by Elizabeth S. Craig, @elizabethscraig
I wanted to touch on a topic today that not everyone is going to relate to, but one which I think is important—self publishing backlists or restarting discontinued series.
I have one traditionally-published book that was contracted before I got an agent. I negotiated that contract myself. And negotiated it poorly, no doubt, because I ended up with a one book deal….as opposed to my two series with Penguin, where I had three book deals at the get-go.
At any rate, that was Pretty is as Pretty Dies. When the publisher decided not to sign me for more books (early 2010), we parted on good terms. I still had readers for the series, who were emailing me quite a bit to ask about the next book. I wasn’t sure what to do.
My agent for my other series suggested that I shop the series out with either Penguin, who’d previously been interested in it, or St. Martin’s…meaning, of course, that she’d represent me and get a cut if we went in that direction. But to me, I was already working on other series and didn’t want the hassle of shopping it out and the delay of another contract and the back-and-forth, drawn-out nature of negotiations. On top of that, there would also be production time—it would just take forever.
So I did nothing. :)
Toward the end of 2010, the self-pub buzz was really growing and I started considering taking the series directly to e-reader. It took a while for me to make that decision….probably six months.
One of the reasons I was nervous about it was that I wasn’t sure how to get my rights to the characters back. Or when those rights reverted to me. My agent hadn’t worked with me on that book, so I couldn’t consult with her, and I’m not great with legalities or contracts. I read my contract a few times and made some sense out of it….but not a whole lot.
So I finally, in March 2011, wrote a very simple email to Midnight Ink….along these lines:
I’m writing to confirm that my rights to the character of Myrtle Clover have reverted back to me, as the author. Midnight Ink published Pretty is as Pretty Dies, a Myrtle Clover novel, in 2009. A sequel was offered to the editorial staff in early 2010 and was rejected, about a year ago. I’m now interested in taking the previously unpublished sequel directly to Kindle instead of shopping it to another publisher, and wanted to confirm that’s not a problem for Midnight Ink.
Actually, that’s the exact email I sent to them. This is what I heard back:
Your question regarding the follow-up to PRETTY IS AS PRETTY DIES and the status of rights was forwarded to me.
You are correct regarding your right to take the sequel title directly to Kindle yourself. You have that right based on our decision not to publish it under the Midnight Ink imprint.
We wish you good success with the book on Kindle or even with another publisher.
Please let me know if you have any questions.
That was directly from the publisher, Mr. Krause, himself (one nice thing about working with a mid-sized publisher.) :)
This process was resolved in the same day. There was no need for me to have put it off the way I did.
Then it was just a matter of hiring an editor, finding a cover designer, and getting someone to format the book for the different ereaders. I also bought ISBNs from Bowker, simply because I’m old-fashioned. Who knows if that will end up being the right thing to have done?
The two books that I’ve put up on Kindle have sold well for me and resulted in thousands of dollars of income that I wouldn’t have otherwise had. Yes, y’all, it’s worth the trouble and handwringing and inconvenience to get a backlist up there or to get an unpublished title from a suddenly-canceled series up there.
Last week I got another email from Midnight Ink that the print rights for Pretty are reverting back to me, since the book will go out of print. They made sure to let me know they’re holding onto the ebook rights for that title, though. So make sure you know what you’re receiving when you get a letter or email from your publisher.
This is the notification I got on that reversion (and the exclusions for the rights reversion are pretty clear):
Midnight Ink hereby returns all international and domestic rights to you to the above named title with the following exceptions:
Ebook
English large print rights (domestic and international)
Note that this rights return does NOT include rights to the covers, interior or exterior artwork. Nor does it include typography or electronic files.
When I procrastinate, as I’ve mentioned before on the blog, it’s usually a clear sign that I’m not sure how to proceed.
But that’s okay. If we think through the steps we need to take, making progress a little at a time, then we just check off the items on our list as we work through them.
The main point of this post is….if you aren’t sure about your rights, just ask. Don’t let this hold you back from taking the next step of self-publishing. Either contact the publisher directly, as I did, or an intellectual property lawyer. It’s not that much trouble and you can continue your series, self-publish your backlist, and increase your income.
And make your readers happy. I’ve heard from quite a few that have been delighted that the series is continuing.
Have you considered self-publishing old titles? Or self-publishing in general? Is there a pattern to your procrastinating? How do you work through handling a big project (like self-publishing a backlist or continuing a discontinued series)?
Hi Elizabeth — this is what a lot of authors are doing with their out-of-print books…including me. I just put the second Sylvia and Willie mystery out for Kindle and Nook and am very happy to be back on the “shelf,” even if it’s a virtual shelf.
Wonderful information. Thank you for sharing. I agree, ask the questions, sometimes it’s hard, but sometimes we’re surprised with the results.
