12 Comments

I'm not exactly sure how this works in the UK, but it sounds to me like a "work for hire" writing contract as opposed to a "copyright royalty" contract. Publishers sometimes use commissioning editors who want to hire a writer a particular kind of book written to the market. (Creatives know the flaws of writing for market demand.) They pay the writer for the work of writing it, but the IP is not the author's or not the author's alone. Work for hire contracts are quite common in children's and educational publishing.

Expand full comment

Thanks for this insight, Jill. I'm sure there are variants of this type of contract and I have no doubt something like this exists in the USA. Since I haven't actually seen a sample contract from Avon Books I don't know the legal ins and outs, but I understand that the writer has their name listed as author on the book (or a pseudonym if they prefer) and Avon Books is not mentioned in any way as being involved in the authorship. And the writer will get royalties, and will benefit from any other deals the publishers can arrange such as TV and film rights.

Expand full comment

Interesting. Are you a member of Authors Guild? I always recommend writers have the attorneys there review publishing contracts. It's a great membership benefit (an hour of the best attorneys advocating for authors covers the expense of your membership imho).

Expand full comment

I'm not likely to be a candidate for this type of thing but I am intrigued by it and want to understand it more. I'm going to find out and ask more questions, Jill. And I absolutely agree that all contracts should be reviewed by a third party.

Expand full comment

Things are shifting so much in the publishing industry that it is interesting to hear about new models emerging. And because communications and copyright law have become so complicated, not every attorney or third-party is knowledgeable enough. Authors Guild does not charge its members for this service. You can't buy better advice.

Expand full comment

This is an interesting model...and I, for one, have never heard of this approach...but then again, I am a newbie to this business. Thanks for sharing the information...

Expand full comment

I'd never heard of it either but I can see the sense in it from the publisher's point of view.

Expand full comment

This sounds like a recipe for AI-generated work. Is that the direction this is leaning? Are actual human authors writing this out of their own heads, or turning to ChatGPT? Just curious.

Expand full comment

That's what I thought, Sherry, but my impression is that this publisher is genuine in seeking quality writing from real people. And some people can write fast, though I'm not one of them. As far as writing with the aid of AI is concerned, an even wider discussion needs to be had because it affects every aspect of writing and publishing. It's a minefield.

Expand full comment

It is absolutely a minefield. I would imagine the book proposals on the editorial end are AI-generated. When the motivation is to quickly produce a book that is almost guaranteed to sell, it is almost inevitable.

Expand full comment

Thank you for this tip.

Expand full comment

You're welcome, David. Do let me know if you take any action as a result of reading this post.

Expand full comment