Slowly I turn... step by step...
Mar. 18th, 2007 04:38 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
stevekensonThose uninterested in publishing outrage can just bypass this entry...
I’ve gotten screwed royally in the past twelve years of working as a writer: I’ve had companies go out of business owing me anywhere from hundreds to thousands of dollars. I’ve beaten my head up against more than a few brick walls before throwing my hands up in disgust and deciding it wasn’t worth the effort to recoup it. I’ve had times when I seriously thought about quitting writing to do something involving fewer underhanded and irresponsible people like, I don’t know, dealing drugs or something (at least there’s money in that). Most of the time, I manage to shake it all off and keep doing what I care about, but there are times... and this is one of them.
Now, I can deal with the fact that some publishers are now selling electronic versions of RPG books I wrote years ago for what is essentially pure profit (since most of those books more than paid for themselves in their initial print runs), without me seeing a dime (although would a free copy of something that’s costing them nothing kill them?): I signed a work-for-hire contract—standard in this business—for those books. The publishers own all the rights, including the electronic rights, so it’s entirely legal for them to do what they’re doing and not pay me for it. I can and do live with that.
On the other hand, I signed royalty-based contracts for my published novels. Under the terms of the contract (as is usually the deal in royalty-based publishing), I got an advance against royalties and, if the book “earns out” that advance, theoretically I receive payment. I’m supposed to receive regular royalty statements, showing advances, sales, and payments to date. Also according to the contracts, I’m supposed to get 25% of any advances or royalties for foreign editions of the books, serialized or book club editions, and so forth (film and television, too, should anyone be looking at turning one of my books into a movie or something).
In my last royalty statement (back from mid-2006, I’m overdue for my end of 2006 statement... shocker, I know), there were German, Spanish, and even Russian editions of some of my books. Imagine my surprise upon coming across the following:
German editions of my MechWarrior novel Ghost of Winter: Not just one, but two! A stand-alone German edition (Vaterchen Frost) and a republication as part of a three-in-one book collection. No mention of them in my statements.
Hungarian editions of my Shadowrun novels: Actually, I don’t know this for certain, since I don’t read Hungarian, but the domain is .hu and the titles aren’t the same as the German translation titles. No mention of them in my statements.
A Spanish edition of my MechWarrior novel: (entitled Fantasmas de Invierno) Gosh, now why isn’t that mentioned in my royalty statements?
How many more are there? Who knows! How many have they sold? Don’t ask me, they’re not listed on my statements. How in the hell did I find out about them? It started well over a year ago when a German fan wrote me about my MechWarrior book, which he read in German. As I said, imagine my surprise...
Of course, I’ve been getting nothing but the run-around (or just stone silence) from license-holder FASA Corporation. Company principal L. Ross Babcock is seemingly mystified! He’s “looking into it” but that never seems to quite happen. Blame gets laid on the foreign translators and publishers (like German publisher FanPro) who in turn claim they’ve been doing things by the book.
And, yes, I’ve looked at my options, even consulted with companies that do audits of publishers’ financial records, and I’ve basically been told that it’s not worth it for them to take on the job when they’re paid a precentage of what they recoup and have no way of knowing what that might be, but odds are it isn’t a lot... to them, anyway. Same with hiring a lawyer: it would almost certainly cost far more than I could get.
It’s not entirely about the money: I can’t imagine we’re talking more than a few thousand dollars. Don’t get me wrong, I’d gladly take what’s rightfully due me, but it’s the sheer unprincipled gall, the complete disregard for creator’s rights, legal agreements, and honest business dealings that get to me. Most of the time, I manage to just shrug it off as more bad debt; money I earned that I’ll never see, but there are times when it makes it hard to do what I do.
I’ve gotten screwed royally in the past twelve years of working as a writer: I’ve had companies go out of business owing me anywhere from hundreds to thousands of dollars. I’ve beaten my head up against more than a few brick walls before throwing my hands up in disgust and deciding it wasn’t worth the effort to recoup it. I’ve had times when I seriously thought about quitting writing to do something involving fewer underhanded and irresponsible people like, I don’t know, dealing drugs or something (at least there’s money in that). Most of the time, I manage to shake it all off and keep doing what I care about, but there are times... and this is one of them.
