# Purchase offer on published work



## Julia Becca (Oct 8, 2014)

I have a very good possibility that a company is interested in making an offer on a 3 series book set I've previously written and self published.  At the time I did not have the means to fund an editor staff or marketing staff.  So, I did it all myself (minus the book cover).  I have had such  a wonderful success with my first book that I continued on with other books.  They did not do so well, but they have such a wonderful potential given the correct edit, publishing, marketing process.  

My question is where do I go to be sure I"m not asking too much or accepting too little for my stories?  I have researched and found that some say 'don't give up the royalty rights', some say 'if you sell all rights make sure you get enough to make it worth your while', others say 'you can't give up ALL rights' but I'm not sure I want to worry about future royalties from a company that could easily sell my book without me knowing.  

This is all so very new to me....  Do I need a lawyer, an agent, or just a really good wish that I'll do ok?


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## Bishop (Oct 8, 2014)

Oh! It's a publishing question! Hehe, my bad. It should have gone in the *Publishing *section. But either way, it will get answered here, just be aware the mods may move it. I thought you were doing research for a book's content!

In any case, I myself am unpublished, so I can't answer for sure, but from what I understand most publishers will ask for First North American Serial Rights. If they're trying to buy your piece and "all rights" I would advise against that. It means you'll have no legal right to that work. *Here is a breakdown of rights. *in a pretty simple to understand format. Obviously, there's legalese and entire books of information about the details. 

As for what price... that depends on the rights they're asking for. And how much you value your piece. I personally would never give ALL rights to a piece, no matter the price. My name on my work means more to me than money. But different pay scales exist for different levels of publishing, rights, and author skill/experience. I can't give numbers because I'm not experienced, and even then I'd be wary to do so, but I would retain a lawyer to look over any paperwork you receive from a publisher. Agents are good as they represent the author's interests and likely would be able to give you more solid numbers and advice. 

Then again, I could be wrong about much of this, as I have only my own personal research as a guide. I've never been through the process.


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## Julia Becca (Oct 8, 2014)

The company told me I can keep my name on the books.  I write for them now as a ghost writer.  (so I get paid hourly for writing.  Everything is theirs when completed)  This is getting my foot back in the door of the writing world.  My books I have already written, however, are indeed my babies and will be mine in the end.  But if they can polish them and market them for more then I'm all for it.  I just don't want to go one extreme or the other, and I want to be sure I'm legally covered as well.


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## Caragula (Oct 8, 2014)

An agent would be valuable for this stuff.


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## Julia Becca (Oct 8, 2014)

In the very beginning, I was working on establishing a relationship with an agent but to no avail....no one would even look at me.  (new author and all)
Looks like the process begins again....


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## Greimour (Oct 8, 2014)

Julia Becca said:


> The company told me I can keep my name on the books.  I write for them now as a ghost writer.  (so I get paid hourly for writing.  Everything is theirs when completed)  This is getting my foot back in the door of the writing world.  My books I have already written, however, are indeed my babies and will be mine in the end.  But if they can polish them and market them for more then I'm all for it.  I just don't want to go one extreme or the other, and I want to be sure I'm legally covered as well.



Paid by the hour? Never heard of someone being paid by the hour for writing. Was that just to simplify the payment process you are being given? For example, I could write for hours and do a chapter, or write for 1 hour and do the same amount of words/work. Usually people are paid by the word or letter (or similar). 

That aside...

You have self published them and then received an offer from a publisher to market and sell the work? Are they just going to give you a lump sum for the stuff written and then pay you for what you produce in future?

I don't understand what's going on much but to me it amounts to this:

1. Your name on a book.
2. You writing and being paid. NOT you paying them.
3. The ability to quit and write a new book for yourself or some other publisher.

Though, if you do quit/get fired after the book is theirs, there is a chance a ghost writer will continue writing the books and they will still have your name on the cover. Might want to check that because you wouldn't be the first author having their name sell material they didn't write. Was it it L.J. Smith who wrote Vampire Diaries that had this done to her? She doesn't write them anymore but its still her name on the cover.

Regardless. If you are getting your name out there and being paid for it... I don't see much of a problem. You really should get an agent though.. Or have a lawyer (solicitor) look over the contract, etc.

