Comments on: Do Authors Actually Read Publishing Contracts? http://www.thebookdesigner.com/2009/12/do-authors-actually-read-publishing-contracts/?utm_source=rss&utm_medium=rss&utm_campaign=do-authors-actually-read-publishing-contracts Practical Advice to Help Self-Publishers Build Better Books Wed, 08 Feb 2012 21:15:00 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: David G. Mitchell http://www.thebookdesigner.com/2009/12/do-authors-actually-read-publishing-contracts/#comment-462 David G. Mitchell Wed, 16 Dec 2009 20:40:51 +0000 http://www.thebookdesigner.com/?p=2973#comment-462 Thanks! In response to your query, I have experience in publishing. I worked for many years for Harcourt and then for Thomson. Thanks!

In response to your query, I have experience in publishing. I worked for many years for Harcourt and then for Thomson.

]]> By: admin http://www.thebookdesigner.com/2009/12/do-authors-actually-read-publishing-contracts/#comment-461 admin Wed, 16 Dec 2009 20:19:37 +0000 http://www.thebookdesigner.com/?p=2973#comment-461 David, thanks for a very useful comment. I was trying to imply that people should get professional assistance, so your input is right on target and I'm sure many people will be interested in what you have to say. Particularly when it comes to publishing agreements, authors need to be very wary about exactly what they are signing away, since potentially the rights involved can be tied up for decades. David, do you specialize in media law or publishing? David, thanks for a very useful comment. I was trying to imply that people should get professional assistance, so your input is right on target and I’m sure many people will be interested in what you have to say. Particularly when it comes to publishing agreements, authors need to be very wary about exactly what they are signing away, since potentially the rights involved can be tied up for decades. David, do you specialize in media law or publishing?

]]> By: David G. Mitchell http://www.thebookdesigner.com/2009/12/do-authors-actually-read-publishing-contracts/#comment-457 David G. Mitchell Wed, 16 Dec 2009 03:24:55 +0000 http://www.thebookdesigner.com/?p=2973#comment-457 You make some interesting points but the most important is that before signing away rights, it is generally advisable to get an experienced attorney to review the agreement. That is true not only for publishing agreements but all agreements that we sign. If you look closely at the agreements that you sign when you purchase products in the store or via a website, you will likely find that you are agreeing to things to which you might not have expected to agree. It is not always practical or cost-effective to hire an attorney, but it is the best way to understand what is presented. Also, keep in mind that sometimes a party will not have any leverage to negotiate many changes to an agreement. That is often the case with a first time author, or one who is self-publishing. Even then, it is a good idea to seek legal review, just to ensure that the agreement is understood before it is signed. If an author has any leverage in the negotiation, or if the editor or publisher representing the publishing house is amenable to negotiating terms, authors might consider seeking a reversion of any rights that the publisher fails to exploit. For example, rather than try to limit the publisher's rights to publish in certain media, an author might seek a reversion of those rights if the publisher fails to exploit them (measured in the royalties to the author) within two years or for any twelve month period thereafter. Discussion with an experienced attorney can usually result in negotiation points that the author will appreciate, but that has to be recognized as a double-edged sword since (i) legal fees will add up, and (ii) the publisher may still not want to take the time to negotiate. For that matter, if an author is receiving a small advance or no advance, legal fees can easily exceed the amount of the advance or even the full amount of royalties. Fees should be discussed and established with legal counsel before the lawyer is engaged. I need to add (since I am a lawyer), that no one should consider this post legal advice. I am merely making a general commentary that does not necessarily apply to any specific situations that any of your readers may face. Also, this post does not create an attorney-client relationship with anyone. You make some interesting points but the most important is that before signing away rights, it is generally advisable to get an experienced attorney to review the agreement. That is true not only for publishing agreements but all agreements that we sign. If you look closely at the agreements that you sign when you purchase products in the store or via a website, you will likely find that you are agreeing to things to which you might not have expected to agree. It is not always practical or cost-effective to hire an attorney, but it is the best way to understand what is presented.

Also, keep in mind that sometimes a party will not have any leverage to negotiate many changes to an agreement. That is often the case with a first time author, or one who is self-publishing. Even then, it is a good idea to seek legal review, just to ensure that the agreement is understood before it is signed.

If an author has any leverage in the negotiation, or if the editor or publisher representing the publishing house is amenable to negotiating terms, authors might consider seeking a reversion of any rights that the publisher fails to exploit. For example, rather than try to limit the publisher’s rights to publish in certain media, an author might seek a reversion of those rights if the publisher fails to exploit them (measured in the royalties to the author) within two years or for any twelve month period thereafter.

Discussion with an experienced attorney can usually result in negotiation points that the author will appreciate, but that has to be recognized as a double-edged sword since (i) legal fees will add up, and (ii) the publisher may still not want to take the time to negotiate. For that matter, if an author is receiving a small advance or no advance, legal fees can easily exceed the amount of the advance or even the full amount of royalties. Fees should be discussed and established with legal counsel before the lawyer is engaged.

I need to add (since I am a lawyer), that no one should consider this post legal advice. I am merely making a general commentary that does not necessarily apply to any specific situations that any of your readers may face. Also, this post does not create an attorney-client relationship with anyone.

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