{"id":875,"date":"2007-08-06T14:57:06","date_gmt":"2007-08-06T19:57:06","guid":{"rendered":"http:\/\/www.sequence-inc.com\/fraudfiles\/2007\/08\/06\/book-publishing-negotiating-the-contract\/"},"modified":"2007-09-18T13:05:37","modified_gmt":"2007-09-18T18:05:37","slug":"book-publishing-negotiating-the-contract","status":"publish","type":"post","link":"https:\/\/www.sequenceinc.com\/fraudfiles\/book-publishing-negotiating-the-contract\/","title":{"rendered":"Book Publishing: Negotiating the contract"},"content":{"rendered":"<p>After a couple of weeks of other topics, I&#8217;m back to continue my series on how I got my book deal and what I&#8217;ve learned about getting a book published.<\/p>\n<p>It came time to negotiate my contract with Wiley, and I was happy that I had an experienced attorney to help. <a href=\"http:\/\/oreilly.com\/oreilly\/author\/ch03.html\">So You Want to Write a Book<\/a> has a great page about <a href=\"http:\/\/oreilly.com\/oreilly\/author\/ch03.html\">negotiating a contract<\/a>. It speaks specifically about their contracts with writers, but gives some good baseline information that others can use.<\/p>\n<p>It was important for me to work with an attorney because this was my first book contract. I had no idea what should or shouldn&#8217;t be in it, and what I should expect in terms of money. The attorney had experience with these contracts, and knew what to expect.<\/p>\n<p>Here are some of the most important parts of the contract:<!--more--><\/p>\n<ul>\n<li>Copyright &#8211; This is where we agree that I am granting Wiley exclusive rights to the book during the &#8220;full term of copyright and all extensions therof.&#8221; Essentially, the copyright is owned by me, and I&#8217;m giving Wiley the right to use the material per our contract.<\/li>\n<li>Word count and deadlines &#8211; Publishers do not play around with deadlines. They&#8217;ve got some serious behind-the-scenes work to do in addition to marketing the book, and they are fanatical about their deadlines.<\/li>\n<li>Format of manuscript &#8211; There are lots of details on how the manuscript is supposed to be formatted, but it seems to me that these are really outdated. All I&#8217;ve had to do is submit my chapters as Word documents, and Wiley has changed the formatting to fit their specifications.<\/li>\n<li>Changes to the manuscript &#8211; This part details how and when Wiley can suggest changes to the manuscript and how I should respond. If I refuse, they don&#8217;t publish the book.<\/li>\n<li>Royalties &#8211; This might be the most important part of the contract. Not only is the percentage important, but it is also important to note what the percentage is paid upon &#8211; gross, or net. So You Want to Write a Book <a href=\"http:\/\/oreilly.com\/oreilly\/author\/ch03.html\">pays royalties<\/a> on <strong>net income <\/strong>they receive from the book. That means the writer doesn&#8217;t get paid until after all expenses are paid for. Where is the publisher&#8217;s incentive to keep costs down when the writer has to eat part of them? On the other hand, my contract with Wiley pays royalties on the <strong>gross income<\/strong> from the book. This is much easier and much more lucrative for the writer. The royalty is calculated as a percentage of the money the publisher gets from distributors.<\/li>\n<li>Escalating Royalties &#8211; My attorney asked for an increasing royalty percentage if the book sold more than X copies, and Wiley agreed. So if the book does well, I&#8217;ll earn an even higher rate.<\/li>\n<li>Payments to Author &#8211; This section sets forth exactly when royalties will be paid, and for what periods they will be paid. We also asked for a clause that gives us a right to examine the publisher&#8217;s royalty records at our request. This is important in case there is a dispute about what I&#8217;ve been paid.<\/li>\n<li>Author&#8217;s Copies &#8211; This part details how many &#8220;free&#8221; copies of the book I&#8217;ll be given, and my discounted rate for purchasing books above and beyond this.<\/li>\n<li>Termination &#8211; There are rules to the publishing game if either party wishes to terminate the contract. Make sure your attorney looks at those carefully to see that your rights are protected..<\/li>\n<\/ul>\n<p>The contract then goes on to detail the future rights and responsibilities of both parties. I am not allowed to write any &#8220;competing works&#8221; without Wiley&#8217;s prior consent. I already had another project in the works at the time we finalized this contract, so Wiley gave me explicit permission to complete that project. But beyond that, I can&#8217;t do any other books on fraud for other publishers while I&#8217;m under contract with Wiley.<\/p>\n<p>I am also bound by an &#8220;option&#8221; provision in the contract. Basically, Wiley has the first right of refusal on my next book. I cannot do a proposal for any other publisher without offering the book to Wiley first. Wiley has a good track record of doing multiple books with authors, so this clause is no surprise. They want to develop authors, rather than just do one book with an author.<\/p>\n<p>Next Up: Finalizing the contract, writing schedule, and other publishing details.  <a href=\"http:\/\/technorati.com\/tag\/tracy\" rel=\"tag\"><\/a> <a href=\"http:\/\/technorati.com\/tag\/coenen\" rel=\"tag\"><\/a> <a href=\"http:\/\/technorati.com\/tag\/tracy+coenen\" rel=\"tag\"><\/a><a href=\"http:\/\/technorati.com\/tag\/tracy+l+coenen\" rel=\"tag\"><\/a>  <a href=\"http:\/\/technorati.com\/tag\/fraud\" rel=\"tag\"><\/a>  <a href=\"http:\/\/technorati.com\/tag\/sequence\" rel=\"tag\"><\/a> <a href=\"http:\/\/technorati.com\/tag\/sequenceinc\" rel=\"tag\"><\/a> <a href=\"http:\/\/technorati.com\/tag\/fraud+essentials\" rel=\"tag\"><\/a> <a href=\"http:\/\/technorati.com\/tag\/corporate+fraud\" rel=\"tag\"><\/a> <a href=\"http:\/\/technorati.com\/tag\/essentials+of+fraud\" rel=\"tag\"><\/a><a href=\"http:\/\/technorati.com\/tag\/essentials+of+corporate+fraud\" rel=\"tag\"><\/a> <a href=\"http:\/\/technorati.com\/tag\/tracy+coenen+book\" rel=\"tag\"><\/a> <a href=\"http:\/\/technorati.com\/tag\/tracy+coenens+book\" rel=\"tag\"><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>After a couple of weeks of other topics, I&#8217;m back to continue my series on how I got my book deal and what I&#8217;ve learned about getting a book published. It came time to negotiate my contract with Wiley, and [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[6],"tags":[],"class_list":["post-875","post","type-post","status-publish","format-standard","hentry","category-writing-blogging"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p6Z0e-e7","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.sequenceinc.com\/fraudfiles\/wp-json\/wp\/v2\/posts\/875","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.sequenceinc.com\/fraudfiles\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.sequenceinc.com\/fraudfiles\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.sequenceinc.com\/fraudfiles\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.sequenceinc.com\/fraudfiles\/wp-json\/wp\/v2\/comments?post=875"}],"version-history":[{"count":0,"href":"https:\/\/www.sequenceinc.com\/fraudfiles\/wp-json\/wp\/v2\/posts\/875\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.sequenceinc.com\/fraudfiles\/wp-json\/wp\/v2\/media?parent=875"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.sequenceinc.com\/fraudfiles\/wp-json\/wp\/v2\/categories?post=875"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.sequenceinc.com\/fraudfiles\/wp-json\/wp\/v2\/tags?post=875"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}