After some thought and research, Passive Guy has decided he will write a book about how not to get screwed in a book contract. The book will also discuss how to get unscrewed if you are already a screwee.
He’s looked at several books in this category and found some good information, but PG thinks he’ll bring a different viewpont to this subject.
For one thing, a lot of these books (maybe all) are written by publishing attorneys or agents. While they certainly have domain expertise, PG keeps seeing evidence that Publishing Capture (see his previous post) governs much of their advice. These authors often give the impression their recommendations are bounded by what will go over well with publishers, not necessarily what is best for the author. If, as an author, you’ll sign anything necessary to get a publisher, these folks will provide all you need.
As just one example, none of these experts seems to find the idea that a book contract should extend for the life of the copyright to be weird. Nobody addresses any practical issues involved in a contract lasting for over 100 years. As PG has said before and reiterated, he thinks this practice is bizarre. In the process of negotiating a publishing contract, PG would love to ask a publisher, “What are your marketing plans for this book in 2075? How do they differ from your plans for 2070? Will there be a special promotion for the year 3000?” But PG digresses.
Some chapters will expand on PG’s prior How to Read a Book Contract posts and others will be new.
As one example of something new, PG will include suggestions on how to break a book contract. He’ll also talk about methods of evading the consequences of some of the more onerous standard provisions included in book contracts. These chapters will include some potential litigation strategies and ideas about how an author might want to position him/herself to pursue those strategies.
PG hasn’t seen any evidence that authors of other contract advice books have ever seen the inside of a courtroom. This doesn’t make them bad people, but none that PG has read show evidence they understand how to use the “or else” aspect of a contract to resolve a dispute between an author and publisher.
What’s “or else?” It goes something like this, “Either you release me from my obligations under paragraph 18 or else I’m taking you to court.” Feel free to fill in your own paragraph number. PG will provide some ideas about how you might go to court on an author’s income.
While attorneys and agents may benefit from some aspects of his book, PG’s target audience is authors and would-be authors, including those who have already signed publishing contracts.
Understanding that snarkiness can get old in large quantities, he will tone it down a little, but the book’s snark quotient will be higher than zero.
So, here’s a question you can answer in the Comments or privately through the Contact page:
What topics would you like to see addressed in Passive Guy’s book? Your suggestions might include items not discussed in other books or subjects not properly explained elsewhere.
Ideas will be much appreciated.
Great idea! But I hope that you will still find enough time to keep up with your blog work. Otherwise, what should I do with my free time – start reading books?
I’ll work to keep the blog running and relevant, Stefan, but it is easier to do a blog post than write a book.
Could you also include a chapter on how to find an IP lawyer to negotiate the contract for you?
Also, will there be a POD version of the ebook? I definitely want a physical copy to make notes on!
Rebecca – I’ll definitely include suggestions on how to find an IP lawyer. I am planning a POD version as well.
Something on sub-licenses would be good, too – when your publisher creates a contract with a third party for said party to exploit some rights you gave the publisher (eg sells the rights to make an audiobook), and how to decipher who’s responsible to what and when once those come into play, and how the author can prevent terrible third-party contracts from happening.
Sofie – Sublicenses are on the list. I saw a contract recently that could cost an author a lot of money via the sublicense clause.
A wonderful idea! I can’t wait to read it!
There are so many things we authors need to be aware of. A list of the top ten most common gotchas would be great. Also, please make sure to cover rights and terms. Contract length terms in particular, but after re-reading that last sentence, I realize a general glossary of terms would also be invaluable! For example, what all is implied when the publisher says the work is “work for hire,” even when there is a specific contract term-length?
Mercy
Mercy – Thanks for your suggestions.
be sure to do a comparison showing how a standard ‘legacy’ publisher’s contract compares in practice to self-e-publishing in practice. royalty rates and payment schedules, author control of finished product, subsidiary rights, all that good sh-.., er, stuff.
elaine
Elaine – Excellent idea.
PG,
One thing I would like to see is a breakdown of what are the “red line” contract areas that a publisher would never budge on, e.g. an author retaining e-rights, and what are the “Maginot Line” areas where a publisher will cave straight away.
Also, a section on general tactics, the gambits they will employ, how to combat them, and how to turn them to your advantage, e.g. the appropriate response when a publisher asks you to take your e-book off the market before negotiations begin.
Dave
Gambits and tactics will definitely be there, David.
Sign me up for the first copy. I’ll put it on my shelf next to my most used references, like my thesaurus and dictionary.
