A
little over a year ago the Authors Guild initiated an effort to win greater
digital royalties from book publishers.
In its letters to publishing houses it asked that standard contracts
reflect at least a 50% royalty rate on net e-book income, instead of the
typical 25% found in current agreements.
The letter also demanded that book publishers give the publishing rights
back to writers once it stops supporting a book. Their letter said authors “should not have
their hands tied with non-compete and option clauses that can make it
impossible for them to write new books without delay.”
The
May 2015 “Fair Contract Initiative” sounds ideal but so far there’s no apparent
breakthrough in the way publishers conduct business. The Authors Guild has been meeting with
publishers to advocate for authors and present its demands.
Something
significant would have to happen in order for the majority of the major
publishers to cough up money or show flexibility in its control of an author’s
work. As long as the Big 5 keeps merging
other presses into its fold, their power grows over authors and literary
agents. Until an independent publisher
not only offers a great royalty rate but can deliver enough sales for it to
mean something, the Authors Guild may feel a chilly reception.
The
Authors Guild uses strong language on its website when asserting its intentions
and values. It says: “Times have changed in the book world, but
the ‘standard’ publishing contract has not kept up with the times. Today’s standard book contract is filled with
terms, conditions, and language that would be recognizable to authors of a
century ago, a remnant of a by-gone era when e-books, print-on-demand, deep pricing
discounts, and online booksellers weren’t even a gleam in the eye.
“At
the same time, new overreaching clauses have been added to insulate the
publishers from any potential loss, placing all risk on the author. Yet, today’s authors are often asked to sign
these standard agreements “no questions asked,” and if they question
author-unfriendly terms, they are often told the clauses are 'not negotiable.'”
It’s
been a battle forever in book publishing, where authors say they deserve a
bigger share of the profits and publishers push back talking about costs, risks,
losses. Maybe the best solution is for
authors to receive things on a scale, so everyone’s treated fairly and there’s
an incentive for success. For instance,
why not have the royalty increase based on how many books get sold? Instead of an author getting 25% for ebook
sales, fill contracts with bonuses, such as:
If
ebook sales exceed 5,000 copies, the royalty on copies 5,001 + will pay out at
a 50% rate. This type of scale has been
done on paper books, where once a threshold is met, the royalty jumps up. This way publishers are in a position to make
sure they recoup costs and at the same time reward successful authors.
There
should be bonuses for awards won, hitting a best-seller list, and for reaching any other
relevant benchmark. At the same time, in
cases where authors do not receive an advance or a very small one, their
royalty rate should start out at higher
rate because they too are taking a risk of being with a publisher who isn’t
showing real support for the book.
Author
contracts need to have language about PR and marketing. That’s really what sells books and unless the
plan is quantified and detailed into the contract it's as if no plan really
exists.
Publisher-author
contracts have improved over the years and more writers are educated on the
terms of their agreements than before.
Writers have more options to choose from in terms of how to get
published. Whatever the royalty rate,
publishers and authors must see each other as a strategic partner and not an
adversary. The goal is to sell lots of
books because then everyone wins.
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Brian Feinblum’s views,
opinions, and ideas expressed in this blog are his alone and not that of his
employer. You can follow him on Twitter @theprexpert and email him
at brianfeinblum@gmail.com. He feels more important when discussed in the
third-person. This is copyrighted by BookMarketingBuzzBlog © 2016
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