How can the author avoid stepping into the contract minefield?

The spirit of the writing contract is to protect the author and the publisher with each other and establish specific rights (what I can get) and obligations (what I have to pay). For a contract to work effectively, it must envision all possible scenarios and describe it in black and white. In the past, publishers and authors stood in the sunshine of "culture" and chose to use "tacit understanding" and "trust" to walk through the red tape and philistine red tape, but cast a huge shadow.

Today, understanding the "authorization contract" is one of the work qualities of all writers. But after all, it is like a legal document, full of eloquent words and the division of rights, which always makes people feel "creepy" when reading it, and even makes people think: "Are you going to sue me for this in the future?"

But such concerns can also be said to be the two sides of each other. There should be more examples of the reverse than the publisher suing the author.

In "Often Forgot to Sign: Book Publishing Contract" (recently related to this...), the composition and elements of the "Book Publishing Contract" have been explained, and a template is provided for readers to check. However, before reading the contract, the author or publisher should first clarify their own needs and cognitions, first know what rights and interests they have to protect and what risks they have to bear, and make psychological preparations for expectations. Authors and publishers can handle contract matters through their respective agents, as long as they clearly understand their own needs first.

What does the author want?

As an author, you must think about the book "Why publish it?", "To whom?", " What do you want to gain from publishing this book? " , try to anticipate the following questions, and see if the publisher's answer satisfies you:

・When do I have to submit my manuscript?
・Should I use a pseudonym?
・How do I submit a manuscript?
・Do I need proofreading?
・Can I decide the layout and cover?
・When will my book be published?
・How many copies of my book will I sell?
・Do I have to pay?
・How much can I get?
・When will I get the money?
・Will the publisher steal my book?
・Can I get a free book?
・Do I need money to buy my own book?
・Can I sell books by myself?
・My family and friends want to buy books, are there any discounts?
・Can I get the typesetting electronic file?
・Will my book be made into an e-book?
・How to calculate the royalties of e-books?
・Can I have free e-books?
・Can my book be sold in China (overseas)?
・Should I help promote it?
・Will the publishing house help me make appointments for announcements and speeches?
・Is there any money for my announcements and speeches?
・How long will my book be on sale?
・What if my book is sold out?
・What should I do if my books are not sold out?
・Can I switch to another publisher?

• When do I have to submit my manuscript?

 If the publishing house invites manuscripts, or signs a contract for the creation of a series of manuscripts, the author's submission deadline will be agreed to prevent the author from being rotten. In order to get the contract, sometimes the publisher will provide "advance royalties" (perhaps the full amount of the first brush) to the author, but if the author fails to pay within the time limit or abandons the writing plan, the publisher will recover this fee. What's more, the publisher will propose a "penalty clause" to require the author to compensate the publisher. Authors must carefully evaluate whether they can do it, otherwise they need to agree with the publisher to delete this clause, or communicate a reasonable deadline for submission.

• Do I use a pen name?

 Authors can request to be published anonymously (pseudonym), but they must still sign their original name and ID number on the contract. A pseudonym is a personal asset that belongs to the author and is usually not owned by the publishing house. When the publisher's contract makes a request to bind a pseudonym (it cannot be published under the same pseudonym in other publishers), be sure to refuse.

• How do I submit a manuscript?

 Each publishing house has its own rules (writing style). If you are used to writing by hand, it is recommended to pay for the computer to type it into an electronic manuscript. Generally speaking, plain text and Word files are accepted. The format of the manuscript will be specified in the contract. Depending on the nature of the manuscript, you may be required to submit electronic files, printed paper copies (for review) and other original materials (such as negatives) or electronic files. Usually publishers are not responsible for the storage of these materials and must keep backup copies.

• Do I want to proofread?

 The author must cooperate with the proofreading, which is also a manifestation of being responsible for his own name and content. However, not every editor will show the author the traces of revisions (especially in the first draft, a large number of redundant words and typos are usually revised), you can ask the editor to provide it, depending on the tacit understanding and trust of your cooperation. Usually, the author will be asked to add text and adjust the layout from the whole manuscript to the first proofreading of the typesetting, and then only make detailed corrections for typos and misplacements.

• Can I decide the layout and cover?

 Yes, but it is recommended to respect the professionalism of editors and designers. In the stage of binding design, the editor will communicate the design requirements to the designer based on his own planning concept and understanding of the manuscript. After the editor and the designer propose the layout and cover draft, the editor will let the author understand the current design plan. When designers come up with several different proposals, there is an opportunity for authors to choose from them (or even publish different versions of the cover). If your book rights are sold abroad, you can also request a review of the cover design. You can suggest a designer appointed by the publishing house, but it may not be adopted; if you insist, you may be asked for an "author grant".

• When will my book be published?

 Signing up does not guarantee publication. The contract will specify the publication period, usually within 12 to 18 months after submission. If it is not published within the time limit, the author can terminate the contract upon request to avoid the copyright being withheld by the publisher. You can also not terminate the contract, but ask the publisher to compensate. If the publisher expects a series of books to be published steadily, some contracts will have a "pressing manuscript" provision, which in turn restricts the author to have a certain amount of manuscripts before publishing.

