Scott on Writing

Musings on technical writing...

Author Agreements

If you find yourself in the position where you have pitched an idea to a book publisher, or if a book publisher has come to you, asking if you'd contribute to a book, the next step is signing of an author agreement.  This document spells out the terms of the arrangement, including things like:

  • Your royalty rate, and the disbursement schedule of the advance
  • The writing schedule, spelling out how much of the book you'll need to have completed by what dates
  • Legalese spelling out the responsibilities of the publisher and author
  • Legalese spelling out who owns what.  Typically, the publisher will own the rights to the work as long as they're keeping it in print, returning the rights to the author once the book is taken out of print.

As with any contract, before signing your soul on the dotted line of an author agreement, it is important that you carefully read the agreement, ask any questions you may have, and negotiate terms as you see fit.  Of course the best way to do this is with the aid of a lawyer, but many authors forgo the advice of a legal professional.

Recently, Joe Mayo sent me a link to Dave Taylor's blog entry, What Pitfalls Do I Need to Avoid in an Author's Publishing Contract?  Definitely worth reading before signing an author agreement document.

Speaking of book writing, I'll be getting back into the swing of book writing here in a couple of months.

posted on Tuesday, November 16, 2004 9:31 AM

Feedback

# re: Author Agreements 11/16/2004 3:32 PM Brian Bischof

I found Apress to be a great publisher to write for. The interesting part about them is that they have nothing to hide in their contract. In fact, everyone gets the same contract and its even posted on their website.


http://www.apress.com/about/ApressContractTemplate.pdf

# re: Author Agreements 11/16/2004 3:42 PM Dave Taylor

Thanks for the pointer, Scott. If there are other contract or publishing questions you or your readership have, please don't hesitate to ask me. I'm pretty knowledgeable about this stuff and just today was hammering out a contract with Penguin, of all companies. :-)

# re: Author Agreements 11/17/2004 6:39 AM Michael

Good read although I doubt it'll ever be any use to me. Damn the man tryin to keep a brotha down.

# More Contracting Tips 11/17/2004 11:55 PM Ajarn's SQL Corner

In my Self Employment 101 post, I emphasized the need to have a lawyer look over contracts before you sign them. Dave Taylor brings this point home clearly with examples.

# re: Author Agreements 12/30/2005 2:48 PM aYAauthor

I have am working on a YA novel and will be looking to publish it in '06. For personal and legal reasons, I need the royalties to be paid to an LLC that I own i.e. I think I can legally sign the author agreement but I need to designate the LLC as the owner of all my rights and income. Does anyone have experience with this? Is a publisher likely to reject this approach? I imagine successful authors have numerous shelf companies to handle this sort of thing. Any advice welcomed.

# re: Author Agreements 12/30/2005 3:04 PM Scott Mitchell

aYAauthor, I doubt it will be any problem. I have my royalties paid to my S-corp. When you sign the author agreement you can designate the corp (or, I assume, an LLC) as the author, at least in the US.

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