Tag Archives: all rights

Writing: Bitter Writer?

Back in September I wrote the blog Writing: Things to Watch Out For https://colleenanderson.wordpress.com/wp-admin/post.php?action=edit&post=445 On my other blog I received a letter titled “Bitter Writer Syndrome” a while back but didn’t get time to comment until now. Well, I pissed off Mr. Hobbes, and he was correct in that I presumed he was the head of Hobbes End Publishing, but at the time when I did research through the internet I didn’t find that information. Hobbes End website now mentions that Jairus Reddy is the publisher. http://hobbesendpublishing.com/index.html

So let’s look at Mr. Hobbes’ comments. (I have posted his full letter at the end so I can’t be accused of unfavorable editing.) “Being paid for one’s writing (rare in the industry) is not prostitution, but professionalism.” It is a matter of perspective and really we can all say we prostitute ourselves whenever we sell something for money, whether our services or our art. Of course what I meant was, selling oneself too cheaply. And yes, new writers do need to start somewhere and $100 is decent for 1,500 words but not for 30,000. Being paid for one’s writing is not rare in the industry. Book publishers, respectable book publishers, do it all the time. Just ask Random House, Bantam, Tor, Baen or any of the big name speculative publishers (or mainstream too).

Then he says: “The reason publishers ask for all rights is something that might be above your understanding.” It’s very well within my understanding and what Mr. Hobbes does not know is that in fact respectable publishers, as the ones named above do not take all rights. In fact, you can look at many smaller publishers such as Edge Publishing, Bundoran Press, Nightshade Books, etc. and none of them take all rights. I think it is he who is under the veil of misunderstanding.

Next he comments that the anthology he is editing “will also be highly publicized and promoted, which I can say most publishers don’t do. Many thousands of dollars will be spent doing so. Also, since you have not read our contract, you wouldn’t know what offers we are making towards secondary rights.” Any publisher who wants to stay in business promotes. But let’s look at Mr. Hobbes’ (along with authors Benoit and Palmer) first book Exiles in Time: The Contrived Senator. I did a google search of his name and the two titles for the book. I found the publisher’s website and of course the book listed on various online bookselling sites, such as Amazon. Granted that advertising also means ads in magazines, other print formats and local areas, I can’t know how much the publisher has put into this book. But of the four reviews on Amazon for the book, two were by the Reddys, owners of Hobbes End. I could find no review anywhere else and certainly not on any of the normal SF review sites. So uh, highly publicized? I also have to wonder what could possibly be their “secondary rights” after they’ve taken all of the rights. That’s a mystery that Mr. Hobbes didn’t elucidate.

“You mention, over and over again, magazines. However, this is not a magazine. This is for a novel.” That’s even sadder, taking all rights on a 30,000 word story as opposed to a 200 word article, not that one is better than the other. And I did, in my post, talk about publishers of magazines and books, who really don’t take all rights except for a few exceptions. He also says: “The financial risk is to the publisher—the opportunity is to the writer. Unlike a magazine, which is taken off the shelves monthly, this one will stay in publication indefinitely.” Except the writer also has a financial risk in trying to sell their work and get paid what they’re worth. And Mr. Hobbes is wrong. Books in chain stores also get taken off the shelves monthly or even after two weeks. Places like Chapters will keep a small smattering of some titles. Privately owned bookstores will keep books longer on the shelves and likewise for magazines that may not be monthly; some of them will keep these till they sell them all. It varies. The only guarantee is to have your book on Amazon, listed with thousands of others, whether self-published, small press published or major book published.

Mr. Hobbes added: “However, I have seven more [books] coming out next year, three of which are through major publishers.” I did a search and have found nothing listed but I no longer get the sneak previews into the upcoming  lists as I did when I was a book buyer. However, nothing is listed except the co-authored books on the Hobbes End site. I’ve found no other info. I have no idea what the quality of the writing is in these books or where else he’ll be published. Eventually, I’m sure we’ll see the lists and it’s up to each person what they think of a story. That is very prolific and Mr. Hobbes should be congratulated on completing three books plus the co-authoring of the others (which he didn’t mention they were co-authored).

He ends with a good thrust: “It sounds as if you suffer from ‘Bitter Writer Syndrome’. It happens to the best of writers who don’t seem to understand the risks publishers take to make it in the industry. Blaming publishers for not paying them ‘what they are worth’ is curable. If you want to ‘make it’ in this industry, I suggest you research before you post such nonsense.”

 Bitter writer? Nah. I’ve published enough and work on my novel. I’m about where my energies have taken me. And I’m afraid I understand the industry much better than Mr. Hobbes does and I know that buying all rights is not the norm nor fair. Buying all rights in perpetuity for a hundred bucks is not something I would ever do, even if I was selling my first piece. And over the years of selling pieces I have been careful not to sell to such rights. It’s one reason I pulled my poem from Sotto Voce, because I could not agree to their selection of rights.

As I said before, each person must make their own decision on what to give away and what to sell, and for how much. I do apologize to Mr. Hobbes for saying he owned the company but I would also suggest that perhaps he was just a bit bitter himself about my comments. And in reality, it all boils down to taking all rights which I caution writers to think more than twice about before they do it. But I don’t think I’ll be submitting to Hobbes End, not that they’d buy anything from me now anyways. 🙂

Bitter Writer Syndrome?

In response to your blog, “Things to Watch out for”—

You begin by stating that $100.00 is not a fair price. Everyone who has submitted thus far has had no issue with making money for their writing. Few writers do, and the intent with this project is to help out first time authors. Being paid for one’s writing (rare in the industry) is not prostitution, but professionalism.

