31st July 2023/1 Comment/in Publishing tips /by KJ Charles
This post is brought to you by seeing a series of posts on Facebook that demonstrated how many authors don’t understand rights. It’s long and boring and about contracts. Read it anyway.
Right. There’s been a rash of posts about the T&Cs of Apple’s new AI narration service whereby they offer to create a machine-narrated audiobook with no upfront cost to you.
I’m not here to talk about how, when you’re offered something for free, that usually means you’re the product. Or about how authors who throw voice artists under the bus will get zero sympathy from me when the flood of AI novels destroys Kindle Unlimited. Or how come so many people apparently haven’t seen Terminator 2. If you need my stance on AI, I’m insisting in anti-AI clauses in all my publisher contracts (human narrator for audiobooks, no AI on the cover, you may not feed my books into the maw for machine learning) and am prepared to walk away from a contract that doesn’t include them.
But we’re not talking about AI in this post. We’re talking about how to read a contract.
Fantagraphics filed a Complaint for Declaratory Judgment against Emil Ferris over My Favorite Thing Is Monsters Vol 2. They have now settled
More Author vs. Contract stuff. Always interesting to see under the hood of these things.
There can be many reasons for an author to delay turnovers, writers block, family issues, or even trying to retcon a better royalty agreement. But in this case claiming the second half of the book wasn't part of the deal just doesn't cut it. There were author interviews in the New York Times back in 2017 talking about Volume 2 coming out soon. In this case I am on Team Fantagraphics.
The Business of Writing: Navigating Contracts, Royalties, and Taxes
Writing is not just about creativity, but also about the business side of things. As an author, it’s important to understand the legal and financial aspects of the publishing industry, including contracts, royalties, and taxes. Here are some tips for navigating the business of writing:
Contracts: Review publishing contracts carefully and make sure you understand the terms and conditions before…
And also some magazine publishing contracts online... this does not apply to book publishing contracts.
Replace Service Recipient with:
Publisher if you like, or specific media.
Replace:
_Service Recipient_ with name of the company.
_Service Recipient's platform_ with name of the thing the work is going to be published in.
Make sure to fill out who the work shall belong to.
Standard Licensing period is included, make sure it suits you.
Be sure to fill in the blanks correctly.
It’s better to fill out the address and contact info prior.
Do not sign and send a copy until you have the contract back.
Be sure your author fills out:
Address
Email
(Phone number)
Author name
Social Media
Author biography (if it applies)
Author Paypal/payment method.
And lastly make sure they signed and dated the contract.
BTW, for those with editing contracts or looking to sign an editor you will need these additional clauses:
Make sure the payment is in thirds. DO NOT PAY LUMP SUMS.
Make sure there is a reversion clause: i.e. if they don’t deliver X in X amount of time you don’t have to pay. If they can’t give you proof of any editing done by X time, then the payment will revert.
BTW, I am not a lawyer and this is not legal advice. However, I would like to see more proper legal contracts within the writing community. Something of this flavor is more standard.
CONTRACT
This writing agreement (this “Agreement”) is made effective as of _____. by and between the writer ____ and Service Recipient______.
Service Recipient's Contact information (”Service Recipient”):
Address
E-mail
Author's Contact Information (“Author”):
Address
E-mail
DESCRIPTION OF SERVICES
Beginning on _____ - ______, Author, _Author Name_ will provide the following services, (collectively, the “Services”). Writer will submit the following written material to the Service Recipient.
The Author grants permission to publish the WORK online exclusively for one (1) year from the date of first publication, and non-exclusively thereafter.
The Author grants permission to publish the WORK electronically in _Service Recipient's platform_ of _Service Recipient_ exclusively for one (1) year from the date of first publication.
The publisher reserves the right to market the WORK on platform.
The Author guarantees that the Work has not been previously published or released into the public domain in its full form. The Author also guarantees that the Work is free and clear of any counts of libel, plagiarism, or breach of privacy, does not infringe on or violate existing copyrights, and that there is not any legal action pending or in progress concerning the Work.
The Author will provide a biography, PayPal address and contact information within 10 days of receiving this contract. The Author grants the Service Recipient the right to use their name and biographical information with all publications of the Work, and to promote the Work. The Author agrees that the Work will not have been altered in any way, barring written permission from the Service Recipient.
All rights granted by the Author to the Service Recipient apply only to English language translations of the Work.
All rights not explicitly granted to the Service Recipient remain with the Author.
SERVICE RECIPIENT:
The Service Recipient will make no major alterations to the content, title or theme of the Work without the Author's written consent. The Service Recipient reserves the right to make minor copy-editing changes to the Work to conform to the requirements of publication.
