Monday, January 6, 2014

Rule #5 - Know your rights

This is actually pretty important. Especially since you are entering into the business world and, as such, you need to know what your rights are. This would include things like what you can and cannot do in regards to your Contracts. You've read them but now you need to understand them.

Not as easy as it sounds actually, there are a lot of nifty little legal nuances that can be tricky and hard for the average person to understand. This is where your lawyer plays a huge role. As mentioned previously you need to have at least the most basic of understanding as to what you are getting into with your Contracts. But now you really need to understand them, especially since you have signed. This will include just what limitations may be placed on you as the author and what limitations the publisher has put on themselves. Things like:
  • Marketing - Will your publisher do it? Will they charge you for it? What is their rate for this and do you have a say in how that money is spent? If you do your own marketing will they pay you back or is it out of pocket for you?
  • Covers - Most publishers have artists on hand that do their cover art but find out if you can get your own done, if you can will you be reimbursed for this? If you are reimbursed be aware that the publisher now owns the rights to the cover for whatever time frame they determine. Find out what that time frame is before you decide whether you want to be reimbursed and lose the rights or not.
  • Copyright - Not all publishers will pay the fees required to copyright your books. You may need to do this out of pocket and it gets expensive the more books you have coming out as you need to do it per book and can't do it as a group deal. Most likely if you are under contract with them for seven (7) years or more though they will copyright the work for you - but confirm this. If your work is NOT copyrighted there could be legal issues down the line, so ask.
These are just some of the finer points you need to be aware of. There will be others. Remember one thing, if you ever have a question about something write it down so you remember it. We cannot express the number of times we had a question, didn't write it down and then when we had the chance to speak with our publishers or lawyers we went blank. We knew we had a question but couldn't for the live of us remember what it was.

Also remember that while the question may seem silly to ask, it was important to you in the moment and therefore deserves an honest answer from someone. Besides, if you are just starting out, there are no silly questions in this bizarre and insane business. Questions show that you want to learn and are willing to learn about the business in order to grow yourself and your works. Never, ever, let anyone say it's a "dumb" question. It might well be to someone that's been in the business but for you it's not. You wouldn't be asking if you had the answer...right?

The Moderator

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