Posts

Showing posts matching the search for contract

A Publisher's Conversation with Authors: Contracts You Should Not Sign

Image
  (photo by Frank Perez) It is Tuesday. Time to tall turkey. Monday's madness is over, and Wednesday will take us over the hump, so Tuesday it is--for some serious discussion with authors. Tuesday talks mean to address authors in waiting and self-published authors who would like to go a more traditional route or who would at least like to take their steps with a publisher by their side. Today's topic is about contracts--bad ones. We will state upfront that contracts are filled with legal terms that are often difficult for authors to understand. That legal information is important, critical, required. Also important, critical, required is that authors understand what they sign, reading the proposed contract as carefully as they would read any other document. AND RUN IT PAST AN INTELLECTUAL PROPERTY RIGHTS LAWYER. OK, let's take a look at one can go wrong with a contract. Rights and copyrights (see our previous blog POST on this topic for more information): Never sign a contr

A Publisher's Conversation with Authors: How to (Not) Lose a Contract with a Publisher

Image
It is Tuesday. Monday's madness is over, and Wednesday will take us over the hump, so Tuesday it is--for some serious discussion with authors. Tuesday talks mean to address authors in waiting and self-published authors who would like to go a more traditional route or who would at least like to take their steps with a publisher by their side.  Today's topic shares some real-life cases (book titles and author names changed, of course) of authors and would-be published authors lost contracts, from before being offered one to even after a book was published. They can serve as warnings of what not to do and, in converse, what to do in trying to secure -- and keep -- a publishing contract . Before being offered a contract (case: Developing School Discipline by Gordan Cruikshank): Arrogance. This attitude is perhaps the primary turn-off to an author being offered a contract even when the publisher is otherwise even very interested in the book. Remember, publisher and author working t

A Publisher's Conversation with Authors: What Does My Contract Mean and Should I Sign It? -- Initial Verbiage and Paragraph 1 (Rights)

Image
  It is Tuesday. Time to tall turkey. Monday's madness is over, and Wednesday will take us over the hump, so Tuesday it is--for some serious discussion with authors. Tuesday talks mean to address authors in waiting and self-published authors who would like to go a more traditional route or who would at least like to take their steps with a publisher by their side. Today's topic addresses contracts -- what is a good one, what is a bad one, and what do the specialized terms actually mean? I will answer these questions in a series of posts, using, to start, our contracts, and will go through them paragraph by paragraph. Then, I will look at some other publishers' contracts for differing. So, for today, let's take paragraph 1 (all paragraphs are numbered in a contract; that makes it easier for refer formally and legally to specific clauses). Before paragraph 1;  Name of the publishing company The words, MEMORANDUM OF AGREEMENT, or something similar, establishing that this i

A Publisher's Conversation with Authors: What Does My Contract Mean and Should I Sign It? (paragraphs.5-7)

Image
  It is Tuesday. Time to tall turkey. Monday's madness is over, and Wednesday will take us over the hump, so Tuesday it is--for some serious discussion with authors. Tuesday talks mean to address authors in waiting and self-published authors who would like to go a more traditional route or who would at least like to take their steps with a publisher by their side. Today's topic addresses contracts -- what is a good one, what is a bad one, and what do the specialized terms actually mean? I will answer these questions in a series of posts, using, to start, our contracts, and will go through them paragraph by paragraph. Then, I will look at some other publishers' contracts for differing content. Last week we looked at the introductory paragraphs, mostly general information, including who is the author, what is the title, what rights are being offered. Paragraph 1 states what rights you are offering  -- specifically and in detail. The next three paragraphs (2-4) spell out relat

A Publisher's Conversation with Authors: What Happens When Authors Die?

Image
  It is Tuesday. Time to tall turkey. Monday's madness is over, and Wednesday will take us over the hump, so Tuesday it is--for some serious discussion with authors. Tuesday talks mean to address authors in waiting and self-published authors who would like to go a more traditional route or who would at least like to take their steps with a publisher by their side. Today's topic is what happens when an author dies.  I just returned from my best friend's funeral. I know that dying is a reality. (Lost my husband last year, two grandchildren the previous two years; definitely, a sad reality.) Really, though, what happens when an author dies from the legal and technical points of view? Well, there are a number of issues that have to be managed. Some things are automatic; others are required by law; yet others depend upon surviving partnerships of various sorts (including marriage, children, and the like). We have had several authors die, alas, and we always post an " in mem

A Publisher's Conversation with Authors: About That Semi-Exclusivity Right Clause in Your Contract

Image
  It is Tuesday. Time to tall turkey. Monday's madness is over, and Wednesday will take us over the hump, so Tuesday it is--for some serious discussion with authors. Tuesday talks mean to address authors in waiting and self-published authors who would like to go a more traditional route or who would at least like to take their steps with a publisher by their side. Today's topic looks at a special contract feature.  We have been talking about contract specifics -- and will continue to do so -- but one clause that will not come up in the discussions based on MSI Press contracts is the exclusivity clause -- because we do not require it. Some publishers, however, upon contracting with an author for a book, will require the right of refusal for any future books. In other words, if the author writes another book, the publisher has first dibs on it, and the author does not have the opportunity to seek another publisher unless his/her current publisher says so (by turning down the subs

A Publisher's Conversation with Authors: What Does My Contract Mean and Should I Sign It? (paragraphs 8-12)

Image
It is Tuesday. Time to tall turkey. Monday's madness is over, and Wednesday will take us over the hump, so Tuesday it is--for some serious discussion with authors. Tuesday talks mean to address authors in waiting and self-published authors who would like to go a more traditional route or who would at least like to take their steps with a publisher by their side. Today's topic addresses -- what is a good one, what is a bad one, and what do the specialized terms actually mean? I have been answering these questions in a series of posts, using, to start, our contracts, and will go through them paragraph by paragraph. Then, I will look at some other publishers' contracts for differing content. A few weeks ago, we talked about paragraph 8, as found in a hybrid contract. We will now return to a discussion of traditional contracts and look at paragraphs 8-12. Please keep in mind, though, that the paragraphs in your contract may not be in the same order; however, they will contain t