STATUS: I don’t know about you but I plan to be downloading Paul Potts’ first CD called ONE CHANCE from iTunes this week. If you want to buy the actual CD, here’s a link. I had to watch it again today. It’s like a little moment of sudden inspiration each time I watch it.
What’s playing on the iPod right now? TIME PASSAGES by Al Stewart
Whenever I do a deal, I always send a deal memo to the editor to verify the deal points. In this memo I always include a rights reserved clause with a little phrase that goes like this, “including but not limited to” and then a big list of what’s reserved so everything is clear.
And do you know what I’ve been noticing? There has been an interesting trend lately in publisher contracts. If a right wasn’t specifically discussed during negotiation, it’s showing up in the publishing contract as a right granted to the publisher—even though it was never mention by either me or the editor.
I think my favorite was this one. I had reserved all dramatic rights (motion picture, TV, radio, you get the picture) and the contract came with this: non-dramatic: motion picture, TV, radio and allied rights.
Uh, I’d really like to know what a non-dramatic motion picture is. I honestly didn’t think to reserve it because I’ve never heard of it.
Ended it up that the publisher wanted that to refer to educational documentaries. I’m like, no, that’s a dramatic right. It ended up being no big deal (and it was deleted from the contract) but now I have to add it to my list of rights reserved (which is kind of getting ridiculously long).
I think “including but not limited to” should cover it just fine but no, I’m being forced to spell it all out. Okay then. I can be super anal if that’s what it takes.