When an author is published, does the author's work become the publisher's property?

Question

Sorry if this seems like a simple question, but I am unfortunately very unfamiliar with many copyright/intellectual property laws. I'm writing a screenplay that involves someone having their work published, and so a plot point I had working in my mind seems to rest on this question.

For example, if an author is published, and a film studio wants the rights to that work, is it necessary to go through the writer first, or does the publisher have full write to sign off rights without the author's consent?

Thanks!

Answer 1

It depends on the contract the author signs. The simple answer is no, it does not become the publishers property. The more important or experienced the author, the more likely that the publisher is buying first publication rights and nothing else.
On the other hand, an author who has little reputation but has come up with a work the publisher really expects to take off may be offered a contract that says the publisher will pay something up front, a royalty on book sales, and if the publisher places the book for paperback, movie, TV, audio tape, ebook, the publisher will get a percentage for their role in the sale and the author will get the rest. In other words, the publisher is acting somewhat like an agent.
When a writer is offered a serious contract for anything more than first hardcover or first print publication rights, the contract should be taken to a literary lawyer for examination of the details. Refusal of the publisher to allow examination of the contract or threats of not publishing if it isn't signed immediately are signals to stand up a walk away. No legit publisher will put you on the spot.
Look at Writer's Digest magazine (if it still around) and related books.

Answer 2

If a publisher decides they want to publish your work, it's a good idea to get an agent at this point. Your agent will negotiate the contract with your publisher. It's in the author's best interest to sell the rights to publish the work in book form only. Hold the movie, merchandising works, and audio rights in reserve. The only time the publisher has full rights to an author's work is if it was a work for hire. That means that if a publisher hires an author to ghost write or to write using their name, the publisher owns all the rights.

Answer 3

The agreement between the author and publisher determine which exact rights are sold to the publisher. Selling "full rights" is not typical. Not saying that it doesn't happen, just that it's not typical. Many times, the author is going to retain the film rights, esp if the author has a good agent. Often, they even retain paperback rights, which can then be sold to a publisher (the hardback publisher gets a certain period of time where they are the exclusive publisher to avoid being undercut by a lower priced paperback version).

There are several good books related to the business of publishing. "Telling lies for fun and profit" by Lawrence Block is one that I would recommend. If you plan to sell your screenplay in the future, it would be handy to know a lot info anyway :)

Answer 4

This actually depends on the agreement between the author and the publisher. For most authors, the publisher will not give them much choice in the matter. Big name authors on the other hand will be able to keep their intellectual property because publishers will be working harder to make them happy. If the publisher lets the author keep the rights to their work, they will pay substantially less than if they had also paid for the rights to the work.

Answer 5

yes