Workshop: Deadlines, royalties and libel risk

The success of Fifty Shades of Grey has highlighted once again the significant money which can be made from print publishing even in the digital world. Yet for most authors the decision to self-publish may not be appropriate, particularly for non-fiction, where the traditional route to market remains working with a publisher. In fact it may well be the preferred route for the author who requires the support and guidance of an established publishing house.

But those resources and commitment come at a cost, so what should an author expect to see in any agreement submitted by the publisher and for what should you look out on their behalf ?

From the author's perspective the publishing agreement will inevitably appear significantly biased in favour of the publisher, placing obligations on the author to deliver his manuscript within a certain time and in accordance with an agreed word limit and probably an agreed structure and working to an agreed outline.

It will entitle the publisher both to edit the work and to determine distribution channels both physical and electronic, letting them determine a recommended retail price as well as setting the size of print runs and arranging promotions to support the book at launch.

Key issues you need to look at when asked to advise on the contract include copy deadline, no-compete clauses, advances on royalties, and how royalties are calculated, including for digital sales (see box).

Digital rights

Remember that the underlying concept remains that the author retains copyright and that the publisher therefore only acquires those rights expressly granted under the publishing contract.

The time to assert the author's rights is at that stage. More than sufficient time has passed since the digital revolution to ensure that publishers agreements will specifically take account of web publishing and other soft forms of media, including audiobook rights, but look carefully at any first film rights and foreign language rights and the right for the publisher to sub licence. So while you can expect the publishers to require your client as the author to co-operate in limited rewrites within a defined period of time after the delivery of works, take care to restrict the publisher's power and, following good practice, ensure there is a right of audit in relation to royalties.

Finally where the publishers may require autobiographical notes and photographs to promote the book, do ensure that the appropriate copyright clearance has been obtained from the photographer.