I Still Have Most Of My Organs, Actually

[ursulav]

So there’s this publishing horror story making the rounds the last few days-the saga of Mandy DeGeit, who submitted a short story to a small press that did anthologies and discovered that it was published with a whole lot of changes, including animal abuse, which she never saw, never okayed, and never had an inkling of until the bizillion copies

Comments

[gabyrippling]

As a law student, I'd like to express how important it is to have a lawyer look over and explain terms in a contract like "edit" and what damages or remedy one might be entitled to in this sort of situation, especially for fledglings. Because I'm almost certain that Ms. DeGeit has some remedy she could utilize beyond just cutting off her business with the publisher (probably the publisher losing exclusive rights, which is probably why he immediately gave them up, knowing he was in the wrong but loath to actually admit it; but she could be entitled to an injunction of the work in its entirety in the right court...). I know a lot of people think lawyers are horrible bloodsuckers who just waste people's time and money, but it's these situations that lawyers are there to prepare one against. An ounce of prevention and all. And there are some good non-profits that specialize in artists - I don't know about the Canadian market, but in NYC there's Volunteer Lawyers for the Arts (which I understand has been emulated in many states). Just having a disinterested eye looking at a contract when you're a newbie and liable to accept practically anything is important.

[ursulav]

My agent, as part of "How She Earns That 15% That She Totally Totally Deserves And Seriously, I'd Pay Her More But Other Agents Would Consider That Dubious," keeps a contract lawyer on hand who vets all our contracts.

Of course, it still means I'm trusting my agent to agree to a good contract, but if you can't trust the agent, you're in trouble anyhow!

[gabyrippling]

Yeah, generally agents are the ones in contact with good contract lawyers because they have the relevant connections (since artists generally don't have the time or means to vet a good lawyer). Having an agent you trust is very important. But I was more just talking about for fledglings who don't even have proper agents yet. Ideally that's the first step, but it seems like Ms. DeGeit didn't have one which was unfortunate, obviously. At the very least they can act as a safety net and second opinion (and ideally, they work as an excellent ultra-extension of yourself the way I've read yours does).

(PS: I'm a lurker, but I love your blog. As a strongly arts-interested law student with heavy nerd leanings, it's always a pleasure)