Avoiding Dangers in Short Form Publishing Deals

Authors have many things to watch out for when evaluating a publishing deal, but one of the most common—and most serious—dangers is something the author doesn’t see: the vital clauses and protections that are often missing from “short-form” publishing contracts, ready to pounce on unsuspecting authors when something goes wrong in the publishing process: I’m guest posting at Writer Unboxed today, discussing these dangers in more detail, and offering some tips for authors who get a contract offer before they sign with an agent. Click here to learn how to spot, and avoid, the lurking dangers in short-form publishing deals.

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The Power – and Importance – of “No.”

Many authors spend years (in some cases, decades) developing craft and pursuing the dream of publication. Authors who wish to pursue traditional publication spend time and energy seeking an agent or publishing deal, and rejoice when the offer finally comes. However, all publishing offers (and offers of agency representation) are not equal – and a bad or predatory offer is worse than having no agent or publishing deal at all. As a publishing attorney, I often have to advise excited authors that the deals they’re offered are inappropriate (non-standard or predatory). This makes me sad. To be clear: I’m not advising authors to walk away

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How to Spot–and Avoid–Predatory “Pay to Play” Publishing Contracts

Scammers flourish in places where art and business intersect, because too many artists (including writers) don’t learn to protect themselves and their rights. The best way to protect yourself as an author is to learn as much as possible about the publishing industry, including how to identify the warning signs of predatory publishing deals. Today, we’re kicking off a mini-series on scam avoidance with a look at predatory “pay to play” publishing contracts. Industry standard publishing contracts: — Do not require the author to pay for anything up front, including publishing costs. — Do not allow the publisher to deduct the costs of publication from

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Negotiate Like a Pro (Part 2) – Preparing to Negotiate

Welcome back to the negotiation mini-series, here on the blog and on the Twitter #PubLaw feed. Last week’s post examined the difference between Zero-Sum and Mutual Benefit negotiation, and explained why it’s better to approach publishing contract negotiations (any negotiations, really) from a mutual-benefit point of view. Today we move on to preparation for a successful negotiation. SUCCESSFUL NEGOTIATIONS REQUIRE PLANNING Preparing to negotiate a publishing contract requires more than making a list of the terms you want (or hope to change). Approaching negotiations with a solid plan increases the likelihood of a successful outcome. Here are the steps to creating that solid plan: STEP 1: Read the

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What Does an Author Pay For?

New authors–and sometimes experienced ones–may be uncertain about which parts of the publishing process the author “normally” pays for. What the author pays for differs, depending on the publishing path the author chooses. Know the standards for your choice. Traditional Publishing: the Author pays the Publisher nothing. Under the traditional publishing model, the publisher pays all costs of publication, and the author pays nothing out-of-pocket. The best contracts contain “gross royalty” provisions, where the author’s royalties are based on the publisher’s gross receipts on sales. In a gross royalty scenario, the author receives a percentage of whatever the publisher receives on sales of the

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The Importance of Contracts: Ghost Writers and Freelance Writing

I’ve said it before, but it bears repeating: if you work as a ghost writer or a freelance author–or if you employ one–always, always, always get a contract in advance. Beginning a new project is exciting. It’s easy to fall into the trap of agreeing to write–or hiring a writer–and getting the article or manuscript started before you document the terms of the deal. Don’t make this mistake. In the beginning, the writing project seems exciting. Everyone is getting along, and the terms of the deal seem simple. The problem is, as time goes on, memories and relationships can change,

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Defining “Out of Print” in Publishing Contracts

“Out of print” status is important to authors (and publishers), because in most contracts out of print status triggers reversion of rights. Beware publishing contracts which don’t include a reversion of rights (or the right to revert on written notice) if the work goes out of print.  Also, beware publishing contracts which tie “out of print” status to anything but royalty-bearing sales of the work. Historically, Standard Contracts Tied “Out of Print” Status to Availability–But No Longer. Before ebooks, most publishing contracts tied out of print status to a novel’s “availability.” The book remained in print as long as it was “available”

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Get it in Writing: the Importance of Contracts

ALWAYS WORK WITH A CONTRACT As a general rule, U.S. law requires written agreements for publishing contracts and other assignments and long-term licenses of copyright. Two different laws require a writing: 1. The U.S. Copyright Act requires a writing for any transfer (complete or partial) of a copyright holder’s rights on an exclusive basis.  2. The “Statute of Frauds” (a commercial statute adopted in most states) requires a writing for any contract which cannot be completely performed within a year. Most importantly, good business sense requires a writing any time a writer grants any kind of permission for someone else

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Learning to Find the Middle Ground

I mentioned last week that part of effective negotiation is finding and proposing a middle position both parties can accept. Today we look more closely at how that’s done. Pretend that a publisher offers you 10% royalties on hardback sales (gross royalties on domestic sales) of your book. You, the author, would prefer a higher percentage, but you know that this number is close to industry standard. How do you meet in the middle? You might ask if the publisher would consider escalating royalties at different sales levels. For example, 10% on the first 5,000 copies, 12% on sales 5,001-10,000,

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Negotiation Step 3: Read the Contract

Step 1 to a successful negotiation is attitude: go in seeking a mutually beneficial solution. Step 2 is know thy business, and the publisher’s business too. Which brings us to Step 3: Read the Contract, and Understand Every Word. I’m always surprised when an author approaches me with a publishing problem and then admits to not having read the contract before (s)he signed it. The offered reasons vary, but at the end of the day they’re unimportant. A contract signatory is legally responsible for knowing what the document contains. Do not ever sign a contract – publishing or otherwise –

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