Really enjoy your blog!
I’m glad you decided to move forward with your sequel! I handle publishing my back list by creating a calendar and sticking to it with the use of a good editor.
Yeah, you never know if you never ask. Even if the question is intimidating, you need to know the facts before you can move on.
I don’t have a backlist yet, but I’ve considered looking into self-publishing to complement my traditionally-published books in situations where I have an idea for a book but my publisher can’t fit it into their lineup.
My print publisher’s contract gave me the e-rights to all my books with the stipulation I didn’t release them for a year (I doubt they’re including that clause in future contracts now that e-publishing is growing, and that might be why you can’t get your e-rights back for you other book)
My e-first publisher had a ‘minimum annual sales’ clause in their contract, so when I didn’t sell to that number, I got the rights back.
However, I still had to ask. They dragged their feet, waiting until the last possible date in the contract (6 months) to send me the reversion of rights letter, but I did get it, and I’ve been re-releasing them myself. To much better sales, I must say.
Terry
Terry’s Place
Patricia–Good for you! Congratulations on getting those up on Kindle. If you think about it, we’ve done all the hard work when we set up the series to begin with–establishing character, establishing setting, establishing readers. With sequels, we just build on what we already have (including the audience we already have.)
Yolanda–I was very surprised how quickly I got an answer back. And how cordial it was. Other writers’ mileage may vary in that situation, but it sure was easy for me to finally move on to the next step in the process.
Heather–And you know some good editors, I think! An editorial calendar is a good idea. I have to look at the books I’m self-pubbing as seriously as the ones I’m writing for my publisher.
Paul–Yep. I didn’t want to get on the wrong end of a lawsuit, for sure! But I wanted to keep writing those characters.
So, you’d take the ideas that the publisher isn’t interested in and use them in new books with new characters and settings?
I don’t have backlist book rights to worry about. For my play and short stories, all but one were limited rights in the first place.
The idea of holding ebook rights while reverting print rights is a contentious one — a lot of publishers are asserting rights they don’t have. But enforcing the contract requires legal help and time and money, and if the publisher is going to make good use of those rights… might be okay anyway.
Anyway, I’m so glad writers like you have so many options. A prolific writer can really do well in today’s environment.
Interesting that they won’t give you back eRights–something that may even have been overlooked by an agent at that point–eBooks weren’t taking off yet and if they didn’t make sure the contract bundled it all… But as long as they have the eBook available, I guess you are still getting a cut and they do seem good about giving the rights back when they stop having it available. I really think you were wise to keep going with the series.
Terry–I’m sure now all the publishers are paying *close* attention to e-rights. I know I am.
Interesting clause! I hadn’t heard about that one.
Good for you! Yes, and we end up making a lot more profit on our own.
The Daring Novelist–Nowadays, I guess we just have to be more assertive. But I think we felt lucky to get the limited rights that we received….at that time.
Yeah, I’ll admit I went back to look at that contract when I read about their keeping the e-rights. Unfortunately…no, it wasn’t on my radar when I signed that contract in 2008. It sure would be now!
It’s great to have options!
Hart–I’m definitely getting some royalty money on that ebook….BUT I think the only reason I’m doing well with it is because I continued the series. So, technically, my continuing a discontinued series was good for both the former publisher and me. And picking up with a series is a piece of cake–so, so much easier than starting a new series from scratch. I just fell right back into it. I’m writing another sequel now, actually.
Glad you finally sent that email. And you’re implying I actually have older titles or anything else written!
“Pretty is…” was the first book of yours I bought – such a great book. I loved Myrtle and look forward to more of her adventures! :)
Alex–Oh, just give yourself a few years. :) At the rate you’re going, you’ll have plenty of titles!
This is the kind of thing most of us wouldn’t know about until faced with the same situation. Thanks for such an informative post.
Thank you for this!
It’s not an issue for me yet, but I’m working on a series of short stories (hopefully, eventually) using the same characters and the same (sff) world, and I’m utterly confused about what my rights are when it comes to selling different stories about the same characters to different publications. I guess if I ever sell one, I should just ask my editor at the time!
I”m SO glad you share this information with us. I procrastinate when I don’t know what to do. Period.
Jemi–Thank you! I love writing my Myrtle stories. :)
Elizabeth–Thanks so much for coming by!
Juliette–Best wishes for your short stories! I think there’s a ton of different ways you could offer those up–to separate publishers/magazines and then to create a collection on them (even putting the collection up, yourself, on Kindle.) And you’re right–just check with each editor to see how the rights will be handled.
Julie–I’m glad I’m not the only one. :) It just seems like an insurmountable obstacle when I’m faced with choices and don’t understand how to proceed. Ugh.