Comments on: Merchandising Rights in Publishing Deals

By: Writing Links Round Up 8/15-8/20 – B. Shaun Smith

Writing Links Round Up 8/15-8/20 – B. Shaun Smith — Mon, 22 Aug 2016 20:16:12 +0000

[…] Merchandising Rights in Publishing Deals […]

By: Victoria Marie Lees

Victoria Marie Lees — Mon, 11 Apr 2016 17:55:29 +0000

Thank you so much for this good advice, Susan. Once again, I've shared it on social media. Wow! Now all I need is a contract to look at to see how my rights are distributed.

By: Susan Spann Spann

Susan Spann Spann — Sun, 10 Apr 2016 00:36:45 +0000

In reply to Lisa Ciarfella. Thanks Lisa - I'm glad it was helpful.

By: Susan Spann Spann

Susan Spann Spann — Sun, 10 Apr 2016 00:36:08 +0000

In reply to LauraDrake. Never say never, Laura, for sure. With romance novels, there are also...other...types of merchandising. Let's go with "scented candles" to keep it polite - but the truth is, the spectrum of merchandising options is often FAR broader (in any genre) than the author anticipates, which is one reason it's so critical to keep those rights for yourself.

By: Susan Spann Spann

Susan Spann Spann — Sun, 10 Apr 2016 00:34:50 +0000

In reply to Ryan Petty. Absolutely, Ryan, and I often advise clients to do something like that if the publisher insists on taking the rights and the author doesn't want to walk away from the deal. The publishers will probably ask for a lower threshold than $25,000, but that's negotiable - and I think the author should start by asking for 2-3 years after publication, rather than 5 - but again, that's very negotiable.

By: Susan Spann Spann

Susan Spann Spann — Sun, 10 Apr 2016 00:33:00 +0000

In reply to jamesr403. Glad I could help, so that when the issue does come up, you'll be ready!

By: Susan Spann Spann

Susan Spann Spann — Sun, 10 Apr 2016 00:32:30 +0000

In reply to K.B. Owen. Thanks Kathy - yep, there are about 12 different subsidiary rights that are handled in most contracts. It's important to know which ones (many of them!) you can keep!

By: Ryan Petty

Ryan Petty — Sat, 09 Apr 2016 23:17:36 +0000

This is a great article. Thanks.
Is it possible to contract with a publisher for merchandising rights such that they are clawed back after a limited period of time if not exploited? For example, could you structure a deal such that the rights would revert to the author unless, within 5 years, the author’s share of income reached a set minimum mark of, say, $25,000?

By: Lisa Ciarfella

Lisa Ciarfella — Sat, 09 Apr 2016 20:41:22 +0000

great info to know! Thanks so much for this Susan!

By: LauraDrake

LauraDrake — Sat, 09 Apr 2016 09:45:52 +0000

I never even thought about these clauses, as my books wouldn't adapt very well to merchandising... but this is great info for everyone. Be aware - even if you DON'T think it could happen. Harlie the bullfighter doll? It could happen. I guess.

Thanks as always, for your wisdom, Susan.