Now that I'm under contract for another book, this seems as good a time as any to deal with the subject of contracts. If you're self-publishing, you won't have to worry about this aspect, at least not initially. If you're looking for a contract from a traditional publisher, here's at least some of what you should be aware of.
A contract is a formal agreement between you and the publisher, generally in writing as oral contracts, while legally valid, are difficult to enforce. It will generally cover the following points:
1) The topic and general scope of the work that is to be published and what you, as the author, are responsible for supplying to the publisher. At a minimum, you will be held responsible for providing a manuscript that is within the specified word count and is properly formatted for editing according to the specifications of the publishing house by the specified deadline. Your publisher should provide an author's guide detailing its formatting requirements; ignore this at your peril. The contract will also specify any additional tasks you may be required to do in order to prepare the manuscript for publication and release; generally, those will be participating in the copy editing process, doing a review of the final proof text, and (for nonfiction books) constructing an index.
2) If you are required to provide your own illustrations/photos, the number to be provided will also be specified. Unless stated otherwise, assume that, except for the cover photo, the illustrations will be in black and white. The publishing house will probably include information on what constitutes an acceptable illustration in its author's guide. Expect to be required to supply any illustrations at your own expense.
3) The contract will cover who will hold the copyright and what additional rights are being assigned to the publisher.
4) The contract will cover royalty rates for books sold and will tell you when royalties will be paid. Depending on the publisher, you may be offered a flat rate per book, or you may have an escalator clause for increasing rates depending on sales. If rights such as movie/TV rights, audiobook rights, and other uses are being assigned to the publisher, the contract should also cover royalty rates related to exercise of these rights. If you are looking at a work-for-hire agreement, the contract will name the sum to which you are agreeing in exchange for your manuscript and all rights to it.
5) If there is to be an advance (don't hold your breath), the contract will specify the amount and under what conditions it must be returned to the publisher.
6) The contract will outline deal breakers on your part and the publisher's, breach of which will render the contract null and void. Basically, your part of the contract is to deliver a suitable manuscript within the required timeline and to participate in copy editing, index construction (for a nonfiction book), and proof review in a timely manner as requested by the publisher. If you don't do this, the publisher is no longer under obligation to publish your book. If you do your part, the rest is on the publisher's head.
I've only dealt with smaller publishers myself, but generally I've found publishing contracts to be reasonably straightforward; just read them through carefully and discuss anything you are uncertain of with the acquisitions editor before signing. If changes need to be made, be sure they are incorporated in writing before you sign. The larger the house you are working with, the more likely it is that they will expect you to have an agent, and the more benefit a good agent can derive for you, but that's a topic for someone who has experience as an agented author.
Happy writing!
A contract is a formal agreement between you and the publisher, generally in writing as oral contracts, while legally valid, are difficult to enforce. It will generally cover the following points:
1) The topic and general scope of the work that is to be published and what you, as the author, are responsible for supplying to the publisher. At a minimum, you will be held responsible for providing a manuscript that is within the specified word count and is properly formatted for editing according to the specifications of the publishing house by the specified deadline. Your publisher should provide an author's guide detailing its formatting requirements; ignore this at your peril. The contract will also specify any additional tasks you may be required to do in order to prepare the manuscript for publication and release; generally, those will be participating in the copy editing process, doing a review of the final proof text, and (for nonfiction books) constructing an index.
2) If you are required to provide your own illustrations/photos, the number to be provided will also be specified. Unless stated otherwise, assume that, except for the cover photo, the illustrations will be in black and white. The publishing house will probably include information on what constitutes an acceptable illustration in its author's guide. Expect to be required to supply any illustrations at your own expense.
3) The contract will cover who will hold the copyright and what additional rights are being assigned to the publisher.
4) The contract will cover royalty rates for books sold and will tell you when royalties will be paid. Depending on the publisher, you may be offered a flat rate per book, or you may have an escalator clause for increasing rates depending on sales. If rights such as movie/TV rights, audiobook rights, and other uses are being assigned to the publisher, the contract should also cover royalty rates related to exercise of these rights. If you are looking at a work-for-hire agreement, the contract will name the sum to which you are agreeing in exchange for your manuscript and all rights to it.
5) If there is to be an advance (don't hold your breath), the contract will specify the amount and under what conditions it must be returned to the publisher.
6) The contract will outline deal breakers on your part and the publisher's, breach of which will render the contract null and void. Basically, your part of the contract is to deliver a suitable manuscript within the required timeline and to participate in copy editing, index construction (for a nonfiction book), and proof review in a timely manner as requested by the publisher. If you don't do this, the publisher is no longer under obligation to publish your book. If you do your part, the rest is on the publisher's head.
I've only dealt with smaller publishers myself, but generally I've found publishing contracts to be reasonably straightforward; just read them through carefully and discuss anything you are uncertain of with the acquisitions editor before signing. If changes need to be made, be sure they are incorporated in writing before you sign. The larger the house you are working with, the more likely it is that they will expect you to have an agent, and the more benefit a good agent can derive for you, but that's a topic for someone who has experience as an agented author.
Happy writing!