The difference between "first rights to publish" and "Copyright."

[Tina]

Many times a new author will contact me and tell me they would like to have their self-published book "reach a wider audience."

This means they decided to go ahead and self-publish their book, and found out that people are not beating down their door to buy it. They've maybe sold a few dozen copies, but have found that it is very hard to sell themselves and their book.

They tell me they feel that with my expertize, their book can reach a wider audience. They proudly tell me they "own" all the "Copyrights" to the book, so it should be no problem for a traditional publisher taking it on.

The problem here is that since they have already offered their book for download on Kindle,or on Amazon.com, etc., it is considered as already "published." Therefore, they have given up the "First Rights to Publish," which is what most publishers will want. They want to be the FIRST to offer it to the public.

Also, since it has already been offered to the public, they may have maxed out their sales potential. Therefore, it will be very hard to interest a traditional publisher in a work that has already been published and put out for consumers to read or download.

New writers often mis-understand that the "Copyright" only protects the WORDS inside the book from being plagiarized. It has nothing to do with the "First Rights to Publish."

Also, if you have signed a contract with a publisher, even for self-publishing, then that contract has to be terminated before you can enter into another contract for publication. In other words, you can't be under contract to two different publishers at the same time. You usually have a contract with the publisher so they have the exclusive rights to publish your book.

Many print-on-demand publisher really take advantage of new writers, because they fail to put an end date, or reversion of rights for when the rights revert back to the author. The writer may find that they have to pay large fees in order to end the contract so they can go with a different publisher.

Often times, the contract will say that "when the book is out of print," the rights revert back to the author. However, with many print-on-demand publishers, your work may NEVER be out of print. So they can tie up your book indefinately.

Publish America is famous for this tactic. They have the worst reputation of any of the print-on-demand publishers. They make more money when the author has to buy out of the contract than any of the books they sell. Just so you know, if you proudly announce that you are a published author with Publish America, literary agents and acquiring editors will not take you seriously.

In the first place, when you SELF-publish, you can be published, no matter how AWFUL the writing is, and seldom do self-published authors take the time to hone their writing skills and have their manuscript professionally edited. Also, even a professional edit doesn't guarantee that it will sell. They mostly look for grammar errors, and punctuation. What you need is to have your project "critiqued."

Is the story working? Are the characters realistic? Is the writing honed and polished? These are things that acquiring editors and literary agents look for in a manuscript.

(See our earlier discussion on "Writing Tips," for more on what you can do to make your writing stronger and more acceptable to agents and editors.)

Also, a Literary Agent isn't the same as a "Publicity Agent." Lit Agents don't put out ads in papers or magazines, or get you on TV, or set up book signings. If accepted as a client, we offer your un-published manuscript to acquiring editors at the publishing houses in hopes of getting it accepted for publication. We also negotiate the terms of the contract in hopes of getting a higher advance and the best possible deal for the author. For this we get 15% of the advance, and 15% of any subsequent royalties.

I know this strayed much from the topic, but it is information that all writers should know.

Any other thoughts or comments on this? Any other questions?

[Roger]

As a writer finding it difficult to be accepted by a publisher and or Literary agent I should, and do, welcome the ease with which writers can publish their work cheaply or for free these days. But I also feel that it's a double edged sword. I would never presume to class my writing ability as superior to that of any other author, but with the plethora of novels available it's no wonder that publishers are being so choosy.
Never would I wish to return to the days of trolling for a professional with the only other option being that of the Vanity Press. However it seems that it's even harder now to find a publisher or agent than it ever was before.

[Tina]

The publishing industry is changing, and it has become very easy for anyone to self-publish these days with the onset of E-publishing.

But because it is so easy to self-publish, there is a lot of terrible stuff out there. Not to say that ALL self-published writers are terrible writers. Some are better than others. And of course, with some, it is the only way they can get their works out there. There are a few who self-published first, but got noticed later on.

But I'm of the opinion that a writer should try to go through traditional publishers first. If the writer is getting rejection after rejection, then maybe it's time to take another look at their writing skills and see what they are doing wrong. Too often, they take their old skills (usually making many of the same beginning writer mistakes, still) and go ahead and self-publish, then wonder why their books don't sell.

If they would take the time to hone and polish their writing skills, they would do better than when they rush to self-publish. But that's just my opinion.

I've seen writers who have taken many years to hone and develop their writing skills, but now have several books published. It's not easy to do this. But is more satisfying in the long run.

[Sam]

Thank you, this is great information for a 'still waiting to be published' writer. I have been wondering about self-publishing for a little while but am still holding out, with fingers crossed, that one of my submissions will be welcomed.

I appreciate the time and energy you have put into this group Tina, I have read some great posts, and look forward to more advice from you.

[Tina]

Thanks so much for your kind words.