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How to Tell a Good Contract From a Bad One
You’ve written your book and you want to get it published so you go and get yourself signed up for a publishing house. Great stuff; the reward for all your hard work, especially when that contract lands on your desk. But wait a minute; at first glance, it might seem like a fantastic contract but is it? You may be new to all this but you don’t have to take the first offer. Contracts for publishing are varied and it’s very easy for a new author to fall for the lure of having a contract but are you signing your potential career as an author away? Before you sign, there are three main things that you need to look out for in your contract – three flags that will give away whether you have a good or a bad contract:
Are There Any Typos In The Contract?
Any contract is binding and, legally, once you sign it, you are bound by the terms. Check for typing errors – is your book title or name spelled correctly? Is the date correct? Are there any other glaring errors? This kind of thing should never slip through with a respected publisher; ask yourself – if this got through, how thorough will the proofreading be when it comes to editing your work and promoting it?
Are There Any Unfair Options Clauses?
Options clauses are the one part of your contract that you can negotiate and, if you have an agent, they should make sure that these options are limited fairly. For example, if your debut launch doesn’t go very well you might think about looking for a new publisher. In that case, having a 60-day limit on the option for a new book or on the time that the publisher needs to make decisions can be to your advantage. You may want to have a limit in place for what you need to submit for an option to be considered, perhaps a book synopsis and the first two chapters and not the entire book. These are the sorts of things to look out for – if it looks unfair it probably is and ending up with non-negotiable options is a big no-no.
Is Your Reversion Of Rights Clearly Written?
Reversion of Rights is the period of time after which the rights revert back to you and if this is not clearly written or not negotiated at all, your publisher could own the rights to your book forever. There should also be clear definitions of what constitutes publisher insolvency, “out of print” and bankruptcy – if not, you might struggle to get your book rights back. Having your Reversion of Rights clearly written covers you if the publisher doesn’t market your book sufficiently well to sell it and it could be argued that this is the single most important clause in the entire contract.
Get it right now and your hard work pays off. Get it wrong and you could lose everything you worked for. Read your contract thoroughly; get your agent or someone else to read it. Always ask questions if you are even the tiniest bit unsure and look to others in the same industry to get the right advice.
Written by Readers’ Favorite Reviewer Anne-Marie Reynolds