This is our final week in John's Subsidiary rights paragraph, and we've come to subparagraph (f), enabled access rights:
(f) "(Enabled) Access Rights," or "Rights to Enable Access," meaning the rights to publish, produce, and/or reproduce the Work in Braille, and in any other form or format, and on any devices which enable or facilitate access to the Work for persons who are blind, have significant vision impairments, and/or have physical or leaming disabilities (individually and collectively, "Enabled Access Formats"). Publisher may authorize and/or license the use of any edition(s) of the Work in all Enabled Access Formats without royalty or other fee to Author, provided that if Publisher receives any amount(s) in connection with exploitation of Enabled Access Rights and/or Enabled Access Formats, Author will eam a royalty equal to the percentage otherwise applicable to the use resulting in such receipts.
So ... what is the publisher getting here?
1. The right to produce Braille editions of the Work.
2. The right to produce special editions of the Work designed to facilitate access to the Work by people with physical and/or learning disabilities
3. The right to produce and distribute these special editions without paying royalties to the Author - unless the Publisher actually receives money in return for the special editions.
If the Publisher sells or receives money for the special editions of the Work, the Author receives royalties on those copies.
Some authors balk at point #3, but they shouldn't. Some publishers provide Braille editions of Works to libraries and/or schools for the disabled free of charge, as a public service. Others sublicense the right for special schools to translate works into Braille (or other enabled formats) without paying a fee for the privilege. This, too, is an important public service - and one I believe all authors should encourage.
The "Braille Market" is not so large that an author should begrudge the blind a few books. And remember: if the Publisher receives any money in return for the special editions, the author gets his or her share in royalties too.
Properly drafted, enabled access rights allow the publisher room to help facilitate disabled people's access to literary works - a goal well worth supporting, from my perspective.
Do you have experience with special editions of books like the ones discussed in this paragraph? Would you support your publisher's desire to help facilitate disabled people's access to your work?