Authors guide to publishing |
|
| |
|
| Introduction |
|
| This article is directed to authors, agents and publishers, but with special emphasis for authors. It explains some of the legal pitfalls to avoid when publishing a book. |
|
| |
|
| Standard contracts – beware |
|
| Many publishing houses have standard terms and conditions which they require that you sign before they start work. Of course you want to keep them happy and your agent too. Book publishing agreements are written by publisher's lawyers, and are therefore drawn primarily to protect the interests of the publisher. (We know we've edited several). |
|
| |
|
| So while we don't say “don't sign a standard contract”, we do say be sure to read it thoroughly, ask if you are unsure, be prepared to negotiate |
|
| |
|
| Bargaining power of agents |
|
| Agents of course, are in a position to bargain with the publishers (their job of course is to get the best deal for the author). However, agents are often ex-publishing house employees, so are used to the regular boilerplate clauses which are actually rather unfair to the author. |
|
| |
|
| Although agents will try to get you the best deal within the parameters of these clauses, based on your bargaining position - they will rarely challenge the clause itself. Everything is negotiable. Our advice. Read and re read the agreement, ask questions and then work out what can give and what can't. You are then in a better position to negotiate. |
|
| |
|
| To help you do that, we have set out the most common terms and their implications for you |
|
| |
|
| Rights |
|
| Unless you are “work for hire,” (giving up all copyright) the standard publishing agreement will provide that the author licenses or assigns all “print” rights to the publisher, plus “subsidiary” rights: foreign, book club, electronic, film, audio, drama. |
|
| |
|
| Except for print rights, however, all of these are negotiable, depending on your bargaining power. The more subsidiary rights you keep the better. |
|
| |
|
| Royalties |
|
This rate will depend on whether the book is paperback, trade paperback, or hardcover, and is generally on a sliding scale. For example, a hardcover book might provide royalties of eleven percent on the first 5,000 copies sold, twelve point five percent on the next 5,000, fifteen percent thereafter (paperback is generally in the six to nine percent range). The key to royalties is not only the percentage but the price that the percentage is based upon.
Ensure you fully understand the implications of each formula before you can understand your proposed royalty rate. For subsidiary rights (like foreign rights) retained by the publisher, all net receipts should be split equally with the author. |
|
| |
|
| Warranty and indemnification |
|
| These are purely “legal” clauses often skimmed over by authors and not fully understood either by agents or editors. These paragraphs set forth the respective responsibilities of the parties in the event of claims by third parties against the book, such as for defamation, copyright infringement, or invasion of privacy. Check carefully. |
|
| |
|
| Front and back |
|
| In nonfictions books, publishers often require authors to provide “front matter” and “back matter”. This could include tables of contents and illustrations, indices, and so on, even though the publisher is in a better position to do these them. Our advice? Understand your responsibilities and the cost to you (such as paying an indexer) before you sign on the dotted line. |
|
| |
|
| Options |
|
| Don't accept option clauses. They usually give the publisher the right to either buy or make an offer for the author's next book. If you simply can't negotiate this clause out completely, make sure it imposes no real burden. For example, you could set a very limited period during which the publisher may bid on your next book. |
|
| |
|
| Revisions and updated editions |
|
| Paramount to nonfictions books – ensure the clause allows you to determine when the revisions have become so extensive it is essentially a new book subject to a new contract (and more money!). Make sure the clause puts a cap on the number of revisions in any one time period. |
|
