Shift from indie to trad publishing, the biggest contract warning

[Thaddeus]

Hey, kids.

I recently participated in (as a questioner, not a panellist) a Twitter Q&A over small presses and the pros and cons thereof.

This group is focused on independent/self-published authors and works, but I thought it might be useful to highlight, as a warning, the single biggest red light you should look out for if you shift to traditional publishing.

In a contract, don't be afraid to question stuff you (or your agent, if you have one) are unsure of. The biggest red light highlighted in the Twitter Q&A was a clause to give first refusal on all future works to the said publisher.

What that means is that every single book you write after the one you sign the contract for has to first be submitted to the publisher with whom the contract has been signed, and they can then choose whether to accept it or not.

Now, publishers can be good or bad or somewhere in between. If you're unhappy with your publisher after the first book (lack of support, editorial advice etc) then you're chained to them for everything you write in future (which may also rule out independent publishing). And that's not a good place to be.

A reversion clause is something you should ask for, if not automatically provided. That means that if the deal falls through (for example, if you fall into a coma and cannot finish/make changes within a certain timeframe or if the publisher folds) then all rights to your work revert back to you.

When self-publishing it's easy to think of the extra kudos still attached to traditional publishing, but there are also bear traps there which simply don't exist for indie writers. And when we self-publish, there's ultimate control over cover, content and release timing [because publishers have a large number of authors and don't want to glut the market, even a totally finished book can be sitting in a release queue for months].

If you do release something traditionally, pay close attention to the small print. It'll usually be fine, but sometimes it could cause you major problems.

[R.A.]

All good things to think about, and reasons why I haven't bothered to look into a small press. I've seen so many bad ones, I can't even stomach the idea of wading through them to find one that would be honest and helpful. I saw a free book released by 'Good to Go' publishing, and there were four or five typos IN THE BLURB! I know they're not all that bad, but I can't handle the stress of wondering what might be done to my babies. If they have issues, it's going to be my fault. :)

[G.R.]

Unfortunately, or fortunately, I've never had the opportunity to read the fine print in a trad contract, but I have entered the (now defunct, apparently) Amazon Breakthrough Novel contest. Their contract also mentioned a first refusal clause, and the rules of the contest dictated that the author agreed to sign the contract as is. I always found that to be a bit odd, especially from Amazon. I would be very interested to read the full excerpt of the Twitter Q and A you mentioned. What other pros and cons were discussed?

[Kyra]

Thank you for bringing this up! I worry about hopeful indie authors getting all excited about getting a contract with a publishing house (large or small) and then throwing away the rest of their career due to option and non-compete clauses. Any author who is thinking of accepting a publishing contract REALLY needs to have a lawyer who specializes in IP contract law (not an agent; with rare exceptions, agents are not lawyers and are not licensed to practice contract law) go over the contract. It'll cost several hundred dollars (at a guess) but could save you a lifetime of regrets.

[Michael]

Very useful, thanks for posting this. Sometimes what seems obvious isn't always so. And I ABSOLUTELY agree with Kyra - a lawyer that specialize in that field is vital when switching from indie to traditional publishing. Always.

[Thaddeus]

Unfortunately I'm something of a luddite, and don't have any way of getting the Q&A up [it was under the hashtag #tickboo, a reference to Tickety Boo Press, the publisher whose owner and authors/editors were on the panel. Disclaimer: I've had a short story published with TBP, and have a deal for two novellas (Sir Edric's Temple and Sir Edric's Treasure)].

The first refusal issue was one that really struck me, and I thought it'd be useful to raise it here. Glad that seems to have been the case.

Cons included lack of muscle (if you get a deal with a Goliath then your book will be stocked in more places as a matter of course). That was the only one that springs to mind. Pros include that you get a foot on the published rung, and there may be more negotiation/leeway with certain aspects than you'd get with a massive corporate firm. Plus, there's more scope for creativity and risk-taking (because risks are needed to grow, but once a publisher is huge they become risk-averse).

Kyra, that's spot on. Whilst getting a contract offer is a bit of a milestone, it'll become a millstone [I apologise for this wordplay] if you sign something that could wreck your career. Better to be an indie rebel than shackle yourself to a monster.

Must admit I didn't have a lawyer, or agent but I did read over the contract carefully, asked various questions, clarified that after the period involved the rights return to me. Fortunately the answers were quite clear, but if someone is ambiguous or refuses to answer, that would obviously be a big red warning.