I’ve been asked to write up a list of things to look out for when signing with a small press. This is my personal opinion based on experiences in Small Press and if you have any tip or clauses on contract details, please share in the comments!
A Small Press has made you an offer! Hopefully this was a decision based on the Small Press’s excellent reputation and you’ve spoken to many of their clients who tell you as much. May elevate your books to the degree you desire and reach your desired audience!
But now you have this contract and well, that’s just overwhelming. It’s okay, once you break it down sentence for sentence it’s a little less daunting. Keep your reading within a paragraph at a time.
Contracts can be simple or expansive. Usually, a Small Press will hire an attorney to write one up and it’s the same one all their authors will receive. And while it’s their “Standard Contract” that doesn’t mean it’s industry standard. Ignore claims that their contracts are “Author Vetted” because that doesn’t actually mean anything.
First thing to look at:
You will see yourself defined, your book, as well as the publisher. Make sure these things are correct. Nothing like a typo that sends your royalties to your neighbor.
In this segment, you’ll see you and your publishers defined as “Parties” and your novel is probably “The Work” and that’s all normal contract talk.
You’ll see that you are giving your Work to the other Party and that they have the right to publish in a designated country. There’s often a clause of what to do in an event that someone copies your work.
Please note that theft in this industry is A) Difficult to prove and B) Generally unlikely.
While a large publisher has more firepower, a Small Press is often three overworked editors in a trench coat and will need help with the cost of attorney fees. I’ve never had this issue, and I’ve never encountered a small press that has had this issue. Usually if someone is infringing on copyright, a cease and desist letter does the trick.
Author Responsibilities:
As the author selling the Work, you need to legally attest that you wrote the Work. That you are the sole owner of the Work. That you will send the Work to the publisher for editing and that you will actually edit with them.
This is pretty straight forward. You give the publisher your book and you guys edit it. Different contracts might issue deadlines and others might not. The biggest thing to note is how long the publisher can go without responding during this time.
In some cases, a Small Press might have multiple works being edited and your work falls to the wayside. Then, the 90 days or whatever have come and gone and you’re left wondering how long until edits are done. If they don’t turn out the edits within the time stipulated, you can walk.
And the publisher will breakdown how advertising works, how and if advertising happens, is that your responsibility or no?
You’re no longer able to sign up your stuff for advertising since you no longer own the rights, so if you want to do sales or BoobBubs, you’re not allowed because you’re not the publisher. I did find you can however sign up for GoodReads promos because they don’t ask if you’re the publisher.
Subsidiary Rights:
Can another publisher buy your Audio book rights? What if a publisher overseas offers to publish? It’s not uncommon for Self-Published authors to use agents to navigate their subsidiary rights generally small press is the same way. It should be plainly stated in your contract.
Publisher’s Obligations: IMPORTANT!!
There may or may not be a section that names this specifically, it might be broken down into segments throughout the contract, but these are the things you, the author, should know by the end reading your contract.
Who, What, Where, and When is your work being edited?
Usually this part is pretty easy. You’ll likely meet the editor beforehand and they will explain the process and their editorial style.
What and when are you getting paid?
There should be a table that lays out how your royalties are distributed. Gross royalty is better than Net because you get paid before any deductions come out. (Like deducting your agent’s 15% before you report income on taxes, BTW)
This is usually 20-25% of your sales and it’s usually delivered with a statement once a quarter.
Which company does the Small Press distribute from? And what is their return policy?
Many small press outlets use POD (Print on Demand), some use large press facilities, others use good ole IngramSparks. I personally don’t have any big feedback here, only that if there’s a hiccup in the books coming out, it’s usually here, and not the publisher themselves.
The Big Deal about understanding distribution is what the policy is when it comes to getting your books ordered in stores. In order to do book signings or for your local indie store to carry your book on the shelf, they first must be able to afford it. Bookstores buy books at discount from distributors, and if the discount isn’t high enough, they won’t be permitted to carry your book.
It’s the same for indie, BTW. Marking your book at a high enough retailer discount means the retailer will have an easier time carrying it. I forget which one it is, but I believe 40% is the winner for Barnes and Noble.
Another reason this is important: What happens when the bookstore can’t sell your books? Well, that also depends on your publisher. If the publisher stipulates they are to be destroyed, you don’t have anything to worry about. HOWEVER, if they ask for return copies, and a bunch get returned, that can reflect on your royalty statement.
So you go from not selling the books to having to pay for the copies + shipping. No thanks.
Make sure you understand the discount for booksellers and the return policy.
How long does the Publisher control the work? It’s not always in perpetuity.
Sometimes it’s 3 years or 7 years. Who knows? You should know. Because once those books return to you, you can put them up for sale as an indie and make more money. Sometimes publishers add a right of first refusal (RoFR) and it’s just so that they get first dibs on new work. You can just wait it out if you’re seeking greener pastures, but make sure you know what they define as the Work. Is it ALL work or just full length novels? Your RoFR should stipulate this clearly.
What is the process of Rights Reversion should the author wish to revoke them?
This, my darlings, is thee most important thing to have in a contract. I didn’t have one. So my publisher could flub their hearts out and I had no recourse. The publisher held my books hostage, refusing to give them back unless I PAID THEM!
I did not pay them. They couldn’t even substantiate a real number if they tried. It was a scare tactic. I flat out told them I’d wait for them to close, and they did about 2 years later.
I got lucky. They closed and sold to some weird influencer thing and when they tried to hold the books hostage too, a fellow author with an agent went after them and I merely benefited.
If a small press does not have a rights of reversion clause, don’t sign with them. It’s as simple as that. If it’s not there, you have no way to protect yourself or your work. I know you’re eager and these people seem really nice, and it looks like a great way to get your foot in the publishing door, but it’s not. It set me back years.
If they threaten to rescind your offer because you request a right of reversion clause, that’s manipulative and an even bigger red flag.
So, I think I got all of it… I might come back over the next few weeks and add things that come to mind.
Leave a Reply