Now, I can deal with the fact that some publishers are now selling electronic versions of RPG books I wrote years ago for what is essentially pure profit (since most of those books more than paid for themselves in their initial print runs), without me seeing a dime (although would a free copy of something that’s costing them nothing kill them?): I signed a work-for-hire contract—standard in this business—for those books. The publishers own all the rights, including the electronic rights, so it’s entirely legal for them to do what they’re doing and not pay me for it. I can and do live with that.
On the other hand, I signed royalty-based contracts for my published novels. Under the terms of the contract (as is usually the deal in royalty-based publishing), I got an advance against royalties and, if the book “earns out” that advance, theoretically I receive payment. I’m supposed to receive regular royalty statements, showing advances, sales, and payments to date. Also according to the contracts, I’m supposed to get 25% of any advances or royalties for foreign editions of the books, serialized or book club editions, and so forth (film and television, too, should anyone be looking at turning one of my books into a movie or something).
In my last royalty statement (back from mid-2006, I’m overdue for my end of 2006 statement... shocker, I know), there were German, Spanish, and even Russian editions of some of my books. Imagine my surprise upon coming across the following:
German editions of my MechWarrior novel Ghost of Winter: Not just one, but two! A stand-alone German edition (Vaterchen Frost) and a republication as part of a three-in-one book collection. No mention of them in my statements.
Hungarian editions of my Shadowrun novels: Actually, I don’t know this for certain, since I don’t read Hungarian, but the domain is .hu and the titles aren’t the same as the German translation titles. No mention of them in my statements.
A Spanish edition of my MechWarrior novel: (entitled Fantasmas de Invierno) Gosh, now why isn’t that mentioned in my royalty statements?
How many more are there? Who knows! How many have they sold? Don’t ask me, they’re not listed on my statements. How in the hell did I find out about them? It started well over a year ago when a German fan wrote me about my MechWarrior book, which he read in German. As I said, imagine my surprise...
Of course, I’ve been getting nothing but the run-around (or just stone silence) from license-holder FASA Corporation. Company principal L. Ross Babcock is seemingly mystified! He’s “looking into it” but that never seems to quite happen. Blame gets laid on the foreign translators and publishers (like German publisher FanPro) who in turn claim they’ve been doing things by the book.
And, yes, I’ve looked at my options, even consulted with companies that do audits of publishers’ financial records, and I’ve basically been told that it’s not worth it for them to take on the job when they’re paid a precentage of what they recoup and have no way of knowing what that might be, but odds are it isn’t a lot... to them, anyway. Same with hiring a lawyer: it would almost certainly cost far more than I could get.
It’s not entirely about the money: I can’t imagine we’re talking more than a few thousand dollars. Don’t get me wrong, I’d gladly take what’s rightfully due me, but it’s the sheer unprincipled gall, the complete disregard for creator’s rights, legal agreements, and honest business dealings that get to me. Most of the time, I manage to just shrug it off as more bad debt; money I earned that I’ll never see, but there are times when it makes it hard to do what I do.
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no subject
Date: 2007-03-18 08:42 pm (UTC)I've never understood the desire to cheat writers in this industry out of our money. I mean, it's not like we're making all that much to begin with; I can't imagine it would actually hurt anyone who's making half a dollar to pay us what we're due. :-(
no subject
Date: 2007-03-18 08:43 pm (UTC)If I had any time for my RPG site I'd publish a forum/board like http://www.dotherightthing.com were publishers and news about them could be sized up. Erm. Maybe that's too negative. I'm sure *some* publishers try very hard to be fair to their writers and through no fault of their own things don't work out - however, I'm also sure that there are some common repeat offenders.
no subject
Date: 2007-03-18 08:55 pm (UTC)Want me to do some magic for you? Just ask, and I'm on it!
no subject
Date: 2007-03-18 09:34 pm (UTC)no subject
Date: 2007-03-18 10:33 pm (UTC)no subject
Date: 2007-03-18 11:29 pm (UTC)no subject
Date: 2007-03-18 11:11 pm (UTC)Personally, I think this makes total sense for a game company to provide PDF comps to people who worked on past projects, but chasing down everyone involved in a project [especially one that is 5, 10, or 15 years old] just to let them know they can claim a free PDF is probably more work than it's worth for any company, unless they are actually contractually obligated to do so.
no subject
Date: 2007-03-19 02:09 am (UTC)no subject
Date: 2007-03-19 02:29 am (UTC)no subject
Date: 2007-03-19 12:27 pm (UTC)Keep the faith... A lot of us love what you do.
Regards,
Walt