Scams are easy and common. Being on guard is fine. Mostly it depends in my opinion on what is it you want out of the books. If you think it will one day be a HUGE blockbuster movie hit... you wont get a penny of it if the book is theirs. 


There is a lot going on here I don't know or understand so I can only give an opinion on the matter. I can also only answer based on the information you give and what I would do in that situation. Personally, based on what you have said, I would probably go ahead with it. Being paid to write... to me that's being the same as 'paid to drink coffee'... I do it so much I wouldn't even change my lifestyle. 

Do what I do and get zero funds.
Do what I do and get paid.

Easy choice for me if there is no catch.


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## Julia Becca (Oct 8, 2014)

Greimour said:


> Paid by the hour? Never heard of someone being paid by the hour for writing. Was that just to simplify the payment process you are being given? For example, I could write for hours and do a chapter, or write for 1 hour and do the same amount of words/work. Usually people are paid by the word or letter (or similar).
> 
> That aside...
> 
> ...



Thank you for your post.  I think there is a bit of confusion here.  Please let me clarify.  
1.  I am now, currently, working for them as a ghost writer, writing for an hourly fee.  What I write becomes theirs.  This is my 4th week writing for them and whether I write, edit or polish my work, they pay me.  I have already received all of the funds expected. 

2.  I am a self published author of several books (beginning in 2008).  They want to see my books that have not done well.  (self marketing has its down falls).  If they are interested in the stories I have already written, they will be willing to take them and make them .... 'better' and market them the way they should be marketed.  I will still have my name on them as they are mine from the beginning to the end but they have requested to be "co-author". My question is directed to the amount of 'rights' I should give on on the work I've already created and published, how much to expect/ask for/accept and what my legal 'needs' should be with this part of the process.  The gentleman I'm working with has admitted to not being expert on buying already published work either, but if he can make it better I'm willing to do this.


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## shadowwalker (Oct 9, 2014)

Take the contract to a literary attorney. Do not sign anything until you fully understand what they are offering and what they expect in return - and what they can or cannot/will or will not do with your books. I'm not comfortable with this 'co-author' idea. They did not write the books, and even if they edit them (which you should have control over regardless), that's just what legit pubishing companies do. It does not make them co-authors. I'm even more leery of the gentleman who wants to 'buy' the books but isn't an expert - which doesn't make sense for a publishing company. I'm not sure if you'd really be better off, quite frankly.


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## Clepto (Oct 9, 2014)

I agree wholeheartedly with shadowwalker. This whole situation strikes me as a bit 'off.' I would get in contact with an agent and an attorney and see what they think. In the long run covering all your bases will benefit you.


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## Seedy M. (Oct 9, 2014)

Awhile back there were quite a few "packagers" who would buy rights for series work. Part of the deal was that they could get other writers to put out a lot of hack garbage, but it would appear under your name.
Ask Ian Flemming. How many books have you seen with "*Bestseller Ian Flemmings' 007 Gold and Butterflies*" with a very small legend in the lower left corner that said _Written by Joe Schmoe"_?
I turned down two offers for the Flight of the Maita series and several for the Nick Storie and CD Grimes series.
The money looks good, but then a lot of trash might appear with your name on it.
Not me, thank you!


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## Julia Becca (Oct 9, 2014)

Advice noted.  Thank you.  I plan to hire a literary attorney or agent, but I wanted to know just what to expect.


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## TWErvin2 (Oct 9, 2014)

This sounds like a work for hire sort of contract/deal.

From what I have read (articles years back, like in the SFWA Magazine: The Bulletin) by authors who do such things, the contracts are even more tricky with pitfalls than a regular author contract (if there is such a thing as 'regular'). 

You really should consult a literary attorney, as suggested above. An agent might be okay, but since you already sold the books, the agent would get a 15% cut for a job that you've already done half of. A literary attorney would get a fee and then be done, and may be better versed in the specific contract language to expect and to avoid. You might also be able to find one faster than an agent.

For example, yes, your name might be on the book cover, but if they own the works, for example, they can hire anyone else to write the books and put their names on them too--or keep your name on them but someone else wrote it. They can take the series any direction they choose, and can alter the stories any way the publisher desires. You can quit or they can fire you, and they can continue the series as they see fit, if they see fit. That is unless the contract stipulates otherwise.

The work for hire isn't a bad thing. It's just something you should understand and all of the parameters and clauses included in the contract, before you sign on.


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