I was talking to my agent the other day, and she mentioned a couple of debut books she had just placed with a new independent publisher--one a novel, and the other a memoir.  Nice job, I told her.  Especially placing the memoir.  Not an easy thing to do these days, unless your name just happens to rhyme with Will Blinton.

She went on to tell me how the sale nearly fell through when the editor sent out a boilerplate contract for her review.  "It was absolutely the worst contract I had ever seen," she recalled.  "It was something I could not advise a client to sign.  Not without major changes." 

Naturally, she told her two clients about the offer, as well as about the shortcomings of the contract.  And then she asked the editor if she could make a few suggestions for improvement.  She said fine and then rejected every single one.

My agent told her authors that, in the end, the decision to accept the offer and contract was theirs, although she highly advised against doing so.  Fortunately, they took her advice.

Several months later, that same editor approached my agent with a newly revised, revamped, and greatly improved contract.  Although not perfect, it at least offered the minimum amount of protection a publishing contract should provide for both parties.

Bottom line: Two new debut authors will be entering the world shortly.  And both couldn't be happier.

The lesson to learn in all of this is not to be too eager to accept the first offer for publication to come along.  Have the contract reviewed by someone who knows what he's doing, and don't be afraid to negotiate with the editor.  If an editor likes a property enough to offer a contract on it, he's going to like it enough to bend a little--or, as in the case above, a lot--on some of the details.

What's that old adage in sales?  You can always come down in price, but you can never go up.  Once you've made a commitment, or the editor has, you're pretty much locked in.  So, think about that before you sign on the dotted line!

In the meantime...

Smoke if you got 'em.

NOTE: All material on this site is copyright protected.  No portion of this material may be copied or reproduced, either electronically,  mechanically, or by any other means, for resale or distribution without the written consent of the author.  All copy has been dated and registered with the American Society of Authors and Writers.  Copyright 2012 by the American Society of Authors and Writers.