Contracts

How Book Advances Work in Traditional Publishing, and How Much Authors Can Expect to Receive

Greg Victoroff, Esq. — Fri, 17 Mar 2023 16:42:52 GMT

Current Revision posted to Contracts by Greg Victoroff, Esq. on 3/17/2023 4:42:52 PM

When negotiating a publishing deal with a traditional publishing house, authors are offered an "advance". If you don't have agent representation or an agent you can consult, it's wise to have a knowledgeable attorney that can help negotiate this contract. Per attorney Greg Victoroff, the advance is a chuck of money that the publisher will pay the author upfront if they sign the contract. It's often based on a projection of the first 6 to 12 months of sales. It's meant to help cover the author's costs of living or finishing the book. Well-known, successful authors can be paid a significant amount of money up front, but if you are a first time or unknown author, it will be much less. One important thing to know about an advance is that the author does not earn any royalties on the sale of the book until the book has earned back that advance amount in royalties. For example, if I were to receive a $10,000 advance with a royalty rate that works out to $1 per book sold, you would have to sell 10,000 books to pay off your advance.

www.authorlearningcenter.com/.../HowBookAdvancesWorkinTraditionalPublishingandHowMuchAuthorsCanExpecttoReceive.mp4

Tags: fiction, Nonfiction, video

The Importance of Understanding How Book Sales and Categories are Tracked

Angela Marie Hutchinson — Mon, 06 Feb 2023 16:59:30 GMT

Current Revision posted to Contracts by Angela Marie Hutchinson on 2/6/2023 4:59:30 PM

When publishing a book, it's important to understand that the various distribution channels for selling books may track sales differently. They may also treat book genres and categories differently. These are two areas of publishing where author Angela Marie Hutchinson wishes she had researched more before publishing her nonfiction self-help book, "Create Your Yes: When You Keep Hearing No: A 12-Step Strategy for Success".

With the publishing and distribution process, Hutchinson learned that not all book sales are created equal when bestseller lists are compiled. She also discovered online retailers such as Amazon rank sales largely based on a book's categories and sub-categories, and that putting your book in the more niche categories can greatly improve your book's rankings.

www.authorlearningcenter.com/.../TheImportanceofUnderstandingHowBookSalesandCategoriesareTracked.mp4

Tags: fiction, Nonfiction, Subscriber, video

The Importance of Understanding How Book Sales and Categories are Tracked

Angela Marie Hutchinson — Fri, 03 Feb 2023 21:12:14 GMT

Revision 1 posted to Contracts by Angela Marie Hutchinson on 2/3/2023 9:12:14 PM

There are two things that author Angela Marie Hutchinson wishes she had learned more about before publishing her book: how books sales are tracked in the industry, and how book categories work.

www.authorlearningcenter.com/.../TheImportanceofUnderstandingHowBookSalesandCategoriesareTracked.mp4

Tags: fiction, Nonfiction, Subscriber, video

The Importance of a Literary Agent in Negotiating a Publishing Contract

Claire Gerus — Mon, 16 Sep 2019 17:34:42 GMT

Current Revision posted to Contracts by Claire Gerus on 9/16/2019 5:34:42 PM

An author should always show a publishing contract to an experienced agent before signing, advises literary agent and book development consultant Claire Gerus. Even if the author secures a contract without an agent, the next best step is to get in contact with one. Agents know how to negotiate contracts and decipher the murky language publishers sometimes use. A lawyer may also need to be brought in, and an agent will be able to make that call. When negotiating a contract, literary agents can advise an author through the advance payment and rights agreements. They will fight for the author to get the most rights he or she can procure.

www.authorlearningcenter.com/.../TheImportanceofaLiteraryAgentinNegotiatingaPublishingContract.mp4

