Confusing contract

If you have a contract in hand, why do you think the chances of getting an agent are very low?

I'd suggest getting an entertainment lawyer to look at it if you truly believe that to be the case.

And don't sign anythign that you're uncertain of or worried about.

Everything in a contract is negotiable but you have to be aware of which clauses are the ones the publisher is just going to say no to any changes to. One thing to consider: right of first refusal means that they want to see your next work which means there is a chance they want to publish it. Its actually to your benefit in some cases to already have an in with the publisher. It means they like your work and so assume they will like your later work.

I agree with the above, though. Get a lawyer to look at it or see if you can get an agent interested. An agent can take that contract off you and know what clauses to negotiate and how to achieve a better result (if they are any good).

As for subsidary rights, I am afraid that this is a case where whatever is written into the contract is what happens to them - there is no standard on this.

And regardless of the contract, have you thoroughly researched the publisher who's offering? There are many scam artists out there, masquerading as legitimate publishers. If you haven't already done so, I urge you to - at the very least - do a Google search on your publisher.

Then search for the on the Bewares section on AW. Otherwise you may well rue the day this contract was sent to you.

However, if you've already done these things and the publisher is on the up-and-up, congratulations.

First, congratulations! Getting a publishing deal is well done.

Right of first refusal is pretty standard language, but negotiable. I only have my own experience with my own publisher as far as sub-rights are concerned. You'd be better off asking an agent about that part.

If you query an agent and say in the subject line something along the lines of: "Query -- Already have publishing contract" you should be able to generate some interest from agents (though you should still include a standard query in the body).

Are you afraid they won't be interested because you've already queried agents and you were rejected? Or because you won't be getting an advance / you're signing with a small or vanity publisher?

As was mentioned earlier, be sure you check the Bewares & Background Checks portion of AW to see if there is any data on the publisher you're signing with. You might also consider visiting Preditors & Editors to check them out.

Good luck.

Another possibility, if you really can't get an agent, is to get the contract reviewed by a professional association, who will often do it for a not-too-extortionate flat fee or as part of your membership fee:

* US - The Authors' Guild
* UK - The Society of Authors

People here are mostly not lawyers and you shouldn't be trusting random people on the internet with something as important as a publishing contract!

tweetybird said:

Hello!

I have just received my contract and it has left me totally confused.
The subsidiary rights, royalties and other clauses, seem very one sided.

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They are one-sided. Welcome to publishing.

However...

A contract is a record of an agreement between two parties. You have to think of it that way.

If there are things that scare you or puzzle you, call the publisher. Or strike them out with a pen and replace words, and initial them. Because it's printed does not make it sacred, nor does it make it a 'standard' contract. There is no such thing as a 'standard' contract.

You can get contract advice from several author associations, such as the National Writer's Union, but you have to be a member. With a contract in hand, you qualify.

But I repeat what others said, why don't you try again to get an agent? An hour of a publishing lawyer's time could cost you $200 to $500, but an agent's time is free. To an agent, an author with contract in hand is golden.

If the publisher is rushing you to sign, then chances are it's a lopsided contract anyway.

Don't let the physical fact of a preprinted contract intimidate you. For example, if the contract requires you to pay any money to the publisher, it's a scam. And that includes certain so-called self-publishing houses that take your money up front and then keep everything afterword, too.

tweetybird said:

Thanks, Nakhlasmoke.

Right of first refusal for the next work, is it standard or negotiable?
Subsidiary rights, are they shared equally with the publisher?

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Some subsidiary rights you keep. Some you sell to the publisher. It depends.

My own agent, who's been in the business for decades, hires a specialist in contract law to vet each contract. That's how complicated they are.

My advice is to get an agent -- if you have an advance, you can probably do this. If not an agent, get a lawyer who specializes in book contracts.

Money well spent.