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Negotiation Prep for Authors

Navigating Book Contracts, Agent Agreements, and More

Certain steps of the book publishing process can seem daunting to authors. Navigating the technical terrain of book contracts, agent agreements, and printing or distribution deals can make any author feel overwhelmed. And if you are new to publishing or have chosen to self-publish your books, these steps are all the more intimidating without the benefit of experience in your corner. How do you ensure that you are making the right choice, or getting the best deal? Learning to negotiate well is incredibly important for authors. By arming yourself with the proper knowledge and by approaching the contract with confidence, you can successfully negotiate the best terms for your book.

Why is the ability to negotiate so important? Negotiation is an inherent part of getting a book published; major decisions and steps along the publishing route require a discussion of the costs and terms until both involved parties can reach an agreement, ideally one that is mutually beneficial. And often, it is not just the money that is at stake, but also your artistic vision for your books. If you blindly sign away some of your creative control, you may find the book going down a direction entirely different than what you actually want. To help avoid this, we’ve created a quick guide to negotiating through some of the trickier steps in book publishing.

 

GENERAL STEPS TO PREPARE FOR ANY NEGOTIATION

Research. This is probably the most important step in any deal. Doing your homework is essential; in order to approach the negotiation with confidence, you must know what to expect and what to ask for.

  • Understand the negotiation process you are about to embark on. How does it typically progress? Who initiates what?
  • Learn the terms. Understand what you are negotiating for and how these terms will practically apply to your writing/publishing after the contract is signed.
  • Understand the other side’s position and goals. Knowing what they want allows you to position your own needs in a way that is mutually beneficial.
  • Research horror stories and what not to do. This can be daunting, but don’t let it shake your confidence. Understanding where others went wrong is a great way to identify what you need from a negotiation and how to avoid common pitfalls.
  • Reach out to authors in your network who may have gone through a similar negotiation process. They may have helpful tips and pointers.
  • Identify your top priorities vs. what terms you consider more negotiable. Once you understand the key points and terms to be negotiated, rank them in order of their importance to you. Your list may not be realistic, but it will help you determine what is most important to you and allow you to approach the negotiations with strategy.

 

BOOK CONTRACTS

You’ve written a great book. You found the perfect editor and the perfect cover designer, you mastered social media marketing and carved out your place in the blogosphere. And your hard work paid off – a traditional publisher wants to republish the book! As the euphoria dies down, the stress-inducing logistics of the book contract sneak in. Here’s what you should do before signing a book contract.

Research book contracts extensively. As stated above, this is the most crucial step in preparing to negotiate and negotiate well. Below are some of the most important terms and points to get familiar with, as well as some great articles that help to explain book contracts negotiations in-depth.

Key Terms to Understand:

  • Advances and royalties
  • Editing and approval
  • Grants of rights vs. secondary rights
  • Publication timeline and date

Required Reading:

Get professional advice. If you have spent huge quantities of time researching book contracts and the language is still confusing you, don’t hesitate to hire a professional to explain the contact and terms simply or even to do your negotiating for you. Publishing attorneys and literary agents are both helpful professionals to have in your corner, and each service particular needs in the book contract negotiation process. Agent and attorney Elaine English has an excellent post on Romance University about the difference between the two:

“Agents are generally more attuned to the business aspects of the contract – the advance, royalty rates, rights granted or retained, and the like. Attorneys, on the other hand, are focused on the legal language of the agreement and making sure that the author’s legal rights are protected to the fullest extent possible.”

Asking a lawyer to review your contract is an excellent way to ensure that you are getting a fair deal – if that lawyer has experience with book contracts. Legal documents are often very industry specific, and book publishing is no exception, so don’t ask that family friend in environmental law to give an expert opinion on your book contract. Luckily, there are plenty of publishing attorneys who specialize in building and reviewing book contracts for authors and publishers.

 

AGENT AGREEMENTS

Perhaps you have spent hours scouring agent lists for the best possible representative of your writing, and with the perfect query letter got an agent’s attention (more on how to do that here). Before you sign that agent agreement, read up on the following key terms and required reading to make sure you are getting the best representation possible.

Key Terms to Understand:

  • Subsidiary rights
  • Termination
  • Scope of representation/covered works
  • Commission

Required Reading:


Lauren White graduated from the University of Michigan with a degree in History and English. She is serving as Assistant Editor and Awards Account Manager at Independent Publisher. Please email her at lwhite [at] bookpublishing.com with any questions and comments.

 

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