Tags: fiction, Nonfiction, Subscriber, video

Advice for Authors Entering Into Their First Publishing Contract

Steve Hutson — Mon, 12 Aug 2019 12:47:31 GMT

Current Revision posted to Contracts by Steve Hutson on 8/12/2019 12:47:31 PM

Publishing contracts can be confusing and intimidating, especially for first time authors. How do you make sure you're getting a fair deal? By working with a professional that knows how publishing contracts work. This may be a literary agent or attorney. First time authors don't have a lot of bargaining power, says literary agent Steve Hutson, but if you know what you're doing you can negotiate a better deal. Hutson has never seen a publishing contract that he can't improve for an author, whether that's through a higher royalty, higher advance, or by holding back certain rights.

www.authorlearningcenter.com/.../AdviceforAuthorsEnteringIntoTheirFirstPublishingContract.mp4

Tags: fiction, Nonfiction, video

Advice for Authors Entering Into Their First Publishing Contract

Author Learning Center — Mon, 12 Aug 2019 12:40:28 GMT

Revision 1 posted to Contracts by Author Learning Center on 8/12/2019 12:40:28 PM

www.authorlearningcenter.com/.../AdviceforAuthorsEnteringIntoTheirFirstPublishingContract.mp4

Tags: fiction, Nonfiction, video

Publishing Advice - podcast

Brent M. Gallenberger — Fri, 19 May 2017 09:47:57 GMT

Current Revision posted to Contracts by Brent M. Gallenberger on 5/19/2017 9:47:57 AM

Brent Gallenberger, senior marketing manager at Rodale Press, offers some perspective on successfully working with publishing houses, including the editor, publicist, and marketing department.

www.authorlearningcenter.com/.../PodcastATEBrentGallenbergerPublishingAdvice.mp3

Tags: fiction, Nonfiction, Subscriber, podcast

Publishing Advice - video

Brent M. Gallenberger — Fri, 19 May 2017 09:47:00 GMT

Current Revision posted to Contracts by Brent M. Gallenberger on 5/19/2017 9:47:00 AM

Brent Gallenberger, senior marketing manager at Rodale Press, offers some perspective on successfully working with publishing houses, including the editor, publicist, and marketing department.

www.authorlearningcenter.com/.../BrentGallenbergerPublishingAdvice.mp4

Tags: fiction, Nonfiction, Subscriber, video

Considerations for Negotiating a Contract - video

Stephanie Golden — Mon, 17 Apr 2017 12:33:30 GMT

Current Revision posted to Contracts by Stephanie Golden on 4/17/2017 12:33:30 PM

Author Stephanie Golden defines three critical elements for negotiating a writing contract, including payment amount and structure, scope of work and responsibilities, communication, and final approvals. If you are interested in working with another writer, such as ghost writing or collaborative writing of a book, you will want to hear this interview. www.authorlearningcenter.com/.../StephanieGoldenConsiderationsforNegotiatingaContract.mp4

Tags: fiction, Nonfiction, video

Considerations for Negotiating a Contract - podcast

Stephanie Golden — Mon, 17 Apr 2017 12:33:27 GMT

Current Revision posted to Contracts by Stephanie Golden on 4/17/2017 12:33:27 PM

Tags: fiction, Nonfiction, podcast

Tips for Finding a Publishing Attorney - article

R.J. Lee — Fri, 03 Mar 2017 16:12:19 GMT

Current Revision posted to Contracts by R.J. Lee on 3/3/2017 4:12:19 PM

You may or may not actually need a publishing attorney. But if you get into a dispute with your publisher, your agent, or another author for example, a publishing attorney will come in handy. If you’re sued for copyright infringement or you want to sue someone for stealing your work, you will definitely need an attorney who specializes in all things publishing. And, lawsuits aside, if you just need someone to help you with coming to contract terms with a publisher, a publishing attorney is essential.

But what about your agent? Isn’t he or she your advocate? Doesn’t he or she know the ropes well enough to serve you without engaging a possibly expensive legal eagle? The answer is a resounding “No.” With the advent of eBooks and the decline of traditional sales channels, the world of publishing is changing so rapidly that there are times when an expert whose sole responsibility is to you, the client, is advisable.

