One of the worst things about the Night Shade business is that a publisher going into bankruptcy takes all their books with them. Even if a writer’s contract specifies that the rights revert to the author upon bankruptcy, that clause can’t be enforced because the bankruptcy court seizes those rights as one of the few (if not only) asset the publisher has.
It’s a little more complicated than that, as stated in the link in my previous post on this subjects, but that’s the basics. If a publisher goes bankrupt, in all likelihood a writer’s publishing contracts will be sold off to a third party without any input from the writer.
That’s just a matter of the law, though, isn’t it? Couldn’t legislation change that?
This is something I’d like to see SFWA (and other writers groups, and writers in no group at all) take up. Surely there are legislators on the federal level who are sf/f fans. Does anyone know who they are? Who their favorite writers are? I would bet that a contact from a writer they admire might persuade them to introduce legislation protecting right of reversion contracts.