PUBLISHING
Benefits of an Publishing Attorney
One advantage to having an agent is you have an advocate. They will usually get the book deal, but if you were able to obtain a deal without an agent, they can help you with the contract. Your other option is to hire a publishing attorney with not only contract experience but a strong understanding of intellectual property law. While you may only be focused on the size of your advance, a competent publishing attorney will ensure ALL of your intellectual property rights are protected.
What is Publishing Law?
Publishing law is not one specific area of law, instead Publishing Law touches on several practice areas. Those areas include Copyrights, Trademarks, Contracts, Business Law, and potentially Wills and Trusts. It addresses the creation, distribution, display, and performance of copyright protected content, including derivative works of authorship.
What is the Current Publishing Landscape?
The current publishing landscape is characterized by a shift towards digital formats, self-publishing options, and online distribution platforms. Traditional publishing houses still play a significant role in the management of an author’s work. That said, independent authors and small presses vendors have gained a reputation because of greater online access to publishing tools and worldwide distribution channels. This broad landscape includes traditional publishing, self-publishing, vanity/subsidy publishing, and online publishing through blogs and social.
What is a Traditional Publisher?
There are essentially three types of publishers: traditional publishers, self-publishers, and vanity/subsidy presses.
Getting published with a traditional publishing house is the gold ring. The prize that many authors desire, but the prize that few get to touch. Traditional publishers are viewed as a one-stop shop with access to the greatest number of distribution channels. They offer comprehensive services to authors who qualify for the traditional book contract, e.g., editing, promotion, marketing, and distribution. In addition, access to big media outlets, as well as the opportunity to be published by a big named publisher offers cachet. One thing to consider, your book project might not get the attention it deserves over time. Publishers bore easily if your book does that immediately make money. Plus, unless the author has a huge platform or is a celebrity, she may get no advance from the publisher and receives a tiny percentage of the profits called royalties.
What is Self-Publishing?
The self-publisher is, as its name implies, where the author publishes her own book. No middle person is needed. This publishing method affords the author the greatest amount of freedom and flexibility; she is the boss on every level: complete creative control. The self-published author decides how large or small the book, number of pages, title, cover, all content, and so much more. The downside of self-publishing can be that the book is of mediocre quality. The self-published author is often unwilling to be open to feedback, which can be useful. They may also be unwilling to invest in quality editing, quality book production, and quality artwork, as well as promotion and marketing.
What are Subsidy/Vanity Publishers?
If an author is unable to secure a book deal with a traditional publisher and the author doesn’t want to invest in self-publishing, working with a small, non-traditional, vanity/subsidy publishing house may be the answer. These are often independently controlled and provide a hybrid model that sometimes marries the benefits of traditional and self-publishing. An advantage is the author gets to keep a significant portion of their earned monies. However, the author also pays for everything, e.g., promotion, editing, marketing. The author has access to fewer distribution avenues. In addition to a hefty upfront fee to publish an author’s work, these publishing venues take a percentage of the royalties.
What is a Traditional Publisher?
There are essentially three types of publishers: traditional publishers, self-publishers, and vanity/subsidy presses.
Getting published with a traditional publishing house is the gold ring. The prize that many authors desire, but the prize that few get to touch. Traditional publishers are viewed as a one-stop shop with access to the greatest number of distribution channels. They offer comprehensive services to authors who qualify for the traditional book contract, e.g., editing, promotion, marketing, and distribution. In addition, access to big media outlets, as well as the opportunity to be published by a big named publisher offers cachet. One thing to consider, your book project might not get the attention it deserves over time. Publishers bore easily if your book does that immediately make money. Plus, unless the author has a huge platform or is a celebrity, she may get no advance from the publisher and receives a tiny percentage of the profits called royalties.
What is the Role of a Literary Agent?
The primary role of the literary agent is to attempt to secure a book deal for the author. The agent is the conduit between the author and the traditional publishing house. The agent acts as the author’s proxy when it comes to matters pertaining to the publisher. In addition, the agent guides the author through the maze of the publishing industry and helps them understand the business of publishing. Agents generally get a percentage of the book’s advance (if there is one) and a percentage of the royalties on any book(s) the agent procures on behalf of the author.
What is the Role of a Publishing Lawyer?
A publishing lawyer specializes in legal matters related to the publishing industry. Their role includes reviewing and negotiating publishing contracts, protecting authors’ intellectual property rights, counseling on issues, such as licensing and distribution agreements, what clauses in book contracts mean, and ensuring legal compliance in all aspects of publishing. An author might have an agent and/or a lawyer. Successful agents are equipped to negotiate contracts, but if an author gets a book deal without an agent, that author would be wise to contact a competent literary lawyer to review the contract.
What is a Publishing Advance?
Contrary to popular belief, if an author receives an advance to write a book, it is a loan, not a gift. This loan payment serves as an advance against future royalties. If the book doesn’t sell enough copies to repay the loan, then the author gets no additional monies. If book sales exceed the amount of the advance, then after the publisher is reimbursed for expenses, the author starts to receive royalties. Royalties are the negotiated percentage authors are entitled to after the advance is repaid and all negotiated expenses are received by the publisher.
What is Meant by a Platform?
In the publishing arena, a platform is the author’s ability to sell books. Publishers look to an author’s following as potential book buyers. The more followers an author has, the more excited a publisher gets. The size and breadth of a platform make an author appealing to a publisher. With that in mind, for any new author looking for a traditional book deal, start building your platform now. An author’s platform might include speaking at large events, television appearances, celebrity status, influential social media presence, prior book sales, and much more. The key question to answer is how you will sell books.
What Goes into a Book Proposal?
Think of a nonfiction book proposal as an author’s sales prospectus. It’s the document that sells an agent and subsequently a publisher on you and your book idea. The book proposal typically includes an overview of the book that outlines its main themes and unique selling points, an “About the Author” section highlighting the author’s credentials and expertise, a promotion plan detailing how the book will be marketed and promoted, a comparison to complementary books to position it within the market, and sample chapters or a chapter outline to give a preview of the book’s content and structure. This comprehensive document aims to convince publishers of the book’s potential for success.
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