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Literary Contracts: A Guide for New Authors

The contract for my book A Kill in the Morning  was officially fully executed on Friday.

Before I started on the process of selling A Kill in the Morning , I knew almost nothing about publishers, agents or all the specialised terms used in literary contracts, so I’ve had to learn fast.

I’m not allowed to talk about precise specifics like what my advance was or exactly what the various percentages are. But apart from that, this is what I’ve learnt so far.

Obviously this isn’t legal advice, it’s just an explanation of what the process is and what some of the terms you might come across in a literary contract mean.

Literary Contracts: the Process

  1. commissioning editor at the publishers was interested in my book.
  2. He took a proposal to buy the book to the acquisitions committee.
  3. The acquisitions committee agreed to buy the rights to the book.
  4. The editor offered me an advance in return for rights to the book.
  5. I agreed in principle to sell the rights.
  6. The editor then negotiated the details of the literary contract with my agent.
  7. Most of the literary contract terms were standard  boilerplate. T he negotiation concerned the  schedule.
  8. When my agent and the editor agreed the literary contract, the publishers and I signed it.
  9. I got my signing advance. When the book is published I will get a further advance called a publication advance.
  10. As the book sells, a percentage of the price is notionally assigned to me. If that money adds up to more than the advance then the book ‘earns out’ and I start getting royalties.

Literary Contract Terms Explained

That’s a lot of jargon! Here’s what all the terms mean:

Commissioning Editor

A person at the publishers who finds books to buy, edit and publish.

Agent

A person who acts on your behalf to sell your book to the publishers. Many publishers will not consider submissions except via agents. The agent also negotiates with the publisher over the contract. They receive a percentage of the money you get for the book (typically around 15%).

Acquisitions Committee

The people at the publishers who have the authority to approve the buying and publishing of a book. The committee includes people like the heads of marketing and sales. The commissioning editor presents the book and the committee make the final decision about whether to proceed.

Rights

When you write a book, the copyright is automatically yours – you own it and no one can legally copy or publish it. What the publisher buys off you as when you sign the literary contract is the right to publish the book, usually in specific countries, called territories.

Advance

This is the money the publisher pays up front for the right to publish the book. It is often split into a signing advance, paid when the contract is completed, and a publishing advance, paid when the book goes on sale. The author does not have to pay the advance back if the book fails to sell adequately. If the book sells enough copies it earns out. If it doesn’t, then that’s called an  unrecouped advance.

Boilerplate

Much of the literary contract is what is known as boilerplate. These are the parts of a contract that are considered standard and don’t change for different books.

Schedules

Schedules are the bits of the literary contract that change per book: things like what your advance is, which rights you are selling, what the split is on the various subsidiary rights etc.

Subsidiary Rights

These are the rights that are bought by the publisher and then sold on. For example, the right to produce:

  • A serialisation of your novel in a newspaper or magazine.
  • A Book Club edition.
  • An audio book based on your novel.
  • A translation of your novel into a foreign language.
  • An edition of your novel specific to a territory, like a US Edition.

When the publisher sells the subsidiary rights it generates more money for everyone, not just the publishers. The percentages used to split the money are contained in the schedule and negotiated between the agent and editor. The split percentages vary, but are often in the 50:50 or 60:40 range.

Royalties

Every copy of the book sold earns the author a small percentage of the price (typically around 10% of the price, although it can vary). If the book is sold at a discount then the percentage can drop. This is defined as price received, rather than the official published price.

There are three types of cover and the royalty percentage can vary depending on that too. The three types are:

  • Hardback – the most expensive and prestigious edition.
  • Trade Paperback – a bigger format paperback, usually a bit more expensive than the mass-market paperback.
  • Mass-Market Paperback – the smallest and cheapest edition, usually sells the most copies.

Earning Out

Initially, the money the author earns in royalties is set against the money the author has already received as an advance. If at some point the amount earned in royalties exceeds the amount paid as an advance then the author starts to get paid more. This is called earning out. Most books don’t earn out.

Territories

The schedule defines the different countries of the world in which you have sold the rights to publish your book. These are known as territories.

Literary Contracts: Curious Clauses

Additional Copies Clause

This clause states that the author is entitled to a small number of copies of any edition of the novel.

Option Clause

If the literary contract contains an option, then you have to give the publisher a chance to see the next book you write and an opportunity to offer to buy it. You aren’t obligated to accept the offer though, it can still be negotiated.

Reversion Clause

A reversion clause defines under what circumstances you get the rights to the book back. A common condition is if the publisher takes the book out of print then you get the rights back and could then seek to resell them.

Remainders and Pulp Clauses

A remainder and pulp clause will give you the chance to buy any copies of your book that haven’t sold at a commercial price. Normally you can buy them at a large discount or even get them for free. What you will then do with them is another question.

My Contract for A Kill in the Morning

Here’s what the front page of the literary contract for A Kill in the Morning  looks like:

Guide to Literary Contracts: Contract Front Page

 As you can see, the contract for A Kill in the Morning is between me and Transworld Publishers . It was negotiated by my agent, Euan Thorneycroft at AM Heath .

What is A Kill in the Morning about?

A Kill in the Morning  is a spy thriller set in an alternate 1955, where the Second World War ended in 1941 with a peace treaty. The Nazis are still in power in Germany and engaged in a nuclear-armed cold war with Britain and the Soviet Union. The logline is:

After his mentor is assas­sin­ated, a British agent attempts to carry out a revenge attack on the chief of German secret ser­vice, but when he reaches Germany everything he thought he knew about the world is brought into question.

You can read more about it at:  A Kill in the Morning .

When will A Kill in the Morning be Available?

A Kill in the Morning  is scheduled to be published by Transworld in June 2014.

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Any Questions?

If you have any questions about literary contracts or anything to do with publishing, then please email me and I’ll try to answer. If you found the article useful, please feel free to share it using the buttons below.

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