Doing the Unthinkable – Turning
Down a Contract!
Yes I
said it and if you've fallen off your chair with shock please climb back up and
read on.
When you
are starting out as an author all you can think about is getting a contract
offer. It doesn't cross your mind that you would turn it down if you received
one. Well, this is exactly what has just happened to me.
I am not
going to name names and all the contact I had with the publisher in question
was lovely; very friendly, seemed very professional, and they answered my
queries promptly. What put me off though was the contract terms; in
particularly the indemnity clause. This basically states that the author has to
indemnify the publisher if they are subject to any legal action in respect of
the story. A potentially huge liability to take on!
From
what I have read this is fairly standard wording in the publishing industry,
but other publishers I have signed with have not included this scary clause in
their contracts. Now I doubt many authors starting out can afford to pay for
lawyers to review their contracts and if I hadn't previously signed a contract
that didn't include this type of clause, I probably wouldn't have thought to
query it.
So, for
all newbies and not so newbies signing with a new publisher, here's a few
little tips for what to look for in a contract:
-
Be
clear about what rights you are giving up, how long you are giving them up for
and where in the world those rights can be exercised
-
How
does renewal/cancellation work?
-
Check
you are happy with the royalty rates and payment dates
-
What
does the contract say about timescale for returning edits, proofs etc? Is there
flexibility built in for the days when the world runs away with you?
-
How
much say do you get about cover art and titles? Most publishers have final
approval on cover art but good ones will work closely with you. Would you be
happy if the publisher changed your title?
-
Check
for anything that involves you having to pay the publisher money. You should
never have to pay for editing, cover art or publishing your book and be aware
of indemnity clauses.
-
What
does it say about promo/review copies? Most contracts give you a certain number
of copies to give away.
-
What
are the respective responsibilities for promotion, advertising, review request etc?
Be sure you are both going to be working for your book.
This is
of course by no means a complete list, but these are a few things to be aware
off and my best advice is that no matter how excited you are to receive a
contract, don't rush into signing it until you've had a good read through the
terms. Make sure the contract works for you because this is your baby you're
giving up and while there are many wonderful publishers out there, sadly we
also know there are some rotten ones. If it doesn't feel right, chances are it
probably isn't.
So, I
hope you have found this useful and best of luck on all those contracts I am
sure you will be signing in the future!
Bio and Links
Writing sizzling paranormal romance
and erotica and dark paranormal horror SJ Thomas has been published in several
anthologies and had her first stand alone novellas published in 2012. She
reads, writes, and breathes sexy possessive paranormal creatures and the
heroines (or heroes) that bring them to their knees. Her latest release, Hot
Flashes Vol 1 from Breathless Press, is an anthology of short and sexy flash
fiction from an amazing array of authors, perfect for the lunch break or the
daily commute. SJ lives in the South West of England with her wonderful husband
and a very spoilt Springer Spaniel. She has a full time
day job so has to fit her writing in when she can, but of course would love to
write full time one day. When not writing or working she enjoys reading,
walking, geocaching, and surfing badly.
Website: www.sjthomaswpr.weebly.com
Email: SJThomaswpr@hotmail.co.uk
Facebook - www.facebook.com/sjthomaswpr
Twitter - @SJThomas25
Pinterest - www.pinterest.com/sjthomas25
Goodreads - www.goodreads.com/author/
Great post S.J :-)
ReplyDeleteReally good post :) Can I ask what it means when you say the author has to indemnify the publisher?
ReplyDeletesuch good advice, i cant repeat it enough...
ReplyDeleteIndemnify.. you pay the costs for any proceedings taken out regarding your book...potentially mega money
Fantastic post.
ReplyDeleteI still remember vividly, the churning sensation in my gut and the constant self-doubting when I turned down the first contract I was ever offered.
It all worked out though :-)
Thanks guys. I thought it was a rather timely topic. I have to find a new home for my baby now tho!!
ReplyDeleteThanks for sharing the info!
ReplyDeleteThanks raven :)
ReplyDeleteI wasn't even aware of this clause. I am so glad SJ blogged about it.
ReplyDelete