Merchandising rights are a frequently misunderstood (and often overlooked) part of publishing agreements. They are the right to market, sell, and license physical and tangible articles related to your copyright ownership, such as t-shirts, posters, action figures, games, etc. – even your book’s cover art. They are part of the cluster of “derivative” rights inherent … Continue reading Merchandising Rights
Q. My latest publishing agreement includes an arbitration clause. Should I accept it? A. No. It sounds counter-intuitive, but litigation usually is a better option for authors (and consumers in general) than arbitration. Arbitration (not to be confused with mediation) is an “alternative” method of dispute resolution. In general, two disputing parties present their individual … Continue reading Q&A: Arbitration Clauses
Question: Is there a way to legally enter into a contract with a literary agent/publisher without revealing one’s real identity? There is no problem in entering into a publishing or agency agreement under a pseudonym – it’s done frequently by writers who are prolific, or wish to switch genres, or publish in an genre that … Continue reading Q&A: Pseudonyms in Contracts
Tell me about royalties in book contracts. A. Royalty rates may vary wildly in the contemporary book publishing industry; however, typical hardcover rates are 10% – 15%, with “break points” that escalate the royalty as more copies are sold; e.g. 10% on the first 5,000 copies, 12 1/2% on the next 5,000, and 15% thereafter. Mass market … Continue reading Q&A: Royalties
Standard publishing agreements usually contain a clause giving your publisher the right to retain a “reserve against returns” or similar language. Why? Because the book publishing world works on consignment. Nearly all commercial publishers offer books to bookstores on a returnable basis. (This is part of what separates commercial publishing from print-on-demand publishing). Unless you … Continue reading Reserve Against Returns
Q. I turned in my book’s manuscript on time three months ago, but my editor still hasn’t “accepted” it. What are my rights? And can my publisher make changes without my approval? A. As always, your publishing agreement controls. An industry-standard publishing agreement typically gives the publisher the right to accept, reject, or ask for revisions in your … Continue reading Q&A: Manuscript Submission