Defining A Publishing Agreement

A publishing agreement is a document or contract that a writer signs with a publishing firm before their work can be put into print and distributed in different media. Getting such a contract is probably on every writers wish list.

However, not all clauses included in such contracts may always work out to your advantage as a writer. Keep in mind that you cannot just rely all the decision-making to your agent, especially if you are placing your own rights at stake. And so, being aware of the content of your publishing agreement would be a wise move to make sure that you remain in control with your endeavors.

Rights

The first thing that you must look for in your contract is what rights are left for you. Make sure that you examine the clauses closely instead of merely skimming through them. And if you have any doubts, do not hesitate to consult a lawyer or even your agent or publisher.

Standard publishing agreements usually provide that the author assigns or licenses all printing rights to the publisher. Subsidiary rights such as foreign sales, book clubs, film, audio, and so on are also usually included. Except for the rights to printing, all of these can be negotiable, that is if you are good at bargaining.

It would be wise for you to try and retain as many secondary rights as you possibly can. After all, you never know when you'll get a better deal for such markets as film and foreign sales that is independent of your publishing firm. And if you are able to retain such subsidiary rights, you might be able to gain more from this.

Royalties

Of course, royalties is another very essential segment to examine in your contract, especially if you plan to make a living out of your art. Remember that this is always a negotiable clause.

The rate of your royalties will basically be sliding and will depend whether your book is hardcover, paperback or trade paperback. The type of books nonfiction, fiction or professional textbooks- will also be vital to determine the prices and percentages for royalties.

It is also important to understand the implications of the different formulas for pricing (retail price, invoice price or net receipts) for you to be able to understand proposed royalty rates. If the publisher retains subsidiary rights, all net receipts should be split equally with you, as the author.

And again, at this point, never hesitate to consult an expert if you are confused. Do not rely too much on the generosity of the publisher as well, and always be wise in dealing with the financial aspects of your transactions.

Compensations And Warranties

These types of clauses in your contract may often be very legal-heavy. In fact, many authors, agents and editors may not always have a full grasp of what is included in them.

What these paragraphs actually state the respective responsibilities of each of the parties concerned in such events wherein claims may be made against the book, such as defamation, invasion of privacy or copyright infringement.

Aside from the publishers lawyers, it is important to have your own legal council to go over the terms and conditions covered in these clauses. Have your contract carefully examined and make sure that your interests are given much importance.

Option Clauses

Some clauses in your contract may give the publisher rights to either make an offer or even buy your next book. It is best that you do not accept such option clauses. However, if you cannot remove such an option clause entirely, then negotiate to at least make sure that it would not impose real burden on you.

One way to negotiate such option clauses can be by setting up a limited period in which the publisher can bid on your next book, and by permitting you to sell the your work to other publishers if a higher offer is made.

Revisions And Updated Editions

Clauses on revisions and updating can only apply to nonfiction books. Make sure that your contract allows you to get a new contract and more money if revisions that have been made have become so extensive (as if your book has become an entirely new one). Also make sure that the clause places a cap on the quantity of revisions that can be made in a certain period of time.

Out Of Print Clauses

In the worst-case scenario, your book may not become successful under the management of your publisher and their firm may lose interest on it. But it is important that if ever this happens, you would be able to get the rights to your book, and have it republished.

Make sure that the out of print terms are reasonably defined. Ideally, when the book is no longer included in your publishers catalog, or has been withdrawn from major book chains, it may be considered out of print

Remember that you must be smart in dealing with the legal aspects of your publishing agreement. After all, this will become vital in determining how your career as a writer will go about. And never hesitate to ask for professional legal help when it comes to trying to understand your contracts content. You will see how this will benefit you and your best interests at hand.