Contracts can be confusing. Enjoy this wisdom from Chico and Groucho Marx (from their movie made in 1935; some things never change):
Contracts
Defusing Contract Landmines
It is crucial that every author knows that if they sign a contract, they are legally bound by the terms within that contract. Even if it is to their disadvantage. Our agency is often approached with a phrase like “I signed a bad book contract and want out of it. Can you help?” Usually, the answer is “Unfortunately, no.” After so many years of running into landmines buried …
R Is for Reversion of Rights
You’ve published your book with a publisher. But it has been some time since it was published, and it feels like the publisher is no longer interested in promoting your book. Or the book is “old” enough that the publisher isn’t going to spend new money to sell copies but is simply keeping it available. Or the print edition of the book is no longer available, but it is still …
Review Any and Every Contract You Sign
Today’s headline sounds like a blinding flash of the obvious, but you’d be surprised how many writers are not careful about the agreements they sign. Those with a literary agent have a business partner who will review their book contracts; that is a given. But that does not remove the writer’s responsibility. And what about their magazine or online article contracts? Years ago, the Condé …
Author Accounting 101
You are a published author. You must be rich! You are an agent. I know you are rich. If it only were true. Let’s attempt to explain some of the bottom-line basics of Author Accounting. Please remember this exercise is generic; your mileage may vary. I will use some simplified numbers, so we can all follow the math. Let’s start with a $20.00 retail-priced book. The publisher sells the book …
The Landmine of Fair Use
A couple of weeks ago, I wrote on “The Cost of Permissions vs. Fair Use” which raised more questions. Therefore, I dug up a post I did on similar concerns. I replay it here to help you navigate these issues. Remember, I’m not an intellectual property attorney; I can only point to current best practices. Steve, What are the standard fair use rules for quotes of other published …
Book Industry Trends
Publishing is partly an exercise in guessing what might be the next surprise bestseller. Some of it is an educated guess based on certain trends we see in the industry and in society at large. Any exercise in naming these trends bears the risk of expressing the obvious or being out of date the moment they are stated. So bear with me as I tinker with some of the factors that are either influencing …
L Is for Libel
by Steve Laube
To libel someone is to injure a person’s reputation via the written word (slander is for the spoken word). I wrote recently about Indemnification but only touched on this topic. Let’s try to unpack it a little further today.
First, be aware that the laws that define defamation vary from state to state, however there are some commonly accepted guidelines. Anyone can claim …
I Is for Indemnification
Publishing is not without risks. Plagiarism, fraud, and libel by an author are real possibilities. Thus within a book contract is a legal clause called indemnification, inserted to protect the publisher from an author’s antics. The indemnification clause, in essence, says that if someone sues your publisher because of your book, claiming something like libel (defamation) or plagiarism etc., …
D Is for Dispute Resolution
by Steve Laube
Pray that it never happens to you. But if there is a situation where you find yourself in a legal battle with your publisher regarding your book contract there are terms that will dictate how that disagreement is handled.
Here is one version from an old contract:
Any claim or dispute arising from or related to this Agreement shall be settled by mediation and, if …