Welcome back to the negotiation mini-series! Last week we took a look at how to create a pre-negotiation plan. To re-cap: — Read the contract; make a list of points you’d like to change. — Prioritize your list into deal breakers, important points, and “things to ask for.” — Consider the publisher’s potential responses to your requests. — Adjust your list, and strategy, to address potential publisher concerns. Now, let’s look at tips for increasing your chances of success in an actual publishing contract negotiation*: Publishers, like flies, prefer honey to vinegar: Be Polite. No matter how the negotiation opens, proceeds, or finishes,
Read morepublishing contracts
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
Read moreThe Importance of Lawyers & Agents in Publishing Contracts
Years ago, authors wanting to publish novels really had only one viable option: find a literary agent and sign with a traditional publishing house. Self-publishing “existed” many years ago, but it didn’t have the legitimacy that it has for many authors today. The publishing world has opened up in many exciting ways, offering authors and readers more options than ever before. Unfortunately, publishing’s widening options also provide new opportunities for scammers, & the “well-meaning inexperienced.” The changes in publishing also mean the industry standards are in a state of flux. Some contract terms agents and attorneys accepted even two years ago are
Read more5 Things To Watch for in Publishing Option Clauses
Most publishing contracts include not only a grant of rights to publish the work the contract governs but also an “option clause” giving the publisher rights of first refusal to consider the author’s next work(s) of fiction. Carefully tailored option clauses are beneficial to authors as well as publishers, but authors need to ensure the option doesn’t overreach or bind them inappropriately. Appropriately-drafted option clauses have three important features: 1. The option governs the author’s next book length work in the same series or next book-length work in the same genre only. 2. The option gives the publisher a right to review the work and to
Read moreTying “Out of Print” Status to Sales
Older publishing contracts typically stated that a work was “in print” as long as it remained “available through standard retail channels.” Tying “in print” status to availability worked fine in the pre-ebook world, because all “available” books were in physical formats. However, in the ebook context, language tying in-print status to availability means that a book will never go out of print. A publisher could simply leave the ebook available for sale through Amazon (or other sources) and it would remain “available” forever.
Read moreAvoiding Ambiguity in Publishing Contracts
Today’s post takes a look at the importance of avoiding ambiguity in publishing contracts. Many times, authors praise a publishing contract for being “short” or “easy to read” – but many dangers lurk in shortened or ambiguous contracts. 1. Short-form contracts may be missing important terms. Which ones? Many times, authors don’t know, because they don’t know what to expect. 2. Legalese is difficult to read, but read it anyway, and get help with anything you don’t understand. Many times, authors agree to terms they don’t intend because they didn’t understand the language in the contract. Don’t do this! If the language is
Read moreMandatory Marketing Contracts – Vanity by a Different Name
Recently, I’ve seen an increase in publishing contracts which look like “traditional deals” at first glance, but contain a decidedly non-traditional element: a mandatory marketing contract. Under this sort of deal, the publisher offers a royalty-based publishing contract, usually with no advance, but requires the author to sign a marketing contract also. The mandatory marketing contract requires the author to pay for expensive marketing services at the time of signing. Sometimes, the marketing contract is with the publisher itself (or its marketing arm) – and sometimes it’s with an affiliated company. Either one is sketchy. In some cases, these “mandatory marketing agreements”
Read moreKnowing When to Run
Today’s post takes a cue from The Gambler ((I’m a child of the ’70s, what can I say) and points out that in publishing, as in cards, you need to know when to walk away…and know when to run. As the publishing landscape changes and the number of small publishers expands, it’s important for authors to learn about standard contract terms–and common pitfalls. Many times, authors become so excited about receiving a publishing contract–the sought-after deal–that they forget to use business sense before signing. While it’s not always possible for an inexperienced author to spot all the problems in a contract,
Read moreShow Me … the Contract.
Many people use the holiday season as a chance to focus on the important things in life–the basics. Today’s post is taking a cue from that idea, and focusing on one of the critical aspects of protecting your rights as an author: the publishing contract. In life, we enter into many verbal contracts. Some are legally binding. Some are not. The law dictates which types of contracts can (and cannot) be verbal. Generally speaking, publishing contracts need to be in writing — and smart authors ALWAYS get the deal in writing. By law, most contracts which cannot be completed within one year must be
Read moreNegotiating “Acceptance” of a Creative Work
Traditional publishing contracts typically contain a paragraph called “Acceptance” (or sometimes, “Delivery and Acceptance”) which details the timing and conditions that govern the publisher’s acceptance (or rejection) of a manuscript after delivery. Many authors are surprised to learn that contracts contain an “out” for the publisher after delivery–but it makes sense in the context of the publishing deal as a whole. Today, we’ll take a look at how to negotiate and understand that “acceptance” paragraph in the context of a publishing deal. We’ll also look at some ways to help ensure your manuscript doesn’t run afoul of the publisher’s acceptance provisions. Publishers generally
Read more