no term of license and the author can change his/her plans at will. Audio licenses vary in length, with licenses of 3, 5, 7 and 10 years being common. Translation licenses also vary in length, with licenses also of 3, 5, 7 and 10 years. With talent available world wide, authors can commission their own audio books and translations. Breakthroughs in print on demand technology may someday soon see printed books available inexpensively at all kinds of locations including coffee shops and salons.

To recap, there are a number of key ideas here that every author should be cognizant of in all of his/her dealings:

–Copyright is life + 70. Your work is protected, its value will last longer than your lifetime. Plan for it.

–Non-traditional publishing, retained rights, re-sale of reverted rights, and monitoring your publisher are essential. The active life of your book is no longer a year or two and you are key to managing this part of your career, whether you work with an agent or not

Authors need to organize all their contracts and licenses and realize they are in the intellectual property business, and not just book authors. With ebooks easy to publish and Audio rights in demand, the opportunities are ongoing and inheritable.

Filed Under: News

Agency News January 2021

January 14, 2021 by Ethan Ellenberg

 

Once again we can’t proceed without acknowledging the pandemic and the heavy losses we have all experienced. Our condolences go out to the bereaved and our hope for recovery for everyone who is ill.

 

SCIENCE FICTION AND FANTASY

We’ve licensed a second to Baen in Jim Cambias’s The Billion Worlds Universe. This is titled THE SCARAB MISSION

We’ve made some significant sales for the multi-genre talent Barry Hutchison. We’ve licensed audio rights to a three-book spin-off from his DCI LOGAN series to Audible. We’ve sold Czech rights to the first DCI LOGAN series, written as JD Kirk. We’ve also licensed dramatic audio to his Space Team series, written as Barry Hutchinson, to Graphic Audio.

Nice news for Ian Douglas: Audible will include Altered Starscape Unabridged in their February DA Deals.

Sony Television has renewed its option on Melissa F. Olson’s series DEAD SPOTS.

Tony Peak’s new trilogy launches with Aethon and Audible; look for Eden Descending on February 16. The second in the series, Eden’s Tears follows closely on March 16.

We’ll be publishing a collection of Sharon Shinn’s short fiction, titled SHADOWS OF THE PAST. A second collection will follow. Our efforts to revert and re-publish and originate new work has been a big part of our current work.

HEAVEN’S RIVER, the 4th book in Dennis E. Taylor’s Bobiverse series, has been a tremendous success in audio, with numerous bestseller list appearances. Our POD/ebook edition will be published January 24.

 

ROMANCE

G.A. Aiken’s THE PRINCESS KNIGHT appeared in November and hit #120 on USA TODAY.

Look for MaryJanice Davidson’s new book, A WOLF AFTER MY OWN HEART, from Sourcebooks on February 21.

The Bertrice Small Estate continues to delight readers. We’ve licensed ten more titles to Tantor for audiobook. We have offers from Italy and Russia for translation.

 

FICTION

Brian Michelson’s WARBOT 1.0: AI GOES TO WAR has been picked up by Mentor Publications. We’re excited to see this great book distributed by them.

 

NON-FICTION

Charles W. Sasser’s PATTON’S PANTHERS has been optioned for film.

 

CHILDREN’S

 

HONEYBEE: THE BUSY LIFE OF APIS MELLIFERA by Candace Fleming and Eric Rohmann has won numerous awards and we’ve licensed Korean rights.

We’ve licensed another title to Scholastic for Candy, Codebreakers of Bletchley Park.

Shaftesbury has renewed its television option for Marthe Jocelyn’s AGGIE MORTON series.

We’ve published our first activity book, WIZARD WORLD: THE MAGICAL BOOK OF ILLUSTRATED MAZES by author/illustrator Michelle Nunley.

 

 

 

 

 

 

 

Filed Under: Agency News

Agency News: September 2020

August 21, 2020 by Ethan Ellenberg

SEPTEMBER 2020 NEWS

We hope all are well and coping with the pandemic. We’re grateful to everyone on the front lines who perform the needed work to sustain our society. Our work continues, so here are some updates:

SCIENCE FICTION AND FANTASY

Jim Cambias has delivered THE GODEL OPERATION: A STORY OF THE BILLIONS WORLDS to Baen.

We’ve sold a new book by Ed Willett to Daw, THE TANGLED STARS.

Ian Douglas will wrap his Carrier series with STAR GODS in December. The movie option on his Heritage Series was just renewed.

On behalf of Gail Martin we signed 19 new properties with Tantor for Audio rights

We’ve concluded a 9 book deal for Audio rights to a number of titles from Andre Norton Estate with Podium.

We’ve licensed audio rights to Melissa F Olson’s BORN MAGIC to Brilliance.

For Tony Peak we’ve licensed a new 3 book series, the ebook/print rights to Aethon and the Audio rights to Audible. The Series is EDEN DESCENDING.

On behalf of John Scalzi we’ve licensed a third book in his DISPATCHER series to Audible and the second Dispatcher novella, MURDER BY OTHER MEANS is just out.

We’ve licensed two short stories by Dennis E. Taylor to Audible, A CHANGE OF PLANS and FEEDBACK.

We’ve licensed another Yahtzee Croshaw title to Audible, via agent Evan Gregory.

ROMANCE

THE CHARM OFFENSIVE leads the pack, by Alison Cochrane, via our agent Bibi Lewis, in a very good deal to Atria. This is a first novel by Ms. Cochrane.

On behalf of the G. A. Aiken we’ve licensed two additional books in the SCARRED EARTH series.

Our ASP program has published A CONTEMPORARY ASSHEART AT THE COURT OF KING HENRY VIII.

