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Let's face it: when it comes to details, writers are notoriously sloppy. They're great for reading every single word they write twenty times over, but when it comes to reading, say, a contract, they're MIA.
That, of course, is one of the reasons writers have agents--to read, evaluate, and make revisions to publishing contracts. Unfortunately, not all writers are lucky enough to have found a good, reliable agent willing to take them on. For those who aren't, here are a couple of contractual things to watch out for before you place your John Hancock on the dotted line of that new publishing contract. |
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Copyright and Trademark. The publisher should take them out in your name. Always. Never agree to relinquish your rights to your work. Ever.
Manuscript Delivery. Check the due date to make sure it's realistic. If you think you may need more time, get an extension that's spelled out in the contract.
Corrections. Similarly, make sure the publisher is giving you enough time to go through the edited manuscript for any remaining typos or other changes. Some specify a two-week turnaround, but I've seen some publishers ask for the manuscript back within three or four days.
Author Promotion. Be sure that you're going to be available if and when you're called upon for book signings, public appearances, etc.
Author Advance. Whatever the publisher offers you, ask for more. Don't expect to get it all, but always ask. I usually recommend writers request double the advance amount offered and then work with the publisher from there. If the publisher offers you $10,000, ask for $20,000 and you'll likely end up with $12 or $13 thousand. Publishers expect authors to dicker over the advance. Just don't dicker yourself too far out onto a limb and then find out you can't climb back.
Royalties. Check the percentages of sales price for each book sold. For first-book authors, the average is 8% for the first 10,000 copies, 10% for the next 10,000 copies, and 12% for any copies sold at publisher discounts of 0 - 51%. For books sold at a deeper discount (greater than 52%), the author would received approximately half of the above percentage rates, or 4%, 5%, and 6% per book respectively. Other percentages may be enumerated as well (such as eBook sales), depending upon the publisher's sales conditions and terms.
Subsidiary Rights. For all other than North American book sales, you should receive approximately 50%. Subsidiary rights include such things as foreign editions; condensations; film, television, and stage adaptations; audio books; etc.
There are numerous other clauses covering various conditions included in the average publishing contract. If you don't understand any of them, ask the publisher for a written explanation. If that doesn't help, remember the best advice I can give you: see an attorney. Costly? Not nearly so much as getting into a bad deal from which you can't easily escape.
Until then...
Smoke if you got 'em.
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