Negotiating the Contract
One of the first things that an author may have to deal with is the contract. Having had no experience with this I was somewhat daunted by the draft sent to me. Was it reasonable? Were the royalties and advances “normal”? Was I signing my life away to the devil?
Luckily if you’re in the UK, help is at hand in the form of the Society of Authors. Membership is just £85 (£60 if you’re under 35 – I just sneaked through on this lower rate). For that not only do you get all the usual benefits of membership (including smoe great discounts), but also a free clause-by-clause contract vetting service. I sent my contract off with my application and a detailed letter came back just 5 days later (even before my membership pack) with a whole load of suggestions, including – to my surprise – recommendations on which royalties should be increased. This service was completely invaluable, particularly as the publisher accepted them all (with just a couple of amendments that I was happy with). I have no doubt that my £60 has repaid itself already in the form of more favourable terms.
If you live or work in London, it is also worth mentioning Own It, a Government-funded service providing advice and resources on intellectual property. They offer a free 45-minute legal consulation which I availed myself of. I sent the contract in advance and then met up with a very pleasant IP lawyer who – whilst not as specific as the Society of Authors – provided me with some very useful points to consider (such as inserting the word “reasonable” anywhere a cost or commitment was mentioned). Obviously they were looking at it in the context of any kind of legal breach or challenge.
In summary, I highly recommend that you take the time to get your contract vetted by either a writers’ association or an IP lawyer (and preferably both). Particularly if you’re a new author like me, your first instinct is to just sign whatever the publisher sends (before they change their mind!), but the old adage rings true: if you don’t ask, you don’t get.
Niall,
Here are some resources for your readers in the U.S.
The National Writers Union (http://www.nwu.org) is the trade union for freelance and contract writers: journalists, book authors, business and technical writers, web content providers, and poets. One of the membership benefits is free advice on contract negotiations.
StarvingArtistsLaw.com offers self-help resources for artists and writers. The following page links to volunteer lawyers who may provide free or low-cost consultation. http://www.starvingartistslaw.com/help/volunteer%20lawyers.htm
Best,
Connie