How do you find a publishing attorney? Like just about everything else today, a good way to find a publishing attorney is to do some online research. Bookmarket.com is just one of many useful sites. Just Google “publishing attorney” and a host of options will come up.

Of course, with any search for a service professional of any kind, it’s good to ask people you know. Do any of your friends or colleagues use a publishing attorney? Do they know someone who does or has, and can they give you a referral? It’s always better and safer to work with someone who has been referred by a trusted friend or colleague. Check with your writing group, experts at conferences, and local legal referral services. If you want to get really granular, you can subscribe to Lexis/Nexis and search their legal directory, Martindale-Hubbell, which features peer and client reviews. However, there is no magic bullet. In the end, it’s up to you to check out an attorney before you hire him or her. Who has he or she represented? From where did he or she receive a juris doctor degree? Is his firm noted for representing authors? Can he or she provide you with references? And, of course, are his or her fees within your budget?

Finding a service professional is never easy. But you’ll be on your way to success if you remember the basics: determine if you actually need one, identify potential candidates, research the attorney candidates to ensure he or she meets your requirements and is qualified, and work within your budget.

Tags: article, fiction, Nonfiction

Demystifying the Publishing Contract - podcast

Shelley Rogers Landes — Fri, 03 Mar 2017 13:40:03 GMT

Current Revision posted to Contracts by Shelley Rogers Landes on 3/3/2017 1:40:03 PM

When you're pursuing a traditional publishing contract, you may wonder exactly what you can expect from a publisher. Usually, the responsibilities of the author and publisher are clearly stated in a contract. The publisher promises to take care of certain aspects of publishing, and the author is expected to take care of others. So, is marketing included in a book contract? Marketing expert Shelley Rogers Landes helps to answer this question and clarify whether or not a full marketing plan is typically included in traditional publishing contracts. She says that years ago, each author had a dedicated marketing and publicity manager, and the whole marketing plan was created by the publisher. But those days are gone. Publishing companies try to provide some marketing support, but they expect the author to play a role too. For example, traditional publishers may set up social media for authors and give them brief tutorials, but it’s then up to the authors to do the work of making connections, updating blogs, posting on Facebook, and so on. These days, publishers expect authors to act as their own marketing managers.

www.authorlearningcenter.com/.../ASIALCATEShelleyRogersLandesDemystifyingthePublishingContract031411.mp3

Tags: fiction, Nonfiction, podcast

Demystifying the Publishing Contract - article

Shelley Rogers Landes — Fri, 03 Mar 2017 13:35:42 GMT

Current Revision posted to Contracts by Shelley Rogers Landes on 3/3/2017 1:35:42 PM

If you manage to get a contract with a traditional publisher, that’s a great accomplishment; about 250,000 books are traditionally published each year, whereas about 770,000 are self published. So if you ever are approached by a traditional publisher, you should definitely consider what they have to offer. But what kind of marketing support can you expect from the publisher?

Usually, the responsibilities of the author and publisher are clearly stated in a contract. The publisher will promise to take care of certain aspects of publishing, and the author will be expected to take care of others. Even five years ago, each author used to get a dedicated marketing manager and publicity manager, and the whole marketing plan was created by the publisher. Those days are gone.

One of the reasons for that is technological change. We can now read books from our phones and iPads and Kindles, which is great, but traditional publishers have struggled to maintain revenue streams as these changes have occurred. A book that used to sell for thirty dollars as a hard cover now sells for $8.99 as an e-book. The result is that publishers are suffering significant losses in revenue. Unfortunately, major publishers have had to cut staffing in order to make up the shortfall. They don’t want to give up quality control, so for the most part they haven’t cut down on editors and designers, the people who put the content into the book in an attractive way and make sure it’s perfect. But they have cut down on marketing people.

Publishing companies will still probably try to provide some marketing support, but they’re going to expect the author to play a role too. For example, I’ve heard of traditional publishers setting up social media for authors and then giving them brief tutorials, but it’s then up to the authors to do the work of making connections, updating blogs, posting on Facebook, and so on. They are expecting authors to act as their own marketing managers.