The Service Recipient guarantees to list a proper copyright notice for the Work on the appropriate copyright page of all editions.
The Author will be credited in all instances of the Work as: _author name_
PAYMENT FOR SERVICES.
For the rights granted to the Service Recipient in DESCRIPTION OF SERVICES, the Author will receive a payment of ___ per word (Put N/A, in if it does not apply), OR a lump sum of ___ (Put N/A, in if it does not apply) paid on first publication. The final word count of the Work will be determined by the publisher after final edits to the story have been completed. The payment will be made to the Author's designated Paypal address, which is: _Author’s Paypal_.
The author may also request inclusion of their social media on _Service Recipient's platform_ within locations.
The Social media platforms of Author they would like for inclusion are (Please put N/A if it does not apply):
Twitter:
Facebook:
Twitch:
Youtube Channel:
Tumblr:
Website:
RELATIONSHIP OF PARTIES
It is understood by both parties that Author is an independent contractor with respect to _Service Recipient_, and not an employee of _Service Recipient's platform_. _Service Recipient_ will not provide fringe benefits including health insurance, paid vacation, and any other employee benefit for the benefit of Service Recipient.
WORK PRODUCT OWNERSHIP
Any copyrightable works, ideas, discoveries, inventions, patents, products or other information (collectively, the “Work Product”) developed in whole or in part by Service Recipient in connection with the Service shall be the exclusive property of ____. Upon request, Author shall sign all documents necessary to confirm or perfect the exclusive ownership of ____ to the Work Product.
Any derivatives, which include anything outside of platform and Agreement using Services will incur additional payment in the amount of __. This includes additional merchandise.
CONFIDENTIALITY
Author will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Author, or divulge, disclose, or communicate in any manner any information that is proprietary to _Service Recipient_.
INDEMNIFICATION
Mutual indemnification will apply to the Work.
a. ) The Service Recipient agrees to hold the Author blameless for any and all damages, liabilities or other legal action arising from any breach of the Service Recipient's obligations or contracts or due to the Service Recipient's actions.
b.) The Author agrees to hold the Service Recipient blameless for any and all damages, liabilities or other legal action arising from any breach of the Author's obligations or contracts or due to the Author's actions.
c.) If any legal action pertaining to the work is to arise, the defensive party agrees to notify the other party within 10 days of becoming aware of such an action.
ENTIRE AGREEMENT
This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whethere oral or written.
SEVERABILITY
The Service Recipient guarantees to publish the Author's work on the Service Recipient's platform and within six (6) months of acceptance. The Service Recipient agrees that, if the Work is not published within twelve months of acceptance, all rights will revert to the Author.
APPLICABLE LAW
Regardless of its place of execution, this agreement shall be interpreted under the laws of the State of ___.
Best Tips for Negotiating a Contract with Book Publishers
Best Tips for Negotiating a Contract with Book Publishers
Like most legally binding agreements, you can expect to find more than a few complex legal terms when reading through a contract for a book deal. That’s why some authors hire attorneys to handle the contract negotiation process on their behalf, while other authors prefer pairing up with literary agents. However, many authors choose to walk the negotiation journey alone.
Whichever approach you…
Remember: When you sign a contract, be sure to include all the details.
For example … Marriage vows, a personal contract, should be rewritten “to have and to hold and to listen to stories about your workplace drama until death do us part.” — @CopyMama
As a book author, you’re likely to run across all sorts of commitments, many involving some sort of contract: author/agent agreement, book…
[...]
I first wrote about this in 2011. Then I revised the piece for 2013. And now, well, things are much worse than they were five years ago for any writer who wants to become traditionally published.
I’m going to be as blunt as I can here.
If you sign any version of a non-compete clause, you will never be a full-time professional writer. Writing will not be your career. Something else will, and you will write on the side for the rest of your life.
Got that?
Can I be any clearer?
In the past five years, publishers have gotten draconian about the non-compete clause—and they’ve also gotten sneaky about it. Many writers have gotten wise to the non-compete clause, and refuse to sign it.
[...]
The choice you are given is this: either you let the publisher control your entire career just because you sold that publisher one book for $5000 or you walk.
If that’s the choice you’re given, walk. Hell, run.
You have other options now. You can go to a different traditional publisher if you want. You can publish that work yourself.
You’re even better off putting that book in a drawer and not mailing to anyone than you are signing that clause.
Got it?
Because the moment you sign that clause, you give over your entire career to a corporation that cares nothing for you.
[...]
