A: Steve
Gillen, Publishing Attorney, Greenebaum Doll & McDonald, PLLC:
"If
you are the original and sole author and they really need you to prepare
the next edition, and they acknowledge that, your leverage is to say
no to writing the next edition if they don't improve the offer. However,
you need to be prepared to walk away, and they need to believe you
will.
You
get what amounts to a right of first refusal on subsequent editions.
If the publisher realizes that it needs your special talents and reputation
for the revision, your threat to decline the opportunity to revise
may buy you some improvements in your contract. But if you say no,
they can find a replacement for you and charge the cost of your replacement
against your royalties, which would step down in subsequent editions."
A: Michael
Lennie, Authoring Attorney and Agent, Lennie Literary & Authors' Attorneys:
"You
can put in the revision clause in the original contract that the contract
is negotiable in the next edition. This is very difficult to do, but
could be done.
You
should also include a phase out clause whereby the author would receive
50 or 60 percent of the royalty if he or she did not participate in
the next edition, 25 or 30 percent of the royalty if he or she did
not participate in the next edition thereafter, and 10 or 15 percent
if he or she did not participate in all subsequent editions thereafter."