• How many copies of my book will I sell?

 The number of new books published by Taiwanese publishing houses starts from 500, and is generally 1 or 2,000. As far as I know, a book that sells 10,000 copies within three months of publication is called a bestseller. A few contracts will specify the number of copies to be printed for the first time, and you can evaluate the publisher's forecast and expectation of the market based on this.

• Do I have to pay?

 In principle no need. But if the author wishes to produce the book in a way that exceeds the publisher's budget, he may be required to "author grants", such as requiring the author to pay the fee of a designated cover designer, overrun printing costs, and so on. The difference between author grants and self-publishing is that the former still evaluates whether the manuscript is worthy of publication by the publisher. Publishers may also require authors to "subscribe" for books, for similar reasons.

• How much can I get?

 When signing the contract, it will be agreed whether to pay the remuneration in royalties or to pay a "buyout" fee. If it is the latter, it is the property right (including subsidiary rights) of the work that is permanently sold, and only the personality right of the work (the name of the original work) can be claimed. The calculation of royalties is: [Royalty % × Price × Actual Sales Quantity]. The current royalty level is between 8% and 15%. You can ask the publisher to calculate the royalty based on a "progressive royalty rate". When the sales volume reaches a certain amount, increase the royalty percentage. Calculating the royalties based on the actual sales volume means that donated books, damaged books, returned books, etc. are not counted in the royalties. Prepaid royalties means that you pay a certain amount of royalties before publication (even if this sales volume is not reached in the future), but will continue to pay subsequent new royalties until the actual sales volume exceeds this amount.

• When will I get the money?

 Based on accounting costs, the publishing house usually pays royalties every six months or every year (and also wait for the middle and lower reaches of the publishing house to return the sales volume, so the time is often not fixed). If the amount is lower than a certain number, the publisher will ask for the payment to be accumulated until the next period. Authors can request a review of royalty calculations to see current sales. The settlement of royalties is an important responsibility of the publishing house, and the authors should be proactively and regularly informed of the annual sales status and royalty calculation details.

• Will the publisher steal my book (and give me less royalties)?

 Authors can ask the publisher to inform the print volume, and even request that an "author's seal" or "authorization sticker" be affixed to the copyright page of each book to avoid any piracy. But now it is rarely done, in addition to increasing the cost (in time and spirit), it is also easy to cause tension between the author and the publisher. Publishing houses usually don’t need to do this. If they can’t sell more prints, they will lose money. Why should they take such risks if they can’t sell?

• Can I get a free book?

 Usually you can get 5 to 20 free books. When the author signs a contract with the publishing house, the property rights of the work belong to the publishing house (exclusive authorization, which excludes the author himself), so the book given by the publishing house to the author is only a "gift". So when authors need their own books, they still need to buy them. Another way of "author subsidy" is that when the author has a large demand for buying books, the publishing house simply gives the author a book royalties.

• Do I need money to buy my own book?

 Yes, but with a discount. The contract will specify the author's discount on book purchases, usually 40% off (but not counting royalties).

• Can I sell the book myself?

 No, but you can help the publisher sell it. As mentioned in the title of the same gift book, the property right of the work belongs to the publishing house at this time, so even the author cannot use it privately (including self-selling). Authors can pull their relatives, friends, and communities to buy books through themselves, but the revenue must still be distributed by the publisher. For example, in the past, it was common for teachers to "recommend" students to buy self-published textbooks in the classroom, and the income was still collected by the channel.

• My family and friends want to buy books, is there a discount?

 If it is not through the author, it is just ordinary readers. Unless the threshold of the group purchase discount stipulated by the publisher is reached, or the event is eligible, there is no special discount. In other words, buy books for friends and relatives through the author's presence (not just by name).

• Can I get the typesetting electronic file?

 Basically not. Typesetting files, like printed books, belong to the property of the publishing house, and in order to avoid accidental outflow and the author's private printing, publishing houses often refuse to provide electronic files of typesetting manuscripts. (Maybe it can be given to you by the concave publishing house, but that is concave, and the publishing house will only provide low-quality files for non-printing purposes)

• Will my book become an ebook?

 If the contract has a license to the publisher, there is a chance to do it. There will be a cost of re-publishing (ePub) for producing e-books, which may range from 3,000 yuan to tens of thousands of yuan each. It also needs to sign a distribution contract with a channel and platform specializing in e-books, so it may not be every publisher. Will put effort into making e-books. But if you don't authorize publishers to make e-books, you can't license other people to make e-books either (the contract rules out that kind of competition).

• How are the royalties for e-books calculated?

 Because the sales and checkout structure of e-books are changing with each passing day, and the distribution models and profit-sharing mechanisms signed by publishers and various platforms are also different, the revenue of e-books is usually not linked to traditional royalties. E-books are now generally regarded as a kind of ancillary rights, calculated at a certain percentage of the publisher's actual revenue.

• Can I have free ebooks?

 In the current mechanism, e-book files are managed by the platform, and only publishers can donate e-books to authors through the platform unless they put them on the shelves. Even for authors, to read e-books, they must purchase an e-reader for the corresponding platform, or use the web version. If the original ePub file is produced by the platform business, the file is not owned by the publisher.

