Month: April 2012

In traditional publishing, a book goes “out of print” when the publisher is no longer producing new copies of the work and the existing sales stock falls below a point where retailers can order more copies for sale. When publishing focused exclusively on printed works, “out of print” status was easy to recognize – the publisher wasn’t printing more and the book disappeared from bookstore shelves. Contracts established “out of print” status by reference to printing schedules, publisher inventory or “availability for sale.” E-books have changed the playing field where “out of print” status is concerned. Contract clauses defining when

Today we’re taking a moment to “Show you the money” – and explain why authors don’t want to hear the word “net” in connection with royalties. Royalties are the money an author receives from a publisher under a publishing contract. Sometimes the author also receives an advance, which is usually an up-front, lump-sum payment against future royalties due. When authors receive a standard advance, the author receives no additional royalty checks until the author’s share of sales exceeds the amount of the advance. Generally, publishing contracts calculate royalties in one of two ways: Gross royalty calculation (sometimes phrased as calculation

Foreign language rights (sometimes called “translation rights”) are an important facet of any author’s publishing deal, and among the rights which should be specifically explained in the publishing contract. If the contract specifies “[Insert language] rights” the publisher is acquiring only the rights to the specified language or languages. An example of this is “English language rights” or “Spanish language rights.” Sometimes contracts also specify multiple languages (e.g. “English and Spanish rights”). When the contract is silent regarding language rights, the grant may be legally ambiguous – and that’s dangerous for the author. Generally speaking, the publisher will probably assume

To some, today’s publishing definition – “K is for Knowledge” – may seem like a detour from my traditional publishing posts. Look again. Without appropriate knowledge of the publishing industry a new author hasn’t got a chance. While writing a publishable book (or other creative work) comes first, sooner or later the author must learn enough about publishing as a business to make the decisions about the future of the author’s work and career. Those decisions must not be made without adequate knowledge. The Internet offers a wealth of information and educational materials for authors at every stage of every

Our A-to-Z journey through publishing legal terms hits a serious snag at the letter “J.” There just aren’t many publishing terms that land on this jewel of a consonant, and the ones that do don’t merit much discussion. That said, here are a few “j” terms you might see (though rarely) in the publishing world: The Jacket (aka “dust cover”) is the paper sleeve that fits over the outside of hardcover books. Many readers remove them, others preserve them carefully. I tend to pull mine off and set them aside to keep from tearing them while I read. Sometimes I

Do you know the difference between a “publisher” and an “imprint”? Many authors (and even more readers) don’t – and with good reason: in most situations that matter, the two are one and the same. An Imprint is a trade name used by a publishing house to publish and market certain types of books. Many large publishers own and operate multiple imprints, each targeted toward a specific genre and/or audience. For example, Macmillan owns St. Martin’s Press, which in turn operates the imprint “Thomas Dunne Books.” Imprints help readers find new books by publishing similar genres and titles. Harlequin publishes

In publishing contracts, “Retention” may have a number of definitions, but the most prevalent refers to the amount of royalties publishers can retain (or “hold back”) from payments otherwise due to the author for sales made in a given calendar period. Most royalty-paying publishing contracts allow the publisher to withhold or hold back a certain percentage of royalties due to the author to cover potential returns. This sum is known as “retention” or “royalties retained,” and the contract should specify both the amount of royalties the publisher can retain (5-10% is standard) and also the length of time the publisher

“Grant of rights” is the legal term for the rights given to the publisher by the author. The rights that accompany copyright ownership of a work are numerous and varied. Although some publishers may want universal grants of rights, in most cases authors will not give them all away in any one contract. The “grant of rights” specifies which of the author’s rights the publisher is acquiring and for how long. In a standard contract, there should be one paragraph addressing grants of rights, but additional rights provisions may lurk elsewhere in the agreement. Read carefully to ensure that you

When an author sells or licenses a creative work for third-party publication the publishing contract specifies which rights the publisher obtains. The agreement should also state that the author retains all rights not expressly given to someone else. (That is the legal presumption that governs in most cases, but it’s too important a concept to leave out.) Among the rights many publishers request are foreign rights, meaning the right to publish in countries other than the one where the publisher’s primary facilities are located. “Foreign rights” can be granted en masse or subdivided into smaller chunks. A contract which specifies

When a publisher obtains “exclusive” rights to publish, print, produce, distribute and/or sell a creative work, it means that no one else (including the author) has the right to use whichever rights the publisher has obtained on an exclusive basis. “Exclusive” and “Exclusivity” come from the word “exclude” – a verb meaning to deny, prevent or keep out. Publishers usually want (and require) exclusive rights to an author’s work. This makes good business sense. Publishers invest time and resources preparing a work for sale. Actual costs vary, but a work that appears in traditional printed form – and often e-books