Posted by Victoria Strauss for Writer Beware I've written before about termination
fees in publishing contracts: why they are bad not just for authors, but for publishers, and how publishers can abuse them.
Its evocation of the challenges for
authors in publishing contracts is couched in a document called Unfair Contracts: A Blueprint For Change from February 2014.
Literary agencies will usually have what's called an «Agent Clause»
inserted in your publishing contract, listing the agency and / or agent as the official «Agent - of - Record» for the deal, along with the appropriate literary agent commission and the agent's contact information.
In light of this new agency commission model where Amazon and Apple will no longer carry the product per se but have an agreement to sell titles via their site in exchange for a 30 % commission on the sale (see earlier post to get up to speed), suddenly agents need to re-examine the whole definition of net
receipts in publishing contracts.
If they hadn't, we'd never have clauses
in publishing contracts requiring authors to not publish with anyone else or tying up every form of the novel in whatever format or means available, even those not yet invented or imagined.
Many standard acceptance clauses
in publishing contracts allow the publisher to reject a manuscript based on nothing more than a whim, which undermines the very essence of the contract — that it is an agreement to publish a work, provided the work is written and delivered as agreed.
All
terms in a publishing contract can be negotiated, either by an agent or attorney familiar with the various options and between - the - line meaning of the boilerplate.
Manuel from Ogden, Utah No, on the contrary, publishing houses will often give you money up front (it is known as an advance payment against royalties) for the rights to publish your work, and you will also be entitled to royalties and other payments as
negotiated in your publishing contract.
Two weeks ago, on the Red River Writer's podcast, I was asked, what kind of advice I'd give to new authors and I answered, «Authors need to know what's
normal in a publishing contract.
And in fact, superstar authors typically receive advances so large they're designed not to be earned out, but function instead as a de facto higher - than - normal digital royalty rate (the technique is a way of evading the digital royalty «most favored customer» clauses that are
common in publishing contracts).
The brainchild of (the other) Jane Friedman and Manjula Martin, Scratch mixes in - depth interviews with reporting on the business side of writing, photo essays, helpful graphics, and even a series on understanding
clauses in publishing contracts.
That is the clause (or clauses)
in your publishing contract that tells you when you get your book back.
Book royalties are proceeds paid to authors based on a percentage agreed to
in the publishing contract.
Posted by Victoria Strauss for Writer Beware A few years ago, I blogged about early termination fees, a.k.a. kill fees,
in publishing contracts, and why they are not a good thing.
This goes a long way toward explaining ever more restrictive reversion and non-compete clauses
in publishing contracts.
Posted by Victoria Strauss for Writer BewareNOTE: This post has been updated.I harp a lot here on how important it is to read the fine print —
in your publishing contract, on websites that host user content, in literary contests.
Worse, a lot of NY authors actually have
in their publishing contracts that they are liable for getting rid of fan fiction done on their works.
Do you have option clauses
in your publishing contracts?
The reversion of rights is triggered by a clause
in a publishing contract.
A few years ago, I blogged about early termination fees, a.k.a. kill fees,
in publishing contracts, and why they are not a good thing.
In Publishing contracts: Three key things to watch out for, author and game designer Dave Morris is closer in his thinking to Geller's::
I look at some of the clauses coming out
in publishing contracts these days, and I think writers are getting screwed.