I’ve heard self-published authors say they don’t want to spend money on marketing, because they think once they’re picked up by a traditional publisher someone will do that work for them. But that’s simply not the case any more. In fact, although I work primarily with self-published authors, some traditionally published authors have come to us for help with marketing because they weren’t getting the support they had hoped for from traditional publishers. These authors already have traditional publishing deals, but they want the help we can offer when it comes to identifying target audiences and getting exposure.

Tags: article, fiction, Nonfiction

Demystifying the Publishing Contract - video

Shelley Rogers Landes — Fri, 03 Mar 2017 13:35:32 GMT

Current Revision posted to Contracts by Shelley Rogers Landes on 3/3/2017 1:35:32 PM

www.authorlearningcenter.com/.../ALCATEShelleyRogersLandesDemystifyingthePublishingContract031411.mp4

Tags: fiction, Nonfiction, video

How Do Publishing Houses Handle Subsidiary Rights? - article

Judy Klein — Sun, 26 Feb 2017 10:12:36 GMT

Current Revision posted to Contracts by Judy Klein on 2/26/2017 10:12:36 AM

At a publishing house, there is a department devoted to subsidiary rights and foreign rights, and it is the job of the directors and managers in that department to keep their lines of communication open with the rest of the industry. They meet with book editors at other publishing companies. They meet with editors at magazines. They meet with movie scouts and scouts for foreign publishers (a lot of publishers around the world keep someone in New York). They work with agencies to stay informed about what is coming out and what books are getting what reviews and what is selling particularly well. Why is everyone buying vampire books, for example, and why are books on sailing suddenly working better than they did before?

There are always trends, and the publishers want to keep on top of that, so people in subrights, travel to conferences and large conventions all over the world. There’s one in London called the London Book Fair and another in Frankfurt called the Frankfurt Book Fair. These fairs aren’t open to the entire world; they’re places where agents and publishers meet to talk about books they have coming up and what rights are still available. If you’ve signed a contract with an agent or publisher, you want to make sure they’re talking about you, and you should give them any information you have that will help—the fact that you’ve won some awards or been asked to take over the Junior League in your home town can make a difference. It’s the job of subrights people and agents to know what the trends are and then fit information about your book into those trends. They should know where a book about vampires is likely to sell particularly well or where to find a market for a book about yoga and meditation, for example—and that means keeping track of what’s happening around the world.

Tags: article, fiction, Nonfiction

How Do Publishing Houses Handle Subsidiary Rights? - podcast

Judy Klein — Sun, 26 Feb 2017 10:11:42 GMT

Current Revision posted to Contracts by Judy Klein on 2/26/2017 10:11:42 AM

Understanding the sale of your book rights is critical. In this interview, Judy Klein, rights consultant, reviews the way subsidiary rights in publishing work, and how publishers keep up on trends. At a publishing house, there is a department devoted to subsidiary rights and foreign rights. It's the job of the directors and managers in that department to keep their lines of communication open with the rest of the industry, including other publishing companies, magazine editors, movie scouts, and foreign publishers. They work with agencies to stay informed about what is coming out, what books are getting reviews, and what is selling. There are always trends, and the publishers want to keep on top of that. So, people in subrights travel to conferences and large conventions all over the world. If you’ve signed a contract with an agent or publisher, you should give them any information you have that might help sell your book's subsidiary rights.

www.authorlearningcenter.com/.../ALCATEJudyKleinHowDoPublishingHousesHandleSubsidiaryRightsrevised.mp3

