We know, that's one hell of a scary tip and likely has you worried. It's not meant to worry you but to be a sound piece of advice.
Most of us can't understand the intricacies of legal jargon. Most of us don't ever want to try and understand the intricacies of legal jargon. This is why there are lawyers. Of course this leads to a egg/chicken like joke - which came first, the contract or the lawyer?
Lawyers understand the legal language and, in your new career, you will end up seeing a bit of it. Every contract sent to you by your publisher is a legal vipers nest of loopholes and pitfalls all designed to ensure the publisher comes out on top. While you, the author, depending on the situation that results in possible legal action happening, end up somewhere perfect pristine to right at the bottom and buried under all that legal mumbo-jumbo. Finding a lawyer that understands, specifically, the literary world you are entering is key but can be a little tough to do depending on where you may live. If you happen to know a lawyer, even in passing, ask him/her about someone they may know or a firm they may know of and might recommend and remember to tell them why you are asking. Don't use a family member no matter how tempting it is, or how inexpensive. Now, you may not find a lawyer that is specifically geared toward the literary world but finding one that understands contracts and all the legal loops, hoops and holes involved in one is a great second option.
We're not saying go out and find one to put on retainer, trust us, you cannot afford that. Unless you are independently wealthy in which case you likely already have a lawyer and don't need this advice at all.
Find one that you like, that you feel comfortable with and one who is willing to work with you on a "case by case" basis as it were. No, you won't need a lawyer each and every time you need to sign a book contract. But having one to read over that very first contract, or two, with you and translate it into common English, is a huge plus. Then, if you have need of their services, you can reach out and talk to him/her.
When you do go through your very first contract with the lawyer, make notes and ask questions. This is their world and you need to understand it at least on some level. Because you absolutely MUST read each and every single contract you get from your publisher. They can, and often will, change their contracts as the world of copyright law and the book world in general, changes. They are not required to inform you of any alterations/changes they have made to their contracts, you are completely responsible for reading through your contracts each time one is sent to you. To that end, you need to be able to spot the differences in a contract and, if necessary, talk to your lawyer about the alterations and how, if at all, it affects you and your works.
There is so much more we could cover on contracts, and we will in posts to come. This particular subject has many points that you might be interested in. Now, remember, this is all from our point of view - not everyone has had or will have trouble when it comes to contracts. Better to be forewarned of what might happen than not we say.
Well, there you have it, our two cents to start you thinking on this subject. Hope you are all having a wonderful start to the weekend and we'll posting again soon.
The Moderator
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