A WOLF AFTER MY OWN HEART (BeWere My Heart #2) is coming this February from Sourcebooks.

Mandy Baker’s ENCHANT THE NIGHT is just out from Kensington and she has 2 more books under contract.

On behalf of the BERTRICE SMALL ESTATE we’ve licensed 19 books to Tantor.

OTHER FICTION

CUTTER’S REACH is just out from Jason Manning who continues his long running career in Westerns and Historical Fiction.

We are very proud to publish WARBOT by Brian Michelson (Col. US Army Ret.) a chilling, accurate portrait of war 2033.

NON FICTION

We continue our work in military history and have sold ESCAPE FROM JAVA to Pen and Sword on behalf of John Domagalski and THE FREEDOM SHIELD by John Falcon to Casemate

CHILDREN’S

For Candy Fleming and Eric Rohmann we’ve licensed POLAR BEAR to Holiday House.

On behalf of Marthe Jocelyn we’ve licensed two more AGGIE MILLER books to Penguin Canada.

For Larry Feign we’ve licensed 3 books to Tantor in his Fabulous Flatulent Fart Brothers series by agent Ezra Ellenberg.

Filed Under: Agency News

Agency News January 2020

January 14, 2020 by Ethan Ellenberg

John Scalzi concludes the INTERDEPENDENCY series with THE LAST EMPEROX, out in April from Tor.

We’re thrilled to have sold a Young Adult biography of JANE JACOBS by debut author Rebecca Pitts to Seven Stories Press/Triangle Square. Look out for that great title in Spring 2021.

The team that brought you HONEYBEE (February 2020), Eric Rohmann and Candace Fleming, just sold a similarly stunning POLAR BEAR to Neal Porter Books.

Candace Fleming also sold THE TIDAL POOL to Holiday House, which will be a brilliant lyric picture book.

On the adult end, we’ve sold new Non-Fiction project from John Domagalski–ESCAPE FROM JAVA– to Casemate.

This fall brought a lot of great film and TV development news to the agency. We’ve optioned Kay Kenyon’s DARK TALENTS series.

Shaftesbury in Canada will be developing Marthe Jocelyn’s latest AGGIE MORTON for television.

Melissa Olson’s project DEAD SPOTS, was optioned with Sony and has since been acquired by Quibi.

We’ve been very active selling foreign rights this fall. We signed a major 21 book deal for the Andre Norton Estate with Eskmo in Russia. Additionally, Poland has bought rights to WITCH WORLD.

MAG publishing in Poland will be publishing three titles in THE BOBIVERSE series by Dennis E Taylor.

We’ve sold the first two books in GA Aiken’s SCARRED EARTH series to Piper in Germany.

This fall has also brought sales of THE LAST EMPEROX by John Scalzi to Germany and Hungary.

Filed Under: Agency News

Agency News October 2019

September 24, 2019 by Ethan Ellenberg

John Scalzi has licensed new work to Netflix’s LOVE DEATH AND ROBOTS. He also has a new collection of short work, A VERY SCALZI CHRISTMAS coming out this December from Subterranean Press and Audible. 

James Cambias has sold a new SF novel to Baen, THE GODEL OPERATION: A STORY OF THE BILLION WORLDS, set in a new univers. 

Ian Douglas will launch a new series titled SOLAR WARDEN with Harper Voyager. It lanches  with ALIEN SECRETS coming out April 1st, 2020. Check out the cover online.

 Mel Odom’s THE MAKAUM WAR series will conclude (for now) with WARLORD, from Harper Voyager in January. 

Ed Willet’s WORLDSHAPERS series will continue, we’ve sold a third book to Daw.

Our own publishing arm has just released Sharon Shinn’s ONYX trilogy, ECHO IN ONYX, ECHO IN EMERALD and ECHO IN AMETHYST.

We’ve also published PIGS, a top new crime novel from Daniel James.

Strong sales have greeted G A AIKEN’S new SCARRED EARTH SERIES with THE BLACKSMITH QUEEN hitting #73 on USA TODAY and landing a coveted spot on Amazon’s Best SF and Fantasy for the month of September.  We’ve licensed two titles in Germany. We’ve also sold a new series to Kensington, THE BLACK MALONES.

MaryJanice Davidson’s new paranormal romance series will launch in February 2020 with Sourcebooks, look for BEARS BEHAVING BADLY.  It’s also coming from Recorded Books.

Margot Hunt will have a new book for the growing audience for her exceptional suspense novels, THE LAST AFFAIR is coming from Harper in November.  She has also sold an original novella to Audible BURIED DEEP, a single seating listen that will stay with you.

We’ve sold a superb work of military history to Casemate on behalf of new client John Falcon, THE FREEDOM SHIELD.  If you want to a front seat to the helicopter war in Vietnam, this is it. John flew 500 missions in the conflict.

More non-fiction from another new client, we’ve sold DIFFICULT to Rowman and Littlefield on behalf of Dr. Judy Smith.  This is a key book for parents helping older struggling children.

In the children’s department we’ve licensed a new title on behalf of the award winning duo of Candace Fleming and Eric Rohmann, MINE to Schwartz and Wade.

FATAL THRONE is coming in trade paperback in February 2020, check out the spectacular cover.

If truly magnificent storytelling and artwork appeal to you Fleming and Rohmann’s Honeybee: The Busy Life of Apis Mellifera will be published in February 2020 from Neal Porter Books.

THE BODY UNDER THE PIANO is coming from Marthe Jocelyn via Tundra, and we’ve got a television series option in hand.  This is the first book in the AGGIE MORTON MYSTERY QUEEN series.

Filed Under: Agency News

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