Rights : What the heck does THIS mean?

I'm currently talking to a publisher about creating a non-fiction book. This publisher is not a vanity press or print-on-demand; it's a small publisher of regional titles.

They responded favorably to my query, but didn't mention what rights they bought. When I asked them "What rights do you buy?" this is what they said:

"[The publisher] copyrights the book in its entirety exactly as it appears page by page. We do not purchase any rights -- we simply copyright the the book in its entirety and its layout -- preventing anyone from taking the book to a printer and reproducing it verbatim."

That sounds to me like THEY own the copyright, not me. Is that normal for non-fiction books?

Yep.

Don't worry about it. If you sign a deal, your contract will contain a reversion clause for when/if your book is deemed to be out of print. At that point, you can apply to have the rights returned to you.

Thanks! I guess I'm more used to magazine publishing.

One more question. They're offering me royalites at the rate of 8% of net sales. What does that mean, exactly? 8% of the profit they make from the sale? 8% of the cover price? Help!

If you haven't already, now is the time to get an agent so they can take care of that for you.

Tri

We're talking a TEENY regional publisher. I'd be surprised if I made more than a few thousand on this one. Correct me if I'm wrong, but I think an agent would be overkill at this point.

A percentage of net is not nearly as good a deal as percentage of cover price and 8% sounds low as a starting point.

% on net means % on the unit price after the publisher has factored in expenses. If the cover price is $10 and the publisher offers the bookstores a 50% discount, that leaves $5. The publisher may also charge back another dollar or so for distribution/advertising etc. leaving you with 8% of $4 or 32 cents/book.

It's not uncommon, especially it seems for non fiction pubs, to work on net. My own book's royalties are based on net. (I didn't know the diff at the time either.) But my royalties start at 10% then rise to 12.5% and 15% depending on how many copies sell.

What I did to dispell some of my confusion was ask what the % boiled down to per book in dollar terms before I signed the contract. Dollars and cents are more understandable than percentages.

The reason most writers and their advocates frown on percentages of net vs cover price is that a less-than-scrupulous publisher might juggle the numbers to reduce the net value considerably. Whereas the cover price is right there for the world to see.

Don't be afraid to ask questions of the publisher and remember that contracts can be negotiated (yet another good reason for landing an agent if you can).

See also this discussion from the Bewares board.

p197.ezboard.com/fabsolut...=676.topic