If you have a book publisher's contract in
hand—and especially if that contract is from a so-called "trade publisher"
you found on the Web—you would be wise to get counsel before signing that agreement.
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), be sure to read
my article,
Author-Publisher Contract Tips. If
it doesn't answer all your
questions about the "legalese" in the publishing contract you have received, you might want
me to take a look at it.
Note that I do not offer legal
advice. From my viewpoint as an author, I will simply study the publishing contract you have been
offered and write a summary of any problems I
see in it. I'll
cite
specific clauses that concern me, and offer suggested wording that
your publisher might consider adding to your contract.
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 have also learned a great deal from observing
how my very
smart literary agent modified most of the clauses in several
of these
contracts. I know better than most how book publishing contracts are
always weighted in the favor of the publisher, and how certain
clauses may be
negotiated to help balance the scales.
Different Kinds of Publishers. First you need to understand that
there's a big difference between the publishing contracts being
offered by the kind of traditional trade book publishers I've worked with
all my life, and those being offered by some so-called "trade publishers"
on the Web. Many of these companies operate ethically and give
authors great value and service, but others have racked up a
lot of complaints from dissatisfied authors. Some have renamed
themselves as a result, and continue to operate the same old
way. Others have simply gone out of business leaving authors
with a legal nightmare.
From reading several contracts my clients have sent me,
I know how easily a new author can be seduced by a
less-than-desirable "publisher" that may actually be a
primarily a printer
or vanity press in disguise. There are now dozens of companies
offering pricey publishing packages for self-publishers, and all of
them have developed publishing contracts designed to put a lot of money in their pockets once
an author signs on the dotted line.
If you're planning to work with one of these companies, first read my
article,
"Your Self-Publishing Options with POD (Print-on-Demand) Printers
and Publishers." I doubt that authors could get any of these
companies to change a clause in their contract, but you
still might want to get my opinion on that contract
before you sign it. I will read it as
though it had been offered to me, and point out any clauses that
concern me, and why. I will also tell you anything I happen to know
about that company from my own research, or what I've learned from
other authors who may have worked with them.
Undesirable Contract Clauses. I can be of
most assistance to authors who have received a contract from a trade
publisher (one that sells to retail bookstores, libraries, book
clubs, etc.― see my article,
"Selling Your Book to a Trade Publisher"). Many
aspects of the publishing process are disguised in hard-to-understand
clauses, and today's traditional trade book publishers are seeking far more control over an
author's work now than ever before, particularly in the area of electronic
rights.
Transmitting the Contract. A copy of the contract should be e-mailed to me in a form that allows me to
add suggested changes or comment notes to the document. (Contracts may be scanned as
editable 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.) PDF copies of a contract
must also be editable so suggested changes can be indicated. If you
have time and prefer to send a copy of the contract by mail, request
my address.
