Barbara Brabec's
Author-Publisher Book Contract
Consulting Service
Let Barbara critique your trade book publishing contract and
point out its financial pitfalls and specific clauses you should try to negotiate.
This service is for authors who do not have a literary agent or an
affordable attorney that specializes in book contracts. Note that I can work by phone only
with authors in geographical areas where I have unlimited
long-distance service. (See NOTE below.)
Read high praise from satisfied
authors Barbara has helped!
There is NO CHARGE for an introductory ten-minute phone chat to
discuss your particular publishing situation and the publisher you're dealing
with.
<<< Call 630-717-0488 >>>
NOTE: The following information is applicable to contracts from traditional
trade and academic book publishers in the U.S. or other countries—but not from
one of the many Web-based book publishing companies or those offering a package
of services to self-publishers. This is a different kind of contract altogether,
but one I can certainly help you understand. If this is the kind of contract you have,
read
this article for perspective and then click back to this page.
My unlimited long-distance service covers the following areas, so if you live
in one of these areas, you won't have to stand the expense of the follow-up
phone call that is part of this consultation service: Continental U.S., Hawaii,
Alaska, Canada, Puerto Rico, Guam, and the U.S. Virgin Islands. |
The Financial Pitfalls in Book Publishing Contracts
If you don't have a literary agent or an affordable attorney who
understands the inner workings of the publishing industry (a regular
attorney is not recommended for this job), first read my article,
Author-Publisher Contract Tips.
It won't address all the tricky clauses in today's book publishing
contracts, but it will help you understand some of the "legalese" in the contract you have received.
If you are a first-time author, you can be sure that any contract
you are offered by a trade book publisher will be a "boilerplate special,"
which basically means that you will be offered as little as possible in
hopes that you don't understand how the book industry works—and
that you will be so
grateful to be published that you will sign the book contract as offered.
But you
don't have to do that because publishers WILL negotiate terms, even with a
first-time author. You just have to know what to ask for and HOW to ask for it.
And that's what I can help you with,
as these authors have confirmed.
"I followed [Barbara's] advice about how to negotiate without being aggressive
or alienating the publisher . . . To my delight, and largely because of my
approach and tone, the publisher was very willing to make changes that I would
not have even thought to ask for had it not been for [her]." - Sherrie Vavrichek
(New Harbinger contract)
"She gave me great advice on the contract Wiley offered me and
helped me talk
with them from a position of strength and knowledge." - John Davis
(John Wiley contract)
"Thanks to Barbara, we felt completely confident during the renegotiation
process and actually got the publisher to agree to all the changes she
suggested!" - Roxana Soto and Ana Flores (contract from Bilingual Readers, Spain)
"Barbara's fee was just as advertised, with no hidden costs. It was the
best money spent. She had no agenda, other than to be helpful."
- Suzette Hodnett (contract from Findhorn Press, Scotland)
As
a first-time author unfamiliar with customary terms, conditions, and practices
in the publishing industry, I benefitted greatly from her experience and wise
counsel." - Roger Dooley (John Wiley contract)
CLICK HERE . . . To read the full comments of each author and learn
about specific contract concessions they were able to
get after consulting with Barbara.
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Note that I do not offer legal advice.
From my viewpoint as an author of several trade
books, I will simply study the publishing contract you have been
offered, discuss it with you, and write a summary of all its "problem clauses." I'll
cite each clause that concerns me (particularly those that are going to
diminish your royalties or control over your intellectual property), and offer suggested wording that
your publisher might consider adding to your contract if you ask in just the
right way.
My Qualifications for this Work. I didn't set out to become an expert on this topic, but
I have had more
than thirty years' experience with several trade book
publishers, and I've also learned a great deal from observing
how my very
smart literary agent modified most of the clauses in my own book publishing
contracts. In recent years I've also read many other contracts sent to me by author
friends and clients. I know better than most how book publishing contracts are
always weighted in the favor of the publisher—particularly now that publishers
are scrambling to get on the "eBook Wagon"—and how certain
clauses may be negotiated to help balance the scales.
Ready to use my book contract consulting service?
The fee
is just $195, payable in advance through PayPal.
REMEMBER . . . today's traditional trade book publishers
are seeking more control over an author's work now than ever before,
particularly in the area of electronic rights. Contract clauses have
always been obscured by legalese, but some publishers today are compounding the
problem by using new phraseology never before seen in the book contracts.
For much less than what you'd pay for an hour's worth of advice from a
literary attorney, you'll get information from me that will enable you to
successfully negotiate changes to your publishing contract that will give you
more control over your book and possibly result in
thousands of additional dollars in royalties over the lifetime of your book.
Depending on what you tell me at the onset, I may work with you in one of two
ways. After studying the contract and considering your particular publishing
quandary, I'll either want to first discuss the contract with you by phone and
follow-up with a detailed written critique and suggestions for changes to
certain clauses; or (2) I'll send the written critique first, and follow-up
with a phone call to discuss each troublesome clause. Either way, you will get a considerable amount of my
time and be able to get answers to all your questions before we're done.
Specifically, the phone consultation and critique will
focus on clauses that:
will dramatically
cut royalties and subsidiary rights income;
limit eBook royalties and income from other electronic uses of content;
make it impossible to
create spin-off products and services;
limit the author's control during the publishing
process;
make it difficult to sell copies of one's book;
curtail the author's use of content for promotional purposes . . . and more.
I cannot write legal contract clauses for you, but where
necessary, I may
suggest specific wording
that would be
desirable in certain clauses, plus give you other tips on how to tactfully get
what you want from the publisher. I will also link you to some helpful articles on the Web that
will give you additional negotiating power.
Transmitting the Contract. I need the contract
either as a Word or Adobe PDF document. If sending a PDF, please give me the
ability to cut-and-paste content from it into my critique. Depending on the
contract, in some cases I may wish to highlight clauses in a Word document, and
add comment notes about it.
Note that contracts may be scanned as editable Word documents. If the
contract is on legal-size paper, fold pages in half and scan as two pages and
then bring all the pages together in one master document.
AGAIN . . . There is NO CHARGE for an introductory ten-minute phone chat to
get acquainted and discuss your particular publishing situation and the publisher you're dealing
with. I won't ask for payment until I'm sure I can be helpful to you.
<<< Call 630-717-0488 >>>
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by Barbara Brabec
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