It is not uncommon
for an author to review their published work and request changes
and this presents challenges for the publisher. Authors sometimes
desire that specific passages be re-written for clarity, desire
grammatical corrections, and for technical books, the author may
request corrections to equations and code listings.
A publisher, also desirous of improving the content of the work,
is tempted to antecede to these requests. Unfortunately it is
impossible to change a book once it has been produced, registered
and distributed. There are several impervious barriers to making
changes to a published work:
Federal Registration
When an
application is made to register a book with the US Library of
Congress, a master copy of the book is sent to Washington DC and a
Library of Congress Control Number (LCCN) is issued. At this
point, the book is a matter of public record and cannot be
changed. Revisions may only be made by re-publishing the work as a
subsequent edition.
Distributor Independence
Book distributors have sole discretion about accepting changes to
published works. Distributors are independent entities and neither
the author nor publisher has the right to insist on changes to any
works marketed by a distributor. Distributors often invest
thousands of dollars in the marketing and infrastructure for a
book, and they have the sole discretion about whether or not to
supercede a book with a second edition. In the absence of a fast
sales velocity and a compelling business justification (i.e.
greatly improved content), requests for changes are routinely
denied.
Limited Publisher Rights
Publishers commonly contract with the author as a work-for-hire
and the publisher purchases exclusive copyright to the work. In
cases where the publisher sub-contracts with a third-party printer
(e.g. the DBAZine book series), the publisher does not hold
copyright to the material and has no rights or obligation to
change the content.
Limited Author Rights
Book authors have long attempted to maintain control over their
works after they have sold them to a third party. US case law is
replete with attempts by authors to enforce the medium of
distribution, placement and marketing of the work and many other
issues. For example, Gary Trudeau unsuccessfully attempted to
force newspapers to publish his “Doonesbury” comic strip as a full
half-page. A famous science fiction writer once tried to force his
publisher to re-order a book of short stories because he did not
like being closely associated with a competing author.
To understand the limitation of author rights we can use
historical examples. The legal system considers the work of
producing Intellectual Property to be the same as an artist who
produces a painting. Once the artist sells the painting, they
sometimes complain that the painting is displayed in a
non-prestigious art gallery, hung with the wrong background color,
or displayed next to another painting that they find offensive. Of
course, none of these challenges has been successful.
In sum, the owner of their work, not the author, has sole
discretion of where and how their property is displayed and
presented.
Disclaimer: This content has been
produced by someone with no education or training in legal matters
and none of the above should be relied upon. For definitive legal
rulings on these issues, please consult “Judge Judy” or “The
Peoples Court”.
|