In response to a published report that Random House has renegotiated its electronic rights agreements with the Raymond Chandler estate in the wake of the recent court ruling that said pre-1994 book contracts do not include electronic rights, the publisher claims that it has done no such thing. Of course, the agent for the Chandler estate is quick to disagree.
Stuart Applebaum, a spokesperson for Random House Inc., emphasized to PW that while RH did negotiate to renew an expired license to publish the Chandler backlist, RH "did not pay a separate or additional fee for separate e-book rights."
In July, a federal court declined to issue a preliminary injunction against RosettaBooks, allowing the online retailer to continue to sell e-book versions of certain Random print titles whose contracts were signed in an era before e-books and digital delivery were a reality. But when Random House announced it was appealing the court's decision, it also announced plans to issue e-book editions of the Raymond Chandler novels on its backlist, as well as an electronic version of Truman Capote's In Cold Blood.
Ed Victor, a London literary agent who represents the Chandler estate, told PWhe found it "annoying" that RH claims that it has not paid to retain e-rights. He said that Random House renewed its rights to nine Chandler novels "for a ton of money" in an August 15 auction. He told PW that Random had specified that the deal would include e-rights. Victor told PW that, in his view, RH paid a premium to retain those rights. "RH never had the e-rights to Chandler's books and got them after they specified that they wanted e-rights. I was happy to give them for the right money."
And while Applebaum agrees that RH asked for the rights, he told PW that it has been the publisher's policy since the mid-1990s to specifically ask for e-rights in new contracts. He maintains, as the house claimed in the Rosetta case, that e-rights are inherent in its previous contracts. "We paid a sum that encompasses all publishing rights, not a separate fee for separate rights," Applebaum said. "It's consistent with the renewal of all our older contracts. In any new contract, we spell it out. We also ask for print rights. We don't think it impacts on the Rosetta legal issue. Mr. Victor is free to perceive it in anyway he wishes. We're just happy to continue as Chandler's publisher."
Michael Boni of the firm Kohn, Swift & Graf, the lawyer for RosettaBooks, told PW that RH seems to want it both ways. "It's an inconsistent position," said Boni, describing RH's statements. "But it's also what we've said all along. If you contract for it, you get e-rights. If you don't, then you don't."