• Can my book be sold to China (overseas)?

 This depends on the strength of the cooperation between the publishing house and the distribution channel. You can usually find out from the overseas book purchase portal information published by the publishing house. If you know which dealers specialize in the overseas book market, you can also directly ask the publishing house whether they have cooperated with them. For Taiwanese books to be put on the shelves in China, they usually have to go through two procedures: self-censorship of the channel and censorship in China. Therefore, it is impossible for certain types of books to be sold in China.

• Should I help promote it?

 Generally speaking, to. Unless you make a firm statement from the beginning that you are completely non-disclosure, do not get involved in the publishing house's marketing, and do not hold any public lectures and events. Since not every author is suitable for the stage, the publishing house will also coordinate with the author to help promote the degree after evaluation.

• Will the publishing house help me make appointments for announcements and speeches?

 During the publication of the new book, the publishing house will try to arrange suitable publicity methods, including the publication of the new book, thematic lectures, dialogues, interviews, etc. Unless the publishing house intends to actively manage the author's image and personal media, outside invitations and other arrangements for activities are usually handled by the author's agent, and the author is paid by himself.

• Do I get paid for my announcements and speeches?

 If the other party takes the initiative to invite, there is room for discussion. As for the publishing of new books, thematic lectures, talks, interviews, etc. sponsored by the publishing house, which are based on the activities of “book-picking” for authors, there is usually no additional remuneration, and they even have to pay for their own travel expenses. If the publishing house intervenes in the author's public relations and operations, there may be a series of provisions for the distribution of benefits and the author's words and deeds.

• How long will my book be on sale?

 The first contract is usually signed for a five-year period. During the contract period, the property rights of the work belong to the publishing house, so the publishing house can evaluate how much to print (how much to sell), and usually during the contract period, as long as it is in stock (not out of print). ) will continue to be sold. Before the contract is about to expire, if the two parties do not take the initiative to terminate the contract, the contract will be automatically extended, usually for two years each time.

• What if my book is sold out?

 If it is sold out within the contract period, and the publisher has no intention of reprinting or republishing, the author can voluntarily request to terminate the contract before the expiration of the contract, so that the property rights of the work after the expiration will return to the author and hand it over to other publishers for republishing. ; But you can also expressly require the publisher to terminate the contract immediately when there is no reprinting, reprinting or no circulation within a few years when signing the contract.

• What if I can't sell my books?

 After the contract expires, if the work is sold out, the inventory will be disposed of according to the contract. Basically, the publishing house will want to continue selling and paying royalties until it is sold out (and then declared out of print). Before the publishing house sells out, the author can already publish the work separately; but if the author has already published another book, it usually avoids competition and competition. The crowding-out effect requires the original publisher to remove the shelf and destroy the inventory immediately after the termination of the contract; the third method is to let the publisher clear the inventory at a very low price (such as 50% off), and pay the author with a lower royalty, or It is simply provided to the author to subscribe at a very low price, but no royalties will be settled. As for the publishing house, once the cost of inventory is greater than the profit, it is possible to actively destroy the inventory. The contract does not necessarily specify how the inventory will be handled, but provides space for the author and the publisher to negotiate in the future, but the prior agreement will be more secure.

• Can I switch to a different publisher?

 The publisher will only sign an "exclusive license" contract with the author. During the contract period, neither party may terminate the contract arbitrarily, nor arbitrarily transfer the contract to others. Unless either party constitutes a breach of contract, such as "the author did not submit the manuscript, the author violated the copyright, the publisher did not pay the royalties immediately or the payment was wrong, the publisher did not publish in time...", the other party may request immediate termination of the contract, or require a certain period of time. internal improvement. After the contract is terminated, all rights return to the author, and then the author can find another publishing house to republish. Another situation that authors will encounter is that during the contract period, the publisher will request a "priority review". When a publishing house intends to manage the author and his works, it is hoped that the author will keep future publishing plans in his own publishing house. Under the same conditions, the publishing house will ask the author to give the manuscript to the original publishing house first.

Looking at it carefully, there are quite a few authors who have to worry and worry before publishing. However, once there is a problem with the publication, and the two parties have ambiguity in the interpretation of the contract, it is easy to fall into disputes and disputes. At this time, if the author can have an agent who can handle contract matters and legal issues on his behalf, and directly connect with the publishing house window, it can reduce a lot of unnecessary burdens.

In addition to the above problems, it should be noted that contracts usually reflect the current industrial situation and perspective of an era. In an era when the publishing industry is becoming more and more open and the society's knowledge of copyright is becoming more and more clear, especially the book publishing industry has fallen into a depression with small profits and low sales, any legal disputes are unbearable tragedies (whether it is public relations, or financial).

Publishers must take the initiative to lead authors to protect their own rights and interests, and sign contracts with authors with a shared attitude to safeguard each other's rights and interests. Authors should actively think about what they want from publishing, what they cannot give up, and what they can let the publishing house manage. The tacit understanding of "no words" protects himself and gives confidence to the publishing house.