Know Your Rights.

by Adrian Sroka
6th September 2016

Know Your Rights - Don't Sell Yourself Short.

I hope the reader finds some of the listed information useful.

Important advice listed below for would-be authors to copy and save.

AUTHORS RIGHTS

Anthology and Quotation Rights

These are the rights for the publisher to grant permission for another publication to quote from or include your work in an anthology. The author would usually be consulted before this took place.

Audio Rights (Abridged)

The right to record a shortened version (you may get approval of the abridgement) of your book for sale on tape, CD or digital download.

Audio Rights (Unabridged)

The right to record the full, verbatim text of your book for sale on tape, CD or digital download.

Book Club Rights

Book Clubs such as The Book People and Scholastic Book Fairs receive high discounts from publishers for committing to a certain number of copies - as a result the terms agreed in your contract will be different to the terms for other book sales.

Copyright

Copyright is established as soon as you create your work. However, all it protects is the expression of your idea. You cannot copyright the idea itself. In the UK, copyright remains for 70 years after the death of the author and until that point permission should be requested to use or quote from works.

Exclusive

If you sign exclusive rights to a publisher then they are the only ones who can exploit those rights in the territories you have agreed with them.

Film Rights

Film companies will option the rights to a book so that they can make the film adaptation - some of these options never turn into film deals but you get to keep the money, and you might be able to sell the option again.

First Serial

First Serialisation rights are more common to high profile biography and other non-fiction. They are usually sold to newspapers/magazines to generate press prior to publication.

Foreign Rights

These are usually sold to international publishing houses to enable them to translate the work into their native language, or to publish their own edition in agreed territories if the language remains the same.

Intellectual Property Rights (IPR)

There are rights associated with anything you create (your intellectual property) which you can exploit to gain revenue.

Merchandise Rights

Merchandise rights enable companies to create non-book products that are a spin-off from your work.

Non-Exclusive

Non-exclusive rights are more common with companies who help indie and self publishers than they are with traditional publishers. It means that while one edition of your work is produced by a company; you could also produce another edition, in the same format, language or territory yourself.

Permissions

Permissions are usually granted, by you or your publisher, to people who want to quote from your work. They would usually pay a fee for this depending on what they wanted to use it for. You will also need to clear permission for any copyrighted material you quote in your own work - such as in an epigraph.

Radio and TV Straight Reading

A straight reading for Radio and TV is different from a dramatisation and can be sold separately.

Royalties

Royalties are a pre-agreed percentage of revenue that the publisher will pay to you per copy of work sold. Typically these would initially be set against your advance and only when that had earned out would you start receiving additional payments.

Territory

When you sell rights you agree which territories, or countries, the publisher can exploit those rights in. This means you could sell English rights to a company in the US for publication in North America, while also selling English rights to a company in the UK for publication in the UK and commonwealth.

Translation Rights

You can sell the rights for a publisher to translate your work into another language and sell the foreign language edition of the book in the territories where that language is spoken.

TV and Dramatisation Rights

These rights cover companies who want to dramatise your work for television or radio play.

I hope this brief summary offers a basic understanding of the kind of rights which authors should be aware of, and the potential opportunities. The question is how can I, the author, be doing more to ensure I am best maximising these rights?

Would-be Author’s Royalties.

The time to negotiate your rights is when your publisher offers you a contract. Do not sign a contract without taking expert legal advice. If you are foolish enough to do so, you will probably find that you have signed all your rights away, and that you're tied to a long book deal with them. You should avoid vanity publishers, or other types of publisher that want to charge you money to produce your book. It is always advisable to first try and hook an agent, then let them negotiate on your behalf.

The main things you should consider are agreed royalties on a rising scale, the more books you sell. Electronic rights, English rights, foreign writes, film writes.

Royalties are usually agreed at between 8-12% a copy of a would-be author’s debut novel.

It's important to realise that royalties are not based on the jacket price of your book. Publishers give huge discounts of 50-65 per cent on the jacket price to wholesalers and book clubs.

Say you secure a deal for 10% royalties. Also, that your novel is priced at £5. With a 50 per cent discount to a wholesaler, you would receive 25p a copy. That's £250 for every thousand copies, £25.000 for a 100,000 copies, so don't pack up your day job.

It's not all bad news, because if you self-publish on Amazon, you will receive 70 per cent royalties.

I hope this summary offers a basic understanding of the kind of rights which authors should be aware of, and the potential opportunities. The question is how can I, the author, be doing more to ensure I am best maximising these rights?

I hope that helps.

Good luck.

Replies

Good replies.

Jimmy. Yes, I have posted this article before. Again as a reminder, and for new members.

Lorraine. Your additional advice is most welcome.

We can but dream of being an award-winning, best-selling author, but the reality is few authors make a good living from writing. To expect financial success is inviting disappointment.

Most that profit handsomely from novel writing are established authors.

However, on the plus side, there is always room for another author to force their way to the top.

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Adrian Sroka
07/09/2016

A thought, though, for self-publishers (on Amazon and elsewhere):

I was on the road to signing a contract with a publisher in Barcelona which was considering bringing out 1,000 copies of my children's book in Catalan, and 1,000 in Spanish. This contract would have brought me 1,960€ as an ADVANCE (on illustration royalties: no writer's advance!). And 12% of sales price (for text + illustrations) on each book sold. (Now that you mention it, I don't know if this meant 12% of their price to bookstores, or 12% of shelf-price. Hmm!)

Due, basically, to the publisher's taking umbrage at my unwillingness to consider him God (and therefore infallible), this deal fell through, and he said that he would NEVER consider another book of mine.

As a self-publisher, having to pay [up-front] amateur prices for limited print-runs (this does NOT apply to e-books*), I am actually 100s of € in debt for a book that I find difficult to sell. (Virtually no one knows of our publishing web-site + there's a HELL of a lot of competition out there!)

So remember, Kiddies: if you want to be published, the publisher IS God. (And if you self-publish, you become a deity.)

* Not a particularly suitable format for children's picture-books.

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Jimmy Hollis i Dickson
07/09/2016

I've read comments from several FAMOUS writers who say that it would be impossible to live on royalties alone. They supplement their income by public readings and book-signings, lecture tours, etc.

Whoever wants to become a writer for the money had better have another think!

As a SMALL-time publisher, I'd advise you against that, as well... unless you treat it as a labour of love (as I do).

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Jimmy Hollis i Dickson
07/09/2016