publishing rights
Why Owning Your Publishing Rights is Important
February 6, 2012
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by Carly Willsie
Apple announced its iBooