Getting a contract from a publisher is exciting, especially for an unpublished author. However, some misconceptions about how these contracts work can lead to bitterness or regret later on. Here are some common myths people have about publishing contracts.
- You can’t negotiate your publishing contract.
Authors, particularly authors looking at their first publishing contract, often assume that these contracts are nonnegotiable; they can either sign what’s handed to them or they have to walk away. This is not true. While authors often have less bargaining power than the publisher, they can and should ask for modifications to fit their circumstances better. Publishers will negotiate these requested modifications, but if they’re unwilling even to discuss any changes you should be concerned if this is a publisher you want to work with.
- Verbal promises are part of the publishing contract.
A publisher can promise the moon and stars over the phone, but it’s not binding if it’s not in the written contract. Written promises outside the contract (e.g., a promise made over email) might be enforceable, but it depends on the circumstances and the judge making the decision. The only way to be certain a promise will be carried out is to have it clearly stated in the contract itself. If a provision is important to you, make sure it’s in the document you’re signing.
- You can always change or get out of your contract.
Once the contract is signed, you are bound by its terms. The only modifications you can make from that point are the modifications the contract allows. You can only terminate the contract if it allows it and the conditions in the contract are met. If you’re unhappy with the contract and didn’t include a provision allowing you to terminate, you’re stuck with it for the foreseeable future. This is why it’s so important to understand what you’re signing and to make sure the contract includes a method for you to back out if things are not going well.
Keep all this in mind, but don’t let it discourage you. Publishing contracts are something to be excited about; they shouldn’t be scary or intimidating. With a bit of discernment and some expert guidance, you can confidently move forward on your publishing journey. If you would like help reviewing or negotiating your contract, please get in touch with me at kaway@kawaylaw.com.