Thanks, Peggy. It sounds like Passive Guy will be in distinguished company on your bookshelf.
One other thing: You might do a chapter exploring whether the things lowly authors are told never get put in a contract really don’t get put in contracts — such as promotion, cover art, binding, timing. I got burned badly on verbal promises versus reality after being told such things couldn’t go into a contract.
And a second good idea, Patricia. Thanks.
I’d like to see the Three Boilerplate Paragraphs Publishers Expect Agents to Remove From Contracts. (Or four, or ten, or twenty…whatever the number is.)
I’d also like to see a definition of terms that may look innocent in a contract, but which are income-killers if not altered. For me it was the term “special sales” that I didn’t bother (nor did my agent) to get defined before I sold my first book. Turned out “special sales” were book club sales to schools. Bulk buys like that were paying significantly lower royalties than regular retail copies. Never crossed my mind that there were book clubs (listed as an item in the contract), and then there were school book clubs (special sales). The publisher saw them as different animals.
Patricia – Excellent ideas. Defined terms (or undefined terms) are a wonderful hiding place for gotchas.
You might include a bare-bones lesson on copyrigh. I know it was easier to understand my own book contracts once I finally grogged basic copyright. And if writers don’t understand what they are selling, they aren’t going to understand their contracts and certainly not going to get a lot of what you might be trying to teach them about better negotiating and fighting a bad contract. Luck!
Loren – Thanks for the confirmation about the need for a copyright chapter.
Good idea! I expect you’ll need to release new editions a couple times a year (at least) to keep up with the changes. One request: find suitable beta readers to make sure you’ve dummied down and/or defined all law lingo. I have trouble following your articles at times.
Marie – One of the advantages of self-pubbing is that it will be easy to update. Thanks for the heads-up on beta readers.
Should you happen to want to start a Kickstarter or similar project for this so I can get in early, let me know.
DeAnna – Interesting idea. I hadn’t thought about Kickstarter.
Ditto on what DeAnna said about Kickstarter. This is a project that REALLY needs to be done considering how many authors need this kind of contract knowledge. I look forward to buying your book for myself and as a gift for writer friends.
L.M. – I’m warming up to Kickstarter, but need to do a little research first. Thanks for the encouragement.
PG, no matter what you choose to do (i.e. Kickstarter or no Kickstarter), I’ll be snatching that contracts book up as soon as it goes live, and urging fellow writers to get it as well.
Thanks, L.M.
Really great idea!
Thanks, Stephany.
Not having gotten involved in icky contracts (yet), I wouldn’t know what to ask for. My only request is that you publish the book under the name “Passive Guy”. That would rock.
Scott – Your author name request is noted.
John Locke says in his “How to”, his target audience (and pricing math) is 700,000 self-pub authors. Throw in the pure Legacy bunch and his marketing suggestions,,, when is this coming out? Me thinks PG will have *ample* funds for a tropical isle winter.
Three cheers, can’t wait. -Steve
SL – I’ll throw a big party on the tropical island and invite everybody who helped out.
It’s about time! I’ll put it on my list of books to buy.
Thanks, Jean.
Great idea.
I presume the plan is to self-publish it. However, if some publisher does make you an offer you can’t refuse, it would be a cool if you printed your actual publishing contract in the book, and broke it down clause by clause.
Then, PG, the circle would be complete.
David – I do plan to self-publish.
However, if I could negotiate a 7-figure advance, that would be one of the best advertisements possible for the book. I love your idea of putting the publishing contract in the book.
Dude! Count me in as first in line to buy this book. I can’t think of a better person to write it. One thing I think would be really valuable is any advice you can give on how a writer can position him or herself during negotiation that gives them the most leverage to make specific demands land in their favor, as well as any way you can see to prioritize demands, knowing that there’s a good chance all of a writer’s desired contract changes can’t be met. i.e. how we can trick the tricksters into getting what’s most fair.
Mark – Thanks for the encouragement. I’ve copied and pasted your suggested topic to use as I structure the book.
Great idea! Glad you’re going to do this. And will you be writing under your superhero name, or your Bruce Wayne?
Robin – Passive Guy may be more famous than Bruce Wayne by now. The author’s name will be a pure marketing decision.
Advice on how to choose an attorney should you (cod forbid) need to go to court would be helpful. I have only had to hire an attorney once (not career-related), and there was a lot of anxiety when it came to selecting the right person for the job. Fortunately, we chose well, but some guidance in that area would be awesome.
Allyson – Good suggestion. It’s on the list.