About Book Publishing Contracts
It may or may not come as a surprise to you, but book publishing contracts are written from the publisher's perspective, and for the purpose of benefiting the publisher. They are generally designed to protect the publisher from any sort of libel suits or other issues that could cost the publisher money. So it is a good policy to thoroughly analyze any book publishing contracts before you sign them, asking, even demanding, changes if you have to. Below are a few of the most common pitfalls that can be fall you, whether you are published by Whitman, Longman, or Delmar. First, make sure the advance they offer is representative of your skill as an author. Also be mindful of how the subsidiary rights are distributed. This includes magazine articles, film, and other forms of media. Of course, the obvious monetary concern in book publishing contracts is royalties. Like with advances, make sure the royalties are representative of your skill and fame as an author.
Make sure that your out-of-print clause is clearly defined or a publisher can keep your book in print forever. So why is this a problem? Even if the publisher is selling 50 copies of your book a year, it could be considered "in print." Fifty copies a year should be considered out-of-print as it is clearly not earning you anything, especially if the books are being sold at discount. Make sure your out-of-print clause in your book publishing contracts is a reasonable number, such as at least 1,000 copies sold during the previous 12 months. Also make sure the publisher must agree to publish the book within a certain amount of time. Another obvious one, make sure the copyright is in your name, not the publisher. Otherwise you might as well be a ghostwriter. Be careful about how your book publishing contracts figure in book club sales as well, some publishers do not want to let these count towards royalties. Make sure, also, that heavy discounts will not cut into your royalties substantially. Finally, make sure you are protected in the event that the publisher decides not to publish your book, or is forced into bankruptcy. In both cases, rights should return to you immediately. Book publishing contracts also should contain a clause to let you, the author, audit your books before they are published. Finally, be aware, that some publishers have a no competition clause, which could limit what you are free to write about. |
