Tuesday came and went, so I called the editor to ask what had happened at the editorial meeting.
She informed me that her boss would not put The Healthy Prostate out of print, despite the fact that it had sold 13 copies during the past six-month period, and 4 copies in the period before that – that’s a grand total of 17 for the year. And that was actually an improvement, for it sold only 12 copies during the previous year, 15 the year before that, and 12 the year before that. I don’t think there’s any danger of this 15-year old book landing on the bestseller list any time soon.
Why does the publisher want to keep the book in print? There are no plans to mount a new media campaign to promote the book, or to issue a revised edition – in fact, the book has been put into “Print on Demand” status, which I understand to mean they don’t even bother to print copies and send them out to bookstores. Instead, they print copies one by one as orders dribble in.
However, the fact that it remains in print means I can’t write a competing book. I’m in a bind that I suspect is becoming more common thanks to modern technology that makes print-on-demand economically feasible for publishers. It doesn’t cost them any money to keep a poorly selling book in their on-line catalog, and by printing on demand a couple of copies at a time, costs stay low enough that they can apparently make a few bucks on each book.
Unfortunately, there is no “automatic reversion for dwindled sales” clause in my contract. This would be a clause saying that the book must sell a certain minimum number of copies in any six-month period, or it will automatically be classified as out-of-print and rights to the book will revert to me.
Alas, I didn’t think of such things when I signed the contract back in 1994, before the Internet and modern print-on-demand technology made it feasible to keep a book in print forever. In fact, back in the 1990s, when one of my books had outlived its sales life, I would call the publisher and ask to have it put it out of print, and the reply would generally be “Okay.” Not anymore.
From now on, I’ll have to consider the “automatic reversion for dwindled sales” and Competing Works clauses more carefully before signing a book contract. And it would be a good idea for you to do the same.
This article was very informative, and at the same time sent my spirits in a downward spiral. My debut novel is out on e-book – and it’s VERY poorly edited. It’s been almost a year and I’ve received no royalties. It hasn’t been released in a trade paperback form, and since my publisher won’t return my calls, I’m assuming it never will. How do I get my rights back? Do I need an intellectual property attorney? Am I stuck with this publisher, unable to sell future novels elsewhere because I signed a contract with the “competing works” clause?
Hi Jordan –
Whether you’re stuck with this publisher depends on your contract. How strict is the competing works clause? Can it be interpreted to mean that any other novel you write is a competing work? Or only novels using the same characters as are in the first?
There may be other ways out. If, for example, there’s a clause in your contract that says rights will revert back to you if sales fall below a certain level, you may be able to reclaim your rights.
Check your contract carefully. And yes, you may need an attorney.
By the way, I had the same problem with a publisher who refused to respond to my calls or emails. I got around it by calling someone else at the publishing house and speaking to her. I can’t guarantee this approach will work for you, but it’s worth a try.