If
you've been offered a contract then I advise you strongly
to use a lawyer or agent, or at least to get their advice,
during negotiations. I also want to emphasise that contracts
are negotiable. Don't think that you have to accept
the first document the publisher puts before you; on the other
hand, if this is your first book, then you may not have much
power to drive the bargain you want. Nevertheless, you can
negotiate, so do it.
A
publishing contract covers many areas:
- Who
the contract is between, typically yourself
and a publishing house, but if you use an agent
then the agent's name will be inserted in there
as the person who gets all the monies initially
(the agent then extracts his or her commission,
and sends the rest on to you).
- The
title(s) that the contract covers
- When
publication of the title(s) is expected (this
often changes during the editorial process).
- When
delivery of the title(s) is expected.
- How
much, and in what form, the advance covers.
- What
is an advance? When a publisher accepts
a title for publication they work out how
many copies they are likely to sell. They
then decide how much of your royalty (see
below) they decide to pay you up front (anywhere
from about 30% to 100%). For instance, if
the publisher estimates they can sell 10,000
of the title for $10 a copy, and the author
will receive a 10% royalty on each of those
books ($1 per book), and, being generous,
the publisher decides to give you $10,000
as an advance. This $10,000 is unlikely
to be paid in one lump sum; rather, there
will be a percentage of that $10,000 paid
on signing the contract (perhaps one half:
$5,000), another 25% on delivery of the
manuscript ($2,500) and the final 25% on
publication. Thus the payment of an advance
is generally paid out over at least a year.
If an author sells a series of books as
one title (a trilogy, for example) they
will receive an advance covering all the
books of the series, but this advance will
be paid out over the number of years it
takes to publish the series. Thus you sometimes
hear of authors who get a magnificent advance
for a 10 book series ... what most people
don't realise that the advance will be spread
out over at least 10 years, and in fact
only represents a fairly modest income p.a.
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- The
royalty you receive. Royalty rates are, unfortunately,
slipping. Once you could confidently assume that an
author received an average royalty rate of 10%. Now
that can be as low as 6%. On the other hand, the contract
will also generally specify something called rising
royalties (and if it doesn't, then it should). Rising
royalties basically give you a higher royalty once
a certain number of books have been sold. For instance,
you might start out on 10% royalty, but once 25,000
books have been sold, you might then go onto a royalty
rate of 12.5% You also tend to get different royalty
rates for hardback and paperback books (hardback are
usually slightly higher).
The
territories the contract covers. VERY few authors
sell world rights to their titles. Generally, you
sign country by country. Thus there will be separate
contracts for US rights, UK rights, German translation
rights, French translation rights etc. etc. etc.
These other countries don't automatically fall in
line - you must sell your work to publishers in
every country. Getting your book published in one
country is no guarantee that it will be published
anywhere else.
-
The
rights the contract covers. If you are selling to
a book publisher you should sell (or lease, because
these contracts cover the lease of rights rather
than the actual sale of them) the print rights only.
Publishers sometimes try to take the electronic
rights, film rights, radio rights, graphic novel
rights (and whatever other rights they can think
of) as well. Don't. Sell off your various rights
one by one, don't give one organisation exclusive
control.
-
Sundry
incidentals ... are you using quotes or photgraphs
in your book that are copyrighted to someone else?
If so, it will probably be up to you to gain permission
to use the material, as also to pay whatever fees
that permission includes. You must vow faithfully
and cross your heart that all the material in your
book is of your own authorship (unless otherwise
stated and paid for). The cover art of the book
is sometimes mentioned ... generally along the lines
that the author has no say in cover art at all.
You will also have to agree to make yourself available
(as your work commitments allow) for publicity purposes
on the release of the book.
There
are a number of other things that crop up in contracts
- how many free copies of the book you are entitled
to, for instance - but the above lists the main clauses.
Either
the publisher or the author can extract themselves
from a contract, but it takes a serious breach of
contract to do that ... although sometimes there is
a 'gentleman's agreement' and both parties mutually
agree that they have no interest in doing business
with each other and all rights are handed back to
the author.
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Copyright
© Sara Douglass Enterprises Pty Ltd 2006
No material may be reproduced without permission
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