Tags: fiction, Nonfiction, podcast

The People You Meet: Publishing House Relationships - article

Judy Klein — Sun, 26 Feb 2017 10:08:28 GMT

Current Revision posted to Contracts by Judy Klein on 2/26/2017 10:08:28 AM

Everyone’s relationship with their editor is different. You get to know your editor, because you work most closely with them, and in many publishing houses, if you have the opportunity to promote your book, you’re going to get to know a publicist. It might be a publicist who actually works at the publishing house, or it might be a publicist who was hired to work specifically for your book. You may also develop a relationship with the person who sends you reviews or the person who helps book a tour across the United States for you. You will probably not get to know many people in the sales department. Their job is to be out there selling the book, but if they have a big investment in you and want you to do something—such as polishing up on your interviewing skills or learning how to be mediagenic—you’ll get to know them too. You won’t necessarily get to know your rights person off the bat, but if a deal is coming through, then any self-respecting rights person I know is going to talk to the editor about the deal and ask whether they should be in touch with you directly. So, you may very well wind up working with your rights person, and at the least, you’re going

Tags: article, fiction, Nonfiction

What to Look for in a Publishing Contract - article

Dana Newman — Sat, 25 Feb 2017 11:15:39 GMT

Current Revision posted to Contracts by Dana Newman on 2/25/2017 11:15:39 AM

It’s important to understand that the relationship between author and publisher is a business relationship. As in any business relationship, the key to ensuring that everything goes smoothly is to spell out everyone’s expectations clearly in advance.

So what should you be looking for when you peruse your contract? One of the key things to think about is rights. Which rights are you granting to the publisher? Are you granting print rights only, or are you also granting subsidiary rights, such as rights to foreign versions of the book and e-book editions? What about multimedia merchandising? You want to understand exactly what rights you’re granting and in which territories you’re granting them.

Royalties, of course, are also a major issue to negotiate with the publisher. Are you being paid based on the book’s list price or on net revenue? And how long is the contract going to last? Does the publisher have an option on any of your future works? Traditional publishing contracts usually cover the life of the work. There are some smaller companies that are changing that model by going with shorter term contracts that have to be renegotiated after a set number of years. You also want to make sure that the percentage your agent will receive conforms to industry standards. Usually that’s around 15 percent plus 20 percent for foreign rights.

Finally, you want to see a termination provision in the contract so that both parties have a way out if they’re not happy with the relationship. Make sure the contract spells out what happens to the works that particular agent represented for you. Will their interest carry through, or will it end after a certain period of time? You’re entering into a relationship, and all relationships do end eventually one way or another. When that happens, you want the contract to spell out very clearly where everyone stands. For example, you may want to include an agreement that neither party will make negative comments about the other once the business relationship has ended. That can give you some reassurance that there won’t be any negative fallout when both sides decide to move on.

Tags: article, fiction, Nonfiction

How Much Do Traditional Publishers Pay in Advance? - podcast

BJ Robbins — Sun, 19 Feb 2017 13:35:14 GMT

Current Revision posted to Contracts by BJ Robbins on 2/19/2017 1:35:14 PM

Publishing a book has many different motivators. You may be driven to publish in order to help others with your message, share your story, or support your business. But even when writing is your passion, you still need to pay the bills. So, how much do book publishers pay in advance? Literary agent B.J. Robbins discusses the state of advances in today’s publishing market. She says that advances from traditional publishers can range from incredibly low to astonishingly high. It depends on how enthusiastic the publisher is about the book, how it’s been pitched to them, and what the author is bringing to the table. In fact, there’s so much variation that it’s almost meaningless to speak of an average range. It could be as low as five thousand dollars or even lower. It could be as high as seven figures—although that’s very rare. Most advances are less than a hundred thousand dollars. The likely size of an advance for a particular book is something that’s almost impossible to predict.

www.authorlearningcenter.com/.../ASIALCATEBJRobbinsHowMuchtoTraditionalPublisherPayinAdvance.mp3

Tags: fiction, Nonfiction, podcast

How Much Do Traditional Publishers Pay in Advance? - video

BJ Robbins — Sun, 19 Feb 2017 13:35:02 GMT

Current Revision posted to Contracts by BJ Robbins on 2/19/2017 1:35:02 PM

www.authorlearningcenter.com/.../ALCATEBJRobbinsHowMuchDoTraditionalPublishersPayinAdvance.mp4

Tags: fiction, Nonfiction, video