If you are trying to get on with a major publisher? You need to read this article. Yes, it is very long. But it is also very telling about what makes money, who gets good advances, and why.

No One Buys Books. By Elle Griffin. It’s from a Substack that has a lot about writing and publishing. Griffin waded through all the testimony and documents related to the trial concerning the proposed merger of Simon and Schuster with Penguin Random House*. Toward the end of the essay, the author observes that indie publishing is becoming more and more important, and that romance has gone almost entirely indie in terms of sales, a few big names aside. Some of the comments are also worth glancing at, although there are a lot of them. The price of trad-pub books, especially hard backs, comes up several times in the comments.

The article was mentioned in the comments on Margaret Ball’s article on Friday, focusing on a different problem: how few new books and authors support the whole trad-pub edifice. Not the political memoirs (aside from the Obamas, and I have a few ideas about who bought the books to read vs. bought to be seen with), not the thousands of mid-listers, but a very, very few super sellers, people like Stephen King or Danielle Steele or Nora Roberts. Possibly some of the upper mid-list like several paranormal romance authors or thriller writers as well, but not the vast bulk of contract authors.

Taken together, the lesson seems clear: indie is for income, trad pub for cachet, perhaps. Especially if you are a romance writer, indie is the place to be. Given the minimal return on effort for the rest of us, indie is also the way to go. The Big Five generally require exclusive rights to the book, the sequels, and the world of the story, plus you to have a social media presence of a certain size, plus residual rights, and a few other things. And you don’t get much of an advance, and you don’t know what your real sales are so trying to find out if you got paid properly is…challenging. Oh, and your agent is the one who gets paid first, and he or she or it takes 10-15% off the top, unless things have changed markedly in the last five years. But the author does the work. And you might have to hire your own copy editor, too. Don’t forget that some contracts (mostly YA, but that might be changing) also say that if your book becomes “problematic” or your social media presence does, the contract can be cancelled and you have to repay the advance.

Dean Wesley Smith said over and over that “Money flows to the author.” It appears that with traditional publishing, money trickles, perhaps, in the general direction of the author. Keep in mind, too, that agents are not copyright lawyers. Most contracts with major publishers are take-it-or-leave-it contracts**, so you don’t have room to challenge anything.

If you really, truly want to be picked up by a major publisher, one of the Big Five, you have to know what you are looking at. You might be one of the very, very few fortunate writers who strike gold. If so, G-d bless you and congratulations! But the odds are not in your favor. Be aware of that, be aware of trends in publishing, and be willing to wave farewell to your IP if the publisher cancels your contract or allows it to lapse but does not revert rights to you.

Image: Image by Steve Buissinne from Pixabay

*I keep trying to type “random penguin.” I blame Passive Guy and his commenters for corrupting me.

**Academic presses as well, although there might be more wiggle room there if you have some experience and an IP lawyer with you.

6 responses to “About that Publishing Contract …”

  1. I end up writing “randy penguin” (and I also blame the commentators on PV).

  2. teresa from hershey Avatar
    teresa from hershey

    Something Ms. Griffin totally overlooked — and I am NOT putting in a plug for them! — is the presence of hundreds, nay, thousands of medium-sized and small publishers.

    The quality of the finished books varies wildly. I think many of them print the manuscript Author gives them, typos and misnaming included.

    But if you’re writing nonfiction or you fit their niche and you’ve discovered you don’t want to go indie, they exist.

    Just off the top of my head: Crooked Lane, Level Best, Entangled, Wild Rose, Sunbury, Down and Out, Belt, Microcosm, Llewellyn, and Oceanview.

    Belt, Microcosm, and Sunbury publish fiction and nonfiction. Llewellyn is occult which might as well be fiction.

    For nonfiction, there are specialty publishers for everything.

    Many of these publishers DON’T have New York overheads nor huge staffs. They get their books into bookstores. As with all publishers, read the contract very carefully.

    But they are an option for some people and they do exist.

    1. An excellent point. Small presses have proliferated, and can be a good option for some writers. Small presses are generally not considered to be “traditional publishers,” for some reason. I suspect because they operate under a different structure, and tend to be a little more niche, as you point out.

  3. I write for Osprey and Arcadia Publishing. They do not demand exclusivity. (Although Arcadia will try to sneak that in, you can remove it from your contract. I do, regularly.) I also do not have an agent. I also have a book of children’s stories under contract with St. Innocent’s Press. That was a reasonable contract.

    Osprey is work for hire. I get paid up front and don’t care about the sales afterwards. That means I can pitch books that probably won’t make the up-front payments through royalty sales. Plus I put two kids through college with the book payments. (Mind this was in the 1990s and ’00’s. College fees have soared since then.)

    There are lots of small, independent publishers throughout the country. I suspect a mix of indie and these publishers will give the best combination of cash flow and publicity.

  4. Thank you for the article; it’s a helpful breakdown in one place of stuff I’ve seen kind of piecemeal.

  5. Indie Presses are a great option for authors. I do most of my publishing with Cirsova, but I’ve been published by a number of others. You have to be more proactive, and take a larger role in the production of the book (and the dreaded promotion) but you also have more creative control.

    Since I only write short fiction, I work with a lot of different publishers. Maybe I’ve just been really lucky, but with very few exceptions I have found that small indie presses treat every single book that comes out under their imprint as a serious project and lavish on it the kind of personal attention that trad pubs only give to their blockbusters–if at all.

    Working with indie presses–particularly when they are new–you do run the risk of having a publisher fold out from under you. That has happened to me several times, but I’ve always recovered the properties and placed them elsewhere.

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