TAA re-posts results of 1991 Author-Publisher Relations Survey

Editor's Note: As a result of recent discussions on the TAA Listserv regarding royalty rates, TAA has decided to re-post the results of a 1991 TAA Author-Publisher Relations Survey. Some wording has been changed.

Paul A. Anderson, chair of TAA's Committee on Working Relations and Contracts, has tabulated the results of a TAA Author-Publisher Relations Survey. The results are based on 120 returned questionnaires, representing approximately 15 percent of the membership. About 50 more questionnaires were received after the tabulation.

Fifty-two publishers were mentioned, many of them more than once, and 62 subject areas were represented. As to be expected, the texts mentioned were predominately college titles, because there are a great many more college than el-hi authors. The results of the committee's study are given in the table.

Fifty-five percent of the respondents said that they had co-authors, 45 percent said they did not. Six percent of respondents retain their copyright and 12 percent said that they used the services of an attorney or agent in negotiating a contract. Sixty-two percent said they were pleased with the marketing of their book, while 27 percent said they were not and there were mixed reactions in 11 percent of the responses. Fifty-five percent said that they participated in the marketing.

Royalty rates reported are shown in Table A. A weakness in the questionnaire makes it unclear how many of these are based on the net price of the book and how many on the list price.

There were many and varied responses as to the number of copies to be sold to trigger escalation.

A number of responses were received commenting on the value of using an attorney or agent in negotiating a contract. A few of them are listed here.

• Mike Lennie and TAA very helpful
• Helpful
• Vital
• Obtained excellent terms
• Immeasurable
• No, but I should have!
• Moderately helpful
• Helped well
• Greatly improved contract
• No value, he didn't understand book contracts
• Wish I had (3 responses)
• Too naïve (2 responses)
• Helped with small changes
• Paid $3 K. Only advised- do nothing- it's a standard contract
• Helped with confidence (in negotiations)
• Negotiated by Mike Lennie
• Much more fair to author. Also, I got the copyright.
• I can't praise Mr. Freeland enough. His support and understanding were and are invaluable. I recommend him to all possible or actual authors. He specializes in publishing.

The query "what contract clauses were you able to successfully negotiate?" brought these responses.

Responses listed in order of frequency:

Royalty	25
Advance-Grants	12
Expenses	3
None. Didn't know I could	3
Co-author agreements	2
Publishing date	1
Allowable costs for revisions	1
Student edition	1
Survivors clause	1
Copyright	1
Copyright reverts to author is not republished.	1
Index costs	1
Guarantee	1
None	1
Suckered into signing standard contract	1
Death contigency	1
Shifted all author expenses to publisher	1
Non-competition within publishing house	1
Next book rights	1
Art costs to publisher	1
Right of first refusal	1
10 pages beyond standard contract	1
See changes in attached contract, all either directly or indirectly inspired by information from TAA	1

Answers received to the question "What clauses or provisions would you have like to change, but could not negotiate successfully?" were these:

Responses listed in order of frequency:

Royalty rate	4
Translation rights	2
Escalating royalty rate	1
Competition clause	1
Revised editions clause	1
Larger co-author royalty for me	1
At least one revision or return of copyright	1
Amount of marketing	1
Acceptability clause	1
Co-author agreements	1
Wasn't smart enough to ask need info about this	1
Copyright to author	1
When to do revision	1
Permission payments	1
Say in design of cover and art	1
Control over subsequent editions and revisions	1
Costs	1
Advances	1

Numerous respondents made statements on various issues. Following are a few representative statements.

"Editors treat authors as hired hands. Contract too binding - - bordering on involuntary servitude for life. Publishers arbitrarily charge authors alteration charges (author's alteration) without explanation. Author cannot get out of the contract ever! Author has no way of knowing how many copies are really sold."

"I would also like authors to receive some regular monthly or quarterly statement of sales, even if payment is only made semiannually. For those of us who earn our primary income from texts, it is awkward to say the least not to know until opening the envelope how much you will have to live on for the next 6 months or a year. I have sometimes succeeded in talking my editor into reading me sales figures of her (or his) computer printouts every so often, but they clearly find it a nuisance to do this, and the information I get that way hasn't turned out to match the # of copies on which I am later paid. That is, the interim computer printout sales figures are usually higher than the # of sales for which I am later paid. When I have asked about this I am told that returns account for the difference, but since the computer print-outs already list returns and take those into account, I am not so sure. But even aside from the lack of consistency in the two sources of information, I'd very much like to have some regular accounting so that I will have some general notion how much I'm going to get paid at the next pay period."

"1st editor, 1st edition was a jewel - - worked well with me, and sought to be helpful in every way. I had a change and found 2nd editor a nightmare. He c/o other writers to me (bad taste/unprofessional), denied actions he took. I received no galleys, contributors were not given credit, title name was changed without letting me know (fortunately I was able to correct this), subheadings were incorrect - - an act approved by this editor and then he had the nerve to deny it. He was recalcitrant in responding to letters and even phone calls. Made writing a nightmare. His behavior drove me to hysterics and eventually a good law firm. Before 2nd edition, I talked to my lawyer and got some control and cooperation from this #%*&. I could go on and on, but this is enough."

"Title and cover changed at last minute without my approval. Editors changed at least 5 times during production leading to confusion, repetition, and mistakes. I am sick of this game where authors are only pawns."

"This contract was essentially a handshake agreement and has been conducted in a mutually beneficial manner through several editors, and three different owners."

"To get me to sign to write a third book, the publisher agreed to raise the royalty rte on my first book, which is selling very well. I am very grateful to TAA for providing me the impetus to get me to negotiate this third book contract. "Negotiating a Book Contract" was most helpful. Thanks!"

"Russia (USSR) was given the right to print and (translate) 35,000 copies with consideration of only $400 to me. This was legal according to the contract but was highly unfair considering royalties of that many copies would be about $100,000."

"I've never found contract dealings anything but pleasant and simple. I wouldn't deal with a publisher who was unreasonable."

"If I didn't have advance on first edition, book would have been downgraded from Class A (max promotion) to something lower."

"I researched contractual norms extensively, both through reading and personal contracts and I feel it paid off. Above all else, authors should arm themselves with information. Your survey should help immensely."

"This experience was unusual for me (very good). I've had lots of trouble with incompetent and/or dishonest publishers in the past."

"No problems" (Several such comments)

"Publisher changes author material without author consent or knowledge."

"Turnover in editorial staff." (Several more such comments)

"Sale or merger of publisher. Resultant author problems." (Several such comments)

"I have had an awful experience. There was a small clause in the contract that said that publisher would not pay for any art work exceeding $12,500. As this book is a World Regional Geography text, it has about 200 maps. The cost of making these maps exceeded $30,000. I did not remember the clause, and was not warned about it until the book was published. Now, the say I owe them (publisher) about $20,000 for artwork which they are taking out of royalties. I have not received a penny in royalty, and may never receive anything."

"Editor has had current job for 25 years. That is a real plus. He is also an effective huckster, has good marketing skills. Only interesting in bottom line, however."

"I'm glad TAA is doing this fact finding. If I could help in any not terribly time-consuming way, I'd be glad to try."