Book Publishing Royalties Contract
What is a Book Publishing Agreement?
By Brian Scott
A book publishing agreement is a document or contract that a writer signs with a publisher before their work can be put into print and distributed in different media. Getting such a book contract is probably on every author’s wish list.
Not all clauses in such contracts may work out to your advantage. You cannot rely on your agent to make all decisions, especially if you are placing your own rights at stake. Fully understanding your publishing agreement will ensure you remain in control with your endeavors.
1. RIGHTS
First, look for what rights belong to you in your contract. Examine the clauses closely instead of skimming through them. If you have any doubts, do not hesitate to consult a lawyer or your agent or publisher.
Standard publishing agreements usually forces the author to assign or license all printing rights to the publisher. Subsidiary rights — such as foreign sales, book clubs, film, audio — are usually included. Except for the rights to printing, you can negotiate all of these rights.
Retain as many secondary rights as possible. After all, you never know when you’ll get a better deal from a different publisher for film and foreign sales. If you retain such subsidiary rights, you will gain financially more, of course.
2. ROYALTIES
Closely examine the royalties in your contract, especially if you plan to make a living from your writing. Royalties are always a negotiable clause.
The rate of your royalties is a sliding price point and depends if your book is hardcover, paperback, trade paperback, or a combination. The book’s genre — nonfiction, fiction or professional textbook — will also determine prices and percentages for royalties.
Understand the implications of the different formulas for pricing (retail price, invoice price or net receipts) so you can understand the proposed royalty rates. If the publisher retains subsidiary rights, all net receipts should be split equally with you, the author.
At this point, don’t hesitate to consult an expert if you are confused. Do not rely too much on the publisher’s generosity, and always be wise in dealing with the financial aspects of your transactions.
3. COMPENSATIONS AND WARRANTIES
These types of clauses in your contract are often legal-heavy. In fact, many authors, agents and editors may not always have a full grasp of what they include in them.
These paragraphs state the respective responsibilities of each party, including what claims they can make against the book, such as defamation, invasion of privacy or copyright infringement.
Aside from the publisher’s lawyers, you should appoint your own legal council to peruse the terms and conditions. Have a lawyer carefully examine your contract to ensure full protection.
4. OPTION CLAUSES
Some clauses in your contract may grant the publisher rights to either make an offer or buy your next book. Do not accept such option clauses. If you cannot remove such an option clause entirely, then negotiate so it doesn’t impose a real burden on you.
One way to negotiate such option clauses is to establish a limited period in which the publisher can bid on your next book, and permits you to sell your next book to a different publisher who offers a better deal.
5. REVISIONS AND UPDATED EDITIONS
Clauses on revisions only apply to nonfiction books. Make sure your contract allows you to update your contract if your publisher revises your contract extensively. Also make sure your contract contains a clause that places a cap on how often the publisher requires you to revise your book over a certain period of time.
6. OUT OF PRINT CLAUSES
In the worst-case scenario, your book may not become successful under your current publishing company and they may lose interest. If this happens, your contract grants you the rights to your book, and you can re-publish it with another publisher.
Make sure the contract clearly defines the “out-of-print” terms. Ideally, your book becomes “out-of-print” when the publisher’s catalog no longer lists your book, or your publisher withdraws your book from major book chains.
Remember to be smart in dealing with the legal aspects of your publishing agreement. Never hesitate to ask for professional legal help when you need to understand any part of your contract. Your decisions here will determine the success of your writing career as a book author.
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There is a self publisher who will publish your ms for around $3.99 + postage. This is the cost of your proof copy.
However, there is no editing, proofreading or formatting done at all – they publish exactly what you send them. So before even thinking about self-publishing make sure your ms is completely free of errors and it is in the correct format.
With this self publisher your finished book will be on Amazon within two weeks after publication.
Need Help with Book Publishing?
Ive written few Manscripts which I want to be published into a book..
