What You Should Know
About
BOOK CONTRACTS
by Gianni D. Hayes author of 24 books, including:
An eclectic collection of short stories that are like windows into the
various stages of a life. They examine the various passages that affect
us all, as the protagonists of the stories face various problems: fun
events, medical issues, the tragic death of a friend.
With so many
ongoing changes in the writing and publishing industry, authors need to keep up
with them to protect themselves. You can go to Writers Digest’s book club and
purchase books on contracts, as well as going online and researching the
composition of a good contract—one that is fair to the author and the publisher…including
yourself, if you are self-publishing. Signing a bad contract is akin to giving
your work away, and likely forever.
Joyfully, I
recently was offered a 4-book contract, of which the first contract was to
serve as the template for the next 3 books. But while reading the initial
agreement, I became alarmed; there were problems with my rights.
I sent the
publisher numerous questions, most of which he answered but was adamant
regarding what rights he wanted. I understand that publishers must have certain
rights granted to them in order to receive equity on their hard-earned work,
but writers must be on top of things to see if they are being treated fairly.
More
commonly today than when I began writing and getting published in the early
‘80s, is a writer dealing directly with a publisher than through an agent.
Self-publishing and POD publishers are more the norm today than finding agents
to sell your book to big traditional houses. Three reasons for self-publishing
and using PODs are control of:
1. The entire
writing/publishing process;
2. The
profits; and
3. Your rights.
Finding a
good and legit POD publisher is everything. They, like traditional publishers,
must carry the cost of printing, the onus of proofing, and the patience to deal
with finicky authors among other facets. I have found Cambridge Books/Write
Words, Inc to be one of the most reputable PODs. Always this company puts its
writers first, and they do this by providing a just contract and high quality
work.
With any publisher, author concerns should always valid and viable. Any publisher should strives to
make authors a part of the entire publishing process.
Gianni DeVincenti Hayes, Ph.D, has put her heart and soul into a story
that allows readers to explore humanity’s feelings: Adoration for
others, thoughts, dreams, as well as the fears and hate, that constantly
plague us. The story emphasizes the importance of communication with,
and love for, another—or the lack of love even for God—that forces each of us to go on that risky journey, called “The Search.”
I’ve had
many contract experiences during the years my 24 books were published. While
all contracts are a give-and-take process, there are those publishers who
believe they should acquire most or all the rights they can take from writers,
especially new writers.
It’s best to get someone who understands literary
contracts to look over yours. If you are a member of the National Writers
Union, the Authors Guild, and other literary agencies, they will offer contract
advice; otherwise, seek the help of savvy published writers, or get a good attorney.
This especially applies to writers who are working with publishers, not
self-publishing.
Digital
publishing has taken a forefront in contracts. You should try to keep the bulk
of digital printing rights. Today, most publishers want both print and digital
rights. This is okay as long as everything is spelled out in the contract for
both venues.
Contracts can be sticky, so keep the following
in mind anytime you’re selling your creative work. Not all contract items are
included below, but they’re a good start to consider; hence, this article introduces,
in broad strokes, contract concerns:
1.Limiting “world” sales to English in
U.S., its territories and Canada may not be a good idea unless your publisher
is well versed in foreign sales.
2.Copyright must be in the author’s name; no
exceptions.
3.Always have the rights and percentages to subsidiaries clearly
written out.
Retain your approval rights for any use the publisher wants;
you can’t demand 100% on everything. You have to pick your battles, most of
which should center around your rights.
Also make
certain that you are able to use excerpts or partials of the work you gave to
the publisher. One publisher I had—but did not sign with—demanded that I get his
permission for anything I write on the topic of the book in any form (articles,
blogs, online, YouTubes, etc) past, present and future!
Determine
what derivatives the publisher wants in whole or in part, and how they will
benefit you. Some publishers often want all the derivatives in current and
future formats and media.
The publisher is in the business of presenting a good
book to the public through marketing and other tools. Most contracts will
contain such clauses (paraphrased) for getting your book out:
“To sell or
license any supplements, revisions, condensations, serial works, and abridgements,
along with such venues as video, screenplays, TV, film, and other dramatic
rights, along with radio, cassette, audio, digital and YouTube productions, and
any electronic medium available at the time of the contract or in the future.”
Again, discuss
your concerns about subsidiaries and supplements with the publisher.
Ascertain
that you can make galley corrections, as well as any revisions needed in
context so that if you or others found errors in your narrative that you can
change it before it’s printed or reprinted.
Before you go messing with the
galleys you should have made your major changes in a copy prior to the galleys
which most publishers supply. The galley proofs are not for lengthy or significant rewrites or additions.
Do not agree
to any terms that suggest you must pay for unsold books being warehoused or
stored elsewhere. Consider purchasing at a low price your unsold books that the
publisher no longer wants to carry or will sell off as remainders, or even
shred or recycle.
You should
not have to pay for indexing your book.
Some publishers will ask for revisions, but when you do the
rewrites, they may come back and state that you did not revise your work adequately
and thus they will have someone else rewrite your book and you must share with them your
advance and royalties. Do not allow this.
There is much, much more, that goes into contract discussions.
Read every word over and over, and obtain help from veteran authors and
literary agents or attorneys.
Don’t “give away” your baby, but do remember that contracts
are made to be negotiated.
Jacob’s working on a formula that will cure both AIDS and cancer. It will save the world—as long as nobody realizes it can also become a doomsday weapon.
