Take Your Time and Question Everything.
On Monday, I got the email that every author prays for. A publishing contract for my first novel. Man, was I elated. Jumping for joy is an understatement.
I printed off the contract and I took my time reading through it. I had done some research prior on literary contracts so knew a little. Anything I was unsure of, I highlighted and then went to the greatest tool an author has; Google.
It didn’t take long to see that some of the rights that the Publisher was demanding were the exact rights that both agents and publishers were advising not to give up or at least to gain something in return. There was also a great deal of confusion when it came to payment to the Author.
I admitted right there and then, that I needed help to fully understand what exactly I was getting myself into.
First thing I did was call a friend who had signed with this Publisher. Negotiation of the contract was not going to happen. It was take it or leave it.
I was fortunate to have a meeting the next day with my Writers Guild. I took the contract and spoke to a few of my writer friends. One in particular took a close look at the contract and pointed out a number of issues. Although both on the web site and in the Publisher’s email, it was pointed out that editing, cover design, publication and distribution was the responsibility of the publisher, which is normally is, the contract said otherwise. Buried deep in Clause #3 the following stated:
For all rights granted hereunder, the Publisher will pay the Author royalties on the basis of net revenues, defined as the total compensation received from sales of the Work to retailers less all book, editorial, production, distribution and accounting costs.
Dressed up as a regular publisher, this business was bogus. This is a vanity publisher that charges the author for preparing and publishing their book. The Author makes very little and with the contract lasting ten (10) years, there’s not much you can do to save your work once signed.
But it gets better.
I checked the Publisher on Absolute Write, a website that speaks to shady publishers and agents. There was a fair amount of information on this Publisher. Seems the huge distribution system that he boasts about does not exist and rather than print and distribute, he will only print on demand, so most of the book stores will never see the book unless they order through the publisher. Oh! Did I mention, any book sold through the Publisher’s website is sold without royalties to the Author.
So of course, I declined his offer. It broke my heart, but at least my work is safe for a REAL Publisher. So the waiting continues.
Lesson: Get someone that understands contracts to help you before you sign. Do your research and question everything.