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Tips
and tricks for negotiating your first contract
The most important
things to negotiate in a first contract are the amount of the advance,
the royalty rate and who will control which rights, said Jeff Herman,
owner of the Herman Literary Agency in New York.
Keep in mind when
negotiating the advance how the publisher calculates it, Herman said:
"It will tell you how far they're willing to go." To calculate how much
of an advance it will offer, the publisher looks at the number of books
it will sell during the first year and the dollar amount the author
will receive per copy. For example, if the author will receive $2 per
copy, and the publisher will sell 10,000 copies the first year, the
author will earn $20,000 in royalties. That $20,000, he said, is the
highest the publisher will be willing to go in negotiating the advance.
"The publisher
will generally low-ball you, especially if you have an agent, because
it will assume that the agent will negotiate what is offered," Herman
said. "If the author is negotiating the advance, the initial offer will
be closer to their limit."
Steve Gillen, a
publishing attorney, said authors need to decide what goals they want
to achieve when going into a contract negotiation. "If your goal is
to make money, your focus in the contract negotiation will be on royalties,
grants, etc.," said Gillen. "If your goal is on the writing, your focus
will be on getting the manuscript published."
Authors should
make a list of what is important to them, said Gillen, and take that
to the publisher when they negotiate the contract. "The first stage
in negotiations is a lot about getting information," he said. "Ask a
lot of questions."
Those questions,
he said, need to be asked by the author, not the lawyer or the agent.
The reason for this is that editors are less cautious around the author,
he said, and can sometimes get answers that the editor wouldn't give
otherwise. Some questions to ask:
- "I said in my proposal that the market is this big -- do you think
I was on target?" This will help you get some sense of what the
publisher thinks of your market size. "What kind of market penetration do you get with new books? This
will tell you something about what he thinks the book will sell
in the marketplace. "How many units does a book like mine have to sell to break even?"
If it doesn't match with the target margin, said Gillen, "they're
not being straight with you." "How would you price my book?" This will give you the total sales
number based on the price of the book.
- "Which books do you view as competitors of mine?" Find out how
much those books cost and this will determine what the cost of your
book will be.
A great way to
get more of what authors want in a contract is to shop the manuscript
to more than one publisher at a time, said Gillen. Get two or more to
compete with each other for the manuscript, he said: "Leverage is a
powerful tool in getting what you want in a contract negotiation."
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