I heard about Lulu.com but there are down points of that i.e. u cant sell much online unless your famous..
i also contacted agents but been rejected many times.. what shall i do?
i did get contract with one agent but i don’t know as they asked me to get my book critique
anyways please recommend whats best choice for me… any good online publishing? which will charge for royalties after and have the book published for me not only online but sell in store also
How would I go about getting a book published?
Expert opinions requested please!
I have long thought about writing and getting a book published, but I have some niggling questions I’m hoping someone can answer, preferably by someone who has gone through the process already.
1. Once the manuscript is written, do I have to copyright my intellectual property to prevent plagiarism, and if so, how do I do this? Is this done before or after it has been approved by the publisher?
2. Can I use a pseudonym and will I have to register it in the same manner as above?
3. How long do royalties take to be paid if the book sells successfully?
4. Do book publishers ask for the author to enter into any binding contract, ie, “you must produce three books a year for five years?” and will they ask ME for any money?
5. How much creative control do you get? Going on what happens in the film industry, with tales of scriptwriters being removed from their own projects, I was wondering whether the publishing industry has the same issues?
6. Will I get a say in what the book cover will look like?
Any help would be much appreciated. Please do not direct me to any publishing websites, I have gone through loads, and read conflicting things 🙂
Many thanks in advance!
What would you give up to be published? (Publishing Scenario)?
** This is long, so bear with me ** I want to know what you would do in this publishing scenario. How much are you willing to give up to realize your publishing dream?
Lets say that you wrote a book. That book was somewhat unique and the writing was passable. A major publisher, lets say Random House – they’re the largest in the industry – offered you a book deal. Now, they’re offering to publish your book if you give them all rights (not copyright, obviously). They want global rights (most USA authors give up North American rights. Global means they can publish it around the world and this isn’t in the author’s best interest), Lifetime rights (they own publishing rights until you die), ebook rights, audio rights, merchandise rights, film/tv rights, (most of these rights the author usually keep). You also give them first rights of refusal for the next two books (this means they get to offer before another publisher, this is in some pub contracts and you can reject the offer). They’re also offering you a $1,000 advance for the book and 8% royalties.
So, you might be thinking this is enough. Now, lets say that you’ve been trying to break into publishing for the last 8 years. You’ve written a total of 10 books. The first 3 were so bad that you didn’t even submit them. The last 7 you’ve submitted but were rejected at every turn. You’ve submitted your last book and this is the only publisher that is offering you a deal because all the other publishers rejected you and you don’t stand a chance with a literary agent. The editor lets you know that they’re taking a HUGE risk on your book and she had to convince the committee to buy it and these are the terms of the contract and they’re non-negotiable.
And, for the sake of argument, lets say that you met the Random House editor on the elevator at a writer’s conference and you did a one minute pitch for you book and she invited you to send her the full manuscript and that’s how you were made the offer. (It really does happen, lol, it’s called the Elevator Pitch).
So, what would you do? Would you accept this contract that is obviously not in your best interest? Would you tell them no thanks even if it means that it might take you another 10 years before you next offer? – and there’s the possibility that that offer will never come. Do you take the deal so that you can at least break into publishing and hope that you become super successful and that might make it worth it – I mean, you can always forget about that bad book deal and focus on all the new books you plan to write and get a standard contract for them, right?
What say you? Remember, being a published author is your dream.
Just a side note: by giving up all these rights, you’re still getting royalties. You’re giving the publisher the right to negotiate on your half and you get royalties on the deal – including TV/movie and foreign rights – but you have no say in the actual negotiations – some publishers aren’t equipped to negotiate these kinds of rights so they might reject all offers or make a bad deal on your behalf, and this is why authors keep most of those rights, so they can negotiate them themselves.
What are a writer’s legal rights if a product they wrote for a book doesn’t get used, but the writer was paid?
