Although non-compete clauses have become common in non-fiction publishing, they are not appropriate in novel publishing agreements. Unfortunately, I have too often seen sweeping non-compete terms in fiction agreements, especially with small and independent presses that “cut and paste” contract provisions from online samples. In some circumstances, these non-compete provisions can unreasonably restrict your future … Continue reading Non-compete Clauses
A standard publishing agreement stipulates that the publisher has somewhere between 12 and 24 months to release the book after the publisher has accepted the manuscript, with 18 months being typical. Aside from the obvious fact that authors wish to see their book in print as soon as possible, there are other reasons to have … Continue reading Time Until Publication
Many publishing agreements include bankruptcy clauses to protect the author, for example: In the event of the bankruptcy, insolvency or liquidation of the Publisher, this Agreement shall terminate and all rights granted to the Publisher shall revert to the Author automatically and without the necessity of any demand or notification. Sounds good. But is it … Continue reading Bankruptcy Clauses In Publishing Agreements
A. By “tricky” you mean contract terms that may have unforeseen consequences for the author. That is a big topic, but here are some prominent examples: The Cross-collateralization Clause: “All Works covered by this Agreement or any other agreement between Publisher and Author shall be considered one account and shall be accounted for jointly or … Continue reading Q: What Are Some “Tricky” Contract Clauses In Publishing Agreements?
On May 28, 2015, at Book Expo America in New York City, the Author’s Guild announced an ambitious new program — a must-read for every writer — named The “Fair Contract Initiative.” This initiative is a series of commentaries that will take “a fresh look at the standard book publishing contract.” According to the announcement, … Continue reading Authors Guild Announces Fair Contract Initiative
An agency clause is a paragraph of legalese in your publishing agreement. It gives your agent the right to collect all royalties (including advances) directly from the publisher. The agent then deducts her commission from that amount, and sends the remainder to you. The agency clause isn’t required by your publisher — it has no … Continue reading Agency Clauses in Publishing Agreements