The ad is clear and any writer who has a problem with ‘all rights’ is welcome to not submit. The reason publishers ask for all rights is something that might be above your understanding. The financial burden taken on by publishers is insane. Editors, printing, distribution and promotions add up. A writer is always welcome to self-publish if he or she worries about such things.

Each of our writers for this anthology will receive credit for their work. They will also be highly publicized and promoted, which I can say most publishers don’t do. Many thousands of dollars will be spent doing so. Also, since you have not read our contract, you wouldn’t know what offers we are making towards secondary rights.

Hobbes End Publishing is not a new publishing company. And your comment about ‘pros not submitting’ is uncalled for, since the point of this project is not for the pros, but for new writers.

You mention, over and over again, magazines. However, this is not a magazine. This is for a novel. It will receive major distribution and advertising. This will not only give authors opportunity to break into the industry, but give them the chance that other publishers, and magazines, don’t allow. The financial risk is to the publisher—the opportunity is to the writer. Unlike a magazine, which is taken off the shelves monthly, this one will stay in publication indefinitely.

What you should be complaining about are the publishers who make writer’s pay for their work to be published.

I have had one novel published by Hobbes End Publishing, you are correct. However, I have seven more coming out next year, three of which are through major publishers.

Also, make sure to check your facts. I have no ties to Hobbes End Publishing, with the exception of writing for them. I am not an owner and in no way control their agreements amongst writers. Please check your facts before stating what you do not know about. The company was simply named after a story I wrote.

It sounds as if you suffer from ‘Bitter Writer Syndrome’. It happens to the best of writers who don’t seem to understand the risks publishers take to make it in the industry. Blaming publishers for not paying them ‘what they are worth’ is curable.

If you want to ‘make it’ in this industry, I suggest you research before you post such nonsense.

Sincerely,
Vincent Hobbes

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Moral Rights

On Sunday, Jim Gunn talked about an essay for an old SF collection and how one author wouldn’t sell his piece because he would have to waive moral rights. Jim seemed to think this was silly, to not sell a story over moral rights. Maybe he was talking about that particular case only, where the essay was written specifically for that anthology. Earlier last year, on my blogspot blog I wrote about CBC radio having a contest and taking all rights. Also checking out Radio One’s program “This I Believe” they said: By clicking on the “submit your essay” button below, you are transferring to CBC all rights, including copyright, in your essay and are waiving your moral rights in the essay. As owner of copyright CBC, and third parties authorized by CBC, will have the exclusive right to make unlimited use of all or part of the essay in any and all media in perpetuity worldwide.

CBC wasn’t paying for these pieces. “Fill our programming for us for free. After all, it is our national radio station.” By writing for CBC, you’re volunteering it to these programs. Yet, many artists donate or volunteer their works for a particular show or event or book. So what’s the difference between donating a piece, giving copyright for a specific time and waiving moral or all rights?

The owning of copyright is a complicated thing and there are lawyers and agents who specialize in the fine print. Basically, by transferring all rights it means that you can no longer use that piece of your writing in any way. You cannot send it to be published or shown anywhere else. You really can’t even ask permission since CBC now owns it completely. Take a person who sells a sculpture. Someone else owns the sculpture but the artist might still have prints or photos of the sculpture sold or put in books. In the case of writing, many writers make a living from reselling their pieces to different publications.

Although in most cases of publishing one sells specific rights (and often specific media rights such as electronic or print publication) for a limited time, there are cases where you sell all rights, which still does not include moral rights unless they say so. But should you sell a book to a publisher, the rights give that publisher the exclusive right to publish your book for a period of time, compensating you as is laid out in your contract. If you sell to a magazine, you are paid for the piece, by article, word count or column inches and can after a time, resell that piece to other publications. Greeting card companies do it as a matter of course because they want to own the slogan in perpetuity.

There are first world rights, English only rights, print only, first North American, electronic and a motley assortment of many other combinations, often with a nonexclusive right to put in a print anthology (if you sell a short story to a magazine), which only gives that publisher the first right to ask you if they can put it in but you have the right of refusal.

In most cases rights revert to authors as per the contract, and the majority of authors will not write something in which they do not retain rights. I have never sold anything where the rights did not revert to me. Exceptions are for anything you write while in the employ of a company. In that case, they own it but you can still get writing credit for it and have your moral rights.

Moral rights are the most important to keep and it’s shocking that CBC resorted to such tactics. Waiving moral rights means that a company/magazine/publisher can take your piece and alter it, making it unrecognizable, printing pieces out of context and otherwise changing your words, and you will have no recourse. If I was a painter and sold a painting of a house to someone and waived my moral rights, they could then paint in a dead dog and a person dismembering someone else and I could say nothing. I’m not sure but it’s possible moral rights might also mean your name is no longer attached to your work. In the above example you would probably be happy if they left your name off but anyone who takes your moral rights can destroy what you’ve created and say you made it.

Of all rights, moral rights are the most important and the most worrisome when a big corporation like CBC is asking for them. When moral rights go missing it’s immoral. Any artist, whether writer, painter or jeweler, as well as any person who appreciates any form of art should consider very carefully what it means when you sell all rights and waive your moral rights.

I, for one, could not morally let this happen. There is no reason that anyone would need moral rights if they’re above board. An awful lot of money would have to exchange hands for me to waive these rights. Whether you sell a story or a photograph, you have the right to keep your moral rights. http://en.wikipedia.org/wiki/Moral_right

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