OK, I contributed 100+ page chapter to a nonfiction wellness reference book commissioned by a professional association. I was paid a (very) basic commission, but there was also the understanding of a share of royalties once the book was on the market. Now over 3 years later, they have yet to publish the book. My contract says I cannot use anything out of that work… which I put a LOT of time and effort into… that it is the association’s property. If they never publish the book (or continue to delay it for the foreseeable future), do I have any legal recourse in using that material since I’m not getting complete reimbursement for my work?
Thanks for your thoughts.
As The Z said, you sold them the copyright. You no longer have any control over how that work is used, except as is set out in your contract with them. Unless the contract says they’ll publish the book by a certain date, and says what happens if they don’t, you’re out of luck.
You *might* have a case that they’ve failed to hold up their end of the bargain, and they should pay you some form of compensation for the royalties you didn’t get, or assign the copyright back to you. There may be a trade union or professional association where you live that represents writers. It might be worth talking to them, or failing that, a lawyer, to see what your options are.
I have been there, done that:
1. You have a de-facto copyright when you write the book. You do not need to register your copyright.
2. You do not have to use a pseudonym. The only writers who do are usually those who write in more than one genre and do not want to confuse their fans.
3. Royalties are usually paid quarterly, but can vary from company to company.
4. You may receive a multi-book deal if you’re lucky, but they are less common for new writers and they can’t force you into anything. If you do sign a multi-book deal and fail to deliver the subsequent manuscript(s), you may be asked to return the advance on the missing book(s).
***You NEVER pay anyone else for anything. Yog’s Law: Money Flows Toward the Writer.***
5. You have final and complete control over the content of your novel. They may decline to publish it at the end of the day if you refuse to make changes they request, but they cannot change your book without your cooperation. Note, the same cannot be said for your cover, your title, and the blurb on the back.
6. You may. All is negotiable.
Best of luck.
I’ve just emailed you with some details of a couple of good illustrators I know that’ll hopefully help you out.
I certainly wouldn’t take any notice of what Elaine M has said here because it’s utter rot.
Like you, I’ve been in the book writing game for many years and know my way around the block and also know that if your publishing contract is a joint one for both you and your illustrator together no publisher is going to foot the bill for a replacement illustrator for you.
I do wish people who answer these questions would keep their fingers away from the keyboard when they haven’t got a clue of what their talking about as Elaine M obviously hasn’t.
She’s probably never seen a book publishing contract, let alone been signed up to one.
Need help from children’s book illustrator urgently?
Hi,
I am a children’s book author that worked with a very good children’s book illustrator until she passed away a few months ago from a brain tumor which now has me in a bit of a bind because I have a book publishing contract for two books of the same series that I wrote.
Now I have to find another good quality illustrator that enjoys working on animal watercolour paintings or pastels urgently.
The books will be published in Australia by a very good book publishing house there, but will be for sale all over the world.
The agreement I had with the illustrator who died was in writing to the effect that we would share all royalty payments from both books on a 50/50% basis, half for me, and half for the illustrator.
There was talk of earning money from other merchandise that used artwork from these books on top of the book royalties as well, so there is a very good chance to earn quite a lot of money from it all over the next few years as I will be writing more books in the same book series as these two books are about and would want to keep on working with the same illustrator if we work well together.
If you think you are good enough to do this sort of work and are interested in such a deal please contact me asap and give me some details about yourself and what you’ve done in the past.
Hope to hear from you soon.
Sorry, almost forgot to give contact details, you can email me at:
beatty1931@yahoo.com
It’s quite obvious that I know far more than you do about it all Elaine, I’ve been doing this sort of work for nearly 40 years and have always worked on a 50/50% deal out of my royalities. The publisher doesn’t pay the artist as a one off deal, they rarely do those sorts of things.
Oh dear lord…
That really bites.
I think I’d reject the offer. As much as I’d like my work to be published (and trust me, I know how it feels), I’d want more credit than that.