Author contracts - required reading
Tuesday, 21 June 2011 00:00
Blog - The Author Business
I'm currently reading Richard Curtis' How To Be Your Own Literary Agent, partially because I'm curious about how the system really works on the inside, but mostly because I need to figure out exactly how the minutae of contracts, royalties and rights work for the second part of SubTracker.
In short: it's an awesome resource. You can stop reading this right now if you go buy it. Yes, it's a little outdated regarding e-publishing and self-publishing (the last update was 2003, cut him some slack for not being prescient) but the areas where that shows are not areas where he's saying anything important to the core of the book - ie royalties, contracts and rights. Even if you're planning to self-publish, you should read this book to understand how the rest of the industry works.
The more I've read various blogs over the past few years, the more it has amazed me just how many authors get along without actually understanding their contracts. They leave all that to their agents or their publishers. This is their business, their livelihood, and they're just trusting other people won't screw them over, when screwing them over is pretty much in the agents and publishers' best interests.
These people do not work for your benefit, they work for their own. And if that benefit means quietly pocketing your money, or not telling you things you need to know, then they may well do that, even if it ends up tanking your career. If you can't understand your own contract or your own royalty statement, how are you going to protect yourself? This is the real world: you have to look after yourself, no one is going to do it for you.
Understanding contracts is not astrophysics - it's just careful consideration of phrasing and word choice. We're writers, for heaven's sake, this should not be on our forbidden list. Yes, it's legalese and utterly dry and boring, but it can be understood after some practise, just like shakespeare. And you don't lose points for having an IP lawyer (not a regular flavour one - IP is a special area and requires specialist knowledge) help you out with understanding (or negotiating) - if the result is that you understand the piece of paper you're supposed to sign, that's a win.
Ditto on your royalty statements and your rights. They're not hard, they just need some thinking. And Curtis' book makes that thinking a lot easier. Go read or buy, before you start sending stuff out.







