Gonna Write a Book about Book Contracts

This content has been archived. It may no longer be accurate or relevant.

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.