Being published is a dream for many. But this dream can arise from many difficulties (even nightmares), with certain unscrupulous publishers with regard to the publishing contract of a book. Or quite simply with publishing houses that are not very rigorous, even downright nonchalant.
Before looking for a publishing house, then before signing your publishing contract, you must be aware of the stakes of a publishing contract, and the points to check in it.
This page is the most comprehensive guide, to my knowledge, on the book publishing contract. May it be useful.
The following tips are for book authors or illustrators. Music publishing rights are not covered.
Moreover, in the world of publishing, there are eternal debates: on the number of copies printed, on the publisher’s account/author’s account, and on promotional actions. I will come back in detail to these subjects, with lucid observations.
Here are the things to look out for in publishing deals, which we’ll cover in this article:
- Author percentage
- Benefits of a publishing contract
- Termination of the publishing contract
- A book publishing contract template
- The duration of the contract
- Promotional actions carried out
- Translation rights
- The rights to the audio version (new)
- Broader usage rights
- The margin of negotiation
- Digital Publishing
- The number of copies printed (run)
- Publisher Account / Author Account / Alternate Edition
- The usual contract structures
- The right of preference
- The choice of title and price
The author percentage (copyrights paid)
In all publishing contracts, the author receives a percentage on each book sold. It generally varies from 6 to 15% of the selling price excluding tax on the book.
Check the percentage that concerns the paper book, and that of the book in digital format. And increasingly, in audio format.
Copyrights can operate by thresholds. For example 8% for the first 500 books, then 12% for the following books. This system is set up to help the publisher to amortize the first costs, and to encourage the author to carry out his own promotion of the book.
The author percentage amount is always lower for first novels or authors with limited circulation. Publishing is a volume business, and the publisher needs to sell a certain number of books to cover his costs.
Very few authors go beyond 13%. These are essentially the best-known writers, or sensational books (political releases, event books linked to a personality or a subject, etc.).
Benefits of a publishing contract
The “advance” is the sum paid by the publisher, at the time of signing the contract, even before the release of the book. This is an advance on future royalties due.
Check if they exist in your contract.
For a first novel, or with a modest-sized publishing house, advances usually do not exist.
Termination of the publishing contract
Being able to terminate your contract, in publishing, as in life, is essential. From this point of view, publishing contracts are very varied.
Some contracts immediately offer the possibility of termination, by a simple registered letter. Others do not mention the termination, but simply the duration of the contract.
This subject must be very personal. If the contract term is two years, and that suits you well for your prospects: look no further. If you want to remain free and be able to find another publisher, then ask to include a termination clause in a contract.
In any case, pay attention to this point.
A book publishing contract template
To evaluate the publishing contract you receive, it is interesting to compare it to other contracts.
The duration of the contract
The duration of the contract is an important point. A book is a living object. You are entitled to wish:
- Edit text
- Edit cover
- Publish to another publisher
- remove the book
Within the framework of a contract, you will not necessarily be free to achieve what you wish. The duration of the contract is essential in this regard. The duration of publishing contracts is very variable, between 1 year and 10 years.
Ask yourself the following question: why is the publisher asking me to stay for X years? What does this mean for my projects?
Some publishers insert a “review clause”. This means that from a certain date or depending on the conditions of sale of the book, or the health of the publisher, the contract can be re-examined, according to the conditions that will be registered. If your contract includes this type of clause, be careful.
Actions were taken to publicize the book
Publishing your book is one thing, selling it is another. Today in France, 70,000 books appear each year. To stand out in this jungle, it is important to take charge of promotional actions.
The more the book addresses a defined target, the better it is received by the public.
The more actions the publisher is able to take to publicize it, the more you will be able to sell.
Choose an editor for the concrete actions that he is able to implement. And in the contract, these actions must be filled in. So, ask your publisher what concrete actions he wishes to take to publicize your book.
Translation rights
Your book has several lives. After being published in French, you can absolutely consider having it translated, and publishing it in other languages, in other countries by business translation services or AI tools.
Could your publisher support you in this project? Is he in favor of it, or on the contrary it is not his job? In the contract, does the publisher also grant himself the rights of translation and publication in other languages? Which ones?
Here are the elements to check in your contract and the questions to ask yourself, on the subject of translation. This subject, which may seem trivial to a young author, is nevertheless a key point in the world of publishing. Many publishers live thanks to the resale of rights for the translation of books published in France.
The rights to the audio version
In the same vein as translation, what about the audio version of your book? If publishing contracts generally always mention the rights to the book in paper format, and in digital format, the publishing of audiobooks is not yet structured.
More and more books are adapted into audio versions. The use of smartphones and the comfort of audio reading make this format a rapidly growing tool. Chances are, if your book attracts readers in droves, then you’ll want to expand on the audiobook format.
But would you like to do it with the same editor, or in another form? Is the publisher you sign with capable of producing an audiobook?
Perhaps you would then do well to exclude the audio format from the publishing contract. You will then retain the rights to the audiobook.
Broader usage rights
Rarer, but also present, the audiovisual exploitation of the book. Some publishers position themselves for film or television adaptation rights, from the first contract. If this is your case, evaluate this clause precisely. It can be a blessing to have an editor who accompanies you in the audiovisual transcription, but it must correspond to your wishes.
Attention: is generally considered as abusive, the publisher who claims all the exploitation rights, for all formats and all countries. A publisher must limit himself to publishing within the framework of his means, and his profession. Generally, in paper and digital format, therefore.
The margin of negotiation
This point is not to be checked in the contract itself. Rather, it should be checked with the publisher. A contract can always be negotiated, before signature. Certain provisions of the contract are legal and are only repetitions of the law. Others are specific to the publisher, and it is sometimes here that we find abusive clauses or missing elements.
If the publisher is not attentive to your wishes for modifications, ask yourself the question: is it rigid for good reasons, related to its activity and its financial health, or does its rigidity reflect future difficulties in our author-publisher relationship?
In any case, having a telephone conversation with your future editor appears to be essential.
Digital book publishing
The digital book is an important tool to distribute your book and increase the number of your royalties. In any publishing contract, a part must be specifically dedicated to digital publishing: duration of the transfer of the digital exploitation right; conditions for delivery of the digital print proof, conditions for reviewing the author’s remuneration for digital exploitation; forms of digital and/or electronic use envisaged and authorized; proportional and/or flat-rate terms of remuneration for the author as well as the method of calculation used; conditions for signing the voucher for digital distribution; periodicity and forms of reporting; conditions for taking over the digital exploitation right.
The eternal debate topics of the publishing contract
The number of copies printed (run)
Circulation refers to the number of copies printed by the publisher at the time of the book’s release. Authors have long stuck to this practice, requiring their publishers to print a certain number of books.
I think that the drawing today is a mirror of the larks. In the age of print on demand, and when online bookstores make more than half of book sales, what indicator really represents circulation?
And what can a publisher do with 200 books on his hands if he doesn’t have an effective distribution network and distributor? And what guarantees do you have that it will print the expected number of copies?
Instead, ask him what he plans to do with these printed books.
What matters is not the print run, but the publisher’s ability to publicize your book. Choosing a publisher on the basis of a large print run is making an irrational choice.
Go back to reading “The actions carried out to make the book known” to find out more.
Publisher Account / Author Account / Alternate Edition
The publisher’s account publishing contract is the holy grail for many of you. But you have to be clear: this one is difficult to hang on to. Without prior notoriety or a manuscript that fits perfectly with the editorial line of the house, you risk spending long months, even years, waiting for a positive response. If a publishing house accepts your book, you can then refer to the points of attention expressed in this article.
The publishing contract on the author’s account is an edition, in which the author participates in the initial costs. Several publishing houses have tarnished the reputation of this contract, neglected their authors, and reaped the benefits. However, self-publishing plays an important role: offering those who cannot find a self-publisher contract a solution for publishing their book with a publishing house, benefiting from its professionalism, and its distribution network.
Finally, the alternative edition brings together publishers who offer a publisher’s account contract, but ask authors to buy 30 or 40 copies of their book. The contract is a hybrid of the publisher’s account and the author’s account.
The usual contract structures
To regulate editorial practices, associations of publishers, authors, and public authorities published a decree in 2013 dedicated to the provisions of a publishing contract.
Attention, in fact, let us remain lucid: a publishing contract is free and can be written in the form desired by both parties. On the other hand, relying on the decree, the author can denounce his contract as null, if this one does not respect the provisions.
The right of preference
Some contracts include a clause stipulating that you must offer your other books first to this publisher. This is called the right of preference.
This right of preference is very framed by law and limited to 5 works or a period of 5 years maximum, for a well-defined literary genre.
The choice of title and price
It may seem like a no-brainer, but it’s unnatural in publishing to let you choose the title and price of the book. Be aware of this.
The title is frequently reworked by the publisher, and the price is always imposed, to take into account the costs of printing, distribution, etc…
Do not be surprised by these provisions. If you are afraid of being cheated, or of publishing the book at an unwanted price, ask the publisher to include the price and the title in the contract from the outset, to freeze them. Don’t forget that your book must have a paper price and a digital price.
