Posts Tagged ‘indemnification’

Signatures on tiles, nothing to do with contracts, but fun use of signatures. Via Wikimedia Commons.

Signatures on tiles, nothing to do with contracts, but fun use of signatures. Via Wikimedia Commons.

As I prepare for a book launch in October 2014, I find myself doing a significant amount of thinking, researching and planning for it. Even more than I’d anticipated. And as those in my family can tell you, I anticipate a lot. My oldest daughter says I’m a “just in case” person. As in, put a sweater in your bag just in case the movie theater is over air-conditioned. Which it will be.

For those who know they will have, or hope to have, a book published in the near future, I’ll be running a series of posts on the month-to-month lead up to publication. There’s no way yet to say whether my methods and actions will be successful, of course, but I try my best, and why not share the information? What to think about, what to research, what I hadn’t expected, what questions to ask oneself, that kind of thing.

To begin: Twelve months out from publication (which for me was this past October)

This is the month it all began. The main focus here was the contract. I’d been in discussion with the publisher already for several weeks. In October, they sent me their contract template, and we had some friendly back and forth during the course of the month to negotiate some changes and some additions.

I am fortunate to have a family member who is an attorney specializing in intellectual property, so I had some very experienced eyes look at the contract. I highly, highly recommend finding an attorney to look over your contract. There are literary attorneys who will do this for an hourly fee. If you have an agent, that’s a good place to start. But even an agent is not (usually) an attorney. I’m amazed at how often people sign things without fully understanding them. Of course we all click on “Agree” on those lengthy terms of use pop-up windows when we sign up for various services, but a book contract is of major importance and can come in the way of any future plans you might have for your book and its derivative products (translations, foreign editions, audio versions, etc.)

Some sites I found useful for learning about what to look for in a contract were the following:

This blog post by J.A. Konrath on “some of the more one-sided, onerous terms of a standard publishing contract.” (Note that he is very pro self-publishing, and very outspoken.)

These negotiation tips provided by the Author’s Guild.

This checklist of deal terms by intellectual property attorney Howard Zaharoff.

I’ve also heard great things about Mark Levine’s book, Negotiating a Book Contract: a Guide for Authors, Agents and Lawyers.

Some of the issues I was forced to think about were:

What rights I wanted to grant the publisher, and which ones I wanted to keep for myself. (Depending on the publisher, there will be more or less flexibility here.) Worldwide? North America? Print only? (Not often an option.) Translations? Film? Audio? Stage adaptations? Merchandising? Sales to book clubs? Abridgments in anthologies?

Publication date. Is there any time of year that makes the most sense for publication? Is my book a summer read? A more intellectual, fall-ish type of read? Could I tie its launch with a specific event? A holiday? Do I want people buying it as Christmas gifts?

Copyright. For example: Who owns the rights to the cover?

Liability and indemnification. In most contracts, it seems, this clause is highly skewed in favor of the publisher, and difficult to get changed. You as the author may need to accept that you will hold the publisher harmless blah blah blah, essentially shouldering the risk of having to pay for a lawsuit, legitimate or not, filed by some out in the great blue yonder who takes issue with something you wrote, claims your cover design was his or her idea, etc. There are a number of sites out there that summarize the concerns and things for which to be on the lookout. (For example here, here, and also here.) It was very useful to me to peruse them, and establish for myself what I was comfortable with, and what was a deal-breaker.

It took a certain amount of good natured back and forth to negotiate a contract that satisfied both sides, but we succeeded, and I’m glad for the process.

If you’ve been through this process yourself, do you have any thoughts to add?

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