A: Michael
Lennie, Authoring Attorney and Literary Agent, Lennie Literary and Authors'
Attorneys:
"This
question is not compatible with a short answer other than to say a
contract should be taken very seriously. The publisher has had attorneys
prepare a contract that fulfills all of its wishes. You should avoid
the temptation to simply sign it. You should be prepared to negotiate
the contract, and should strongly consider seeking professional assistance."
A: Richard
Hull, TAA Executive Director:
"Consider
employing an agent, who you can attract with a book proposal. While
an agent will cost you a part of your royalties, he or she can be
well worth the price, due to superior contacts, helping refine a proposal
before presenting it to a publisher, and helping you with contract
negotiations."
A: Steve
Gillen, Authoring Attorney, Greenebaum Doll & McDonald PLLC, and
TAA Council member:
"You
have to do your homework. Negotiations are ultimately influenced by
which side knows the most about the other side's positions. The editor
starts this contest with an advantage gained from experience in the
market, experience doing other similar deals (undoubtedly many more
than you have done), and the benefits of your perspective as reflected
in your proposal. The way to get on an even footing with the editor/publisher
is to learn more about the publisher's plans for, and expectations
of, your work -- information that will help you evaluate your leverage
and the editor's weaknesses. Ask about these issues in the context
of negotiating a book contract and the editor will evade them, hedge,
or refuse to answer. Ask about them after the editor has indicated
an interest in your work but before you engage in active, contract-focused
negotiations -- in the context of learning more about the editor/publisher,
more about their list and their business, more about the market and
your potential competition -- and you may catch the editor still in
his or her selling mode. Ask them yourself, in person or over the
phone, (rather than through your lawyer) and you are more likely to
get candid responses. Negotiations may be formal and may be best handled
by your lawyer in order to preserve your relationship with your editor.
But information gathering will be most effective if you do it in person.
It may take some prodding, probing, wheedling, and cajoling, but the
information you gather will prove valuable, so make sure you takes
copious notes.
Determine what's
important to you. There is no one-size-fits-all solution. If you make
your living as a professional writer, then money issues will likely
be at the top of your list -- advances, grants, royalties, re-use
rights should be the focus of your attention. If, on the other hand,
you are an academic living by the "publish or perish" mantra and in
search of the inner peace that tenure will bring, then the money issues
may well take a back seat to ensuring that your work is actually published
-- on schedule and intact. If you are a professional of another sort
(doctor, lawyer, accountant, consultant) and you view the book not
so much as a revenue generator, but more as a promotional piece and
as your professional bona fides, then your principal focus may well
be on the non-compete provision and ensuring that it does not preclude
you from engaging in the kind of professional writing, speaking, and
consulting that does pay the bills. Keep your goals firmly in mind
as you review the clauses and the better/best alternatives that follow."
For more information
on negotiating a favorable book contract, see Gillen's "Contracts
& Permissions" handbook, which includes 10 tips & 20 questions
about book publishing contracts. Click
here for the PDF
