Devil is in the Details - Publishing Contracts

About two weeks ago, I received a publishing offer for my book, Maker of Angels. I was thrilled! My first impulse was to sign the deal and schedule a celebratory pizza feast for my family, friends and any nameless strangers who might like to join the party. What did I do?

Three fist pumps, a couple quick posts and private emails to share my anticipated good fortune. Then, I got to work.

I read every word of the document—every stinking word! Funny how legal clauses are boring until your future might be made or broken by some obscure provision. I discovered typos and disturbing questions about some of the provisions, but how do you question a contract offer for which you’ve been desperately hoping?

Will they think I’m a pain-in-the-rear, a Prima Dona author and withdraw the deal? If they do that, I rationalized, I’m better off without them.

Devil is in the details!

I hit the “send” button on my email list of questions and crossed my fingers, but I didn’t wait for answers. There was still more work to be done. An old adage in business is that a company can promise you anything as long as they can go bankrupt and get out of the deal. For this reason, the history of the publishing company is important. Are they financially substantial? Do they have any bad reports in industry watchdogs like Predators and Editors?

 

This company checked out okay. I even interviewed one of their newer authors to see what her experience was like. She gave a good report.

Everything seemed to be adding up. Nevertheless, doubts nagged at me. I studied their website for hours. Pricing of e-books seemed high, particularly for my anticipated genre. And, their POD book pricing was typical—way over the usual market price for comparable trade paperbacks. Contractual language only allowed for a “limited” run of traditionally printed books and while they claimed to have lots of distribution outlets, they could not provide Barnes & Noble for widespread marketing. I worried that my books might be overpriced and poorly distributed.

 

Meanwhile, contract changes arrived by email. The company impressed me with their willingness to negotiate, but one concern really bothered me. Charging authors a fee for services. When I mentioned that it felt like a vanity press, the owner of the company argued it was reasonable and not even a “fee,” calling it some convoluted refundable deposit or some nonsense like that.

Now, I’ll admit, I’m a simple man. But, if it looks like a duck, walks like a duck, and quacks like a duck . . . it’s a duck!

The company owner came across as aloof, and defended their publishing concept of charging authors for publishing. Her company policy of over-pricing books so they can offer false economy by showing big discounts was pure gimmickry to me. Do they think readers are stupid? My philosophy is to charge a fair price, one that is competitive in the genre’s market, and then deliver a superior product, i.e. quality story-telling. Word of mouth will generate high sales volume as readers have a good experience and tell others about it. My philosophy and theirs clashed. I declined their offer.

How does my experience impact you? I hope my excitement and subsequent disappointment may save you from misfortune. If you get a publishing offer, enjoy the thrill, but do not sign it right away. Vet the company, read the contract, and trust your intuition instead of following your heart. If you aren’t capable of analyzing the contract yourself, hire a literary attorney. It is cheap insurance. And, if the deal doesn't "feel" right, don't do it.

 

Ultimately, before you jump into the deep water of a publishing deal, do that important homework. After all, the devil is in the details!