Is this a weird subsidiary clause for a contract?

HistorySleuth · Sep 13, 2014

Well I received my first ever contract. There are 15 things in subsidiary rights. Some seem unwarranted for a non-fiction book on Native American land. BUT these two seem odd, or maybe it's normal and I'm not savvy enough.

O. Commercial Rights (i.e. the rights in and to the Authors name in connection with the Work)

P. The rights in and to the Author's name, likeness and personality in connection with the Work, and in any and all intellectual property rights associated with the Work in any of its forms (aside from the copyright, as provided herein), including trademarks and trade dress.

I have other work I've written on Native American issues, that I'm not sure how I want to publish yet. Plus I write for the history quarterly at work, and it is sometimes on Native American land or sites in my county.

And rights to my name? Anyone know what that would be about?

HistorySleuth · Sep 14, 2014

Bump.
Anyone? I know it's the weekend. People are busy. I'm just wondering, it sort of sounds like rights to "Me", like my "Brand" or something. In my own area of the world I've built somewhat of a platform on this issue. The wording in the contract just seems odd to me.

EDIT: If this thread is in the wrong spot, please feel free to move it.

Old Hack · Sep 15, 2014

The things you quote just define things, I think.

To know if they were acceptable we'd need to know in what context the definitions were being used.

But even if you provide that, I still couldn't tell you if this were a dodgy contract or not because I'd have to see the whole contract, and know the context in which you were signing it and so on.

Moreover, you shouldn't be relying on the advice of a bunch of internet-dwellers to work out how good or bad your book contract is. Talk to your agent about it. If you don't have an agent, find an experienced IP lawyer. Take proper advice.

HistorySleuth · Sep 15, 2014

Thanks Old Hack. No, I wouldn't be foolish enough to rely on the internet when I make a choice to sign something or not. It was listed with all the subsidiary rights the publisher wanted to split 50/50 like, anthology rights, documentary rights, tv, merchandising, things I would expect to see (although not necessarily agree to).
Just thought the wording on those two seemed odd and this was the place I felt comfortable asking if anyone had ever come across wording like that before.

Jack Asher · Sep 15, 2014

If you don't have an agent to look over it, you badly need to talk to a copyright lawyer. There is a huge quagmire of horrible things that might befall you, and you don't have the education to protect yourself here.

veinglory · Sep 15, 2014

All my inexpert reading sees is that they want the right to mention you and show you picture as the author of the work. "In connection with the Work".

HistorySleuth · Sep 15, 2014

I had an IP attorney look at a plagiarism issue for me. Although I don't have the resources to pursue that he did say if I ever got a contract he'd be glad to look it over. So I'm going to scan and send it to him.

ironmikezero · Sep 16, 2014

Please let us know what you learn...

I gotta admit, that clause got my spidey sense tingling as well.

HistorySleuth · Sep 16, 2014

I shall certainly do that. Missed the call back from the attorney today, so I'll try him again before I go to work tomorrow. I have the doc ready to email to him. I'll be interested in his take.

Old Hack · Sep 16, 2014

I'm with veinglory.

Your publishers need to be able to mention your name and use your picture to promote your work for you. It does look like this clause gives them the right to do that, and if you don't give them that right your book won't be able to be included in their catalogue. But as I said before, you do need to get proper advice.

HistorySleuth · Sep 17, 2014

Old Hack, you and Veinglory put it in that context, it makes more sense. Yes, I will be sure the IP attorney looks at it first before I sign anything, if I sign, etc. Thank you.

HistorySleuth · Oct 11, 2014

Well I had an IP attorney look at it and he said basically what you guys did. I did have other questions and he pointed out a few things as well. In the end the publisher was very accommodating about changing the things I was concerned with in the contract

Thanks much for your help.

gingerwoman · Oct 14, 2014

HistorySleuth said:
And rights to my name? Anyone know what that would be about?

I was going to say it's says "rights to your name in connection with the work."

Dave Williams · Dec 2, 2014

While an outside opinion is definitely desirable, it wouldn't hurt to ask your editor to forward you to their legal section and ask them to explain things.

[yes, bearing in mind they work for "the other side"... but if you pay for your own lawyer later, it will give him more to work with]

Is this a weird subsidiary clause for a contract?

HistorySleuth

Researching History's Mysteries

HistorySleuth

Researching History's Mysteries

Old Hack

Such a nasty woman

HistorySleuth

Researching History's Mysteries

Jack Asher

Differently rational

veinglory

volitare nequeo

HistorySleuth

Researching History's Mysteries

ironmikezero

practical experience, FTW

HistorySleuth

Researching History's Mysteries

Old Hack

Such a nasty woman

HistorySleuth

Researching History's Mysteries

HistorySleuth

Researching History's Mysteries

gingerwoman

Dave Williams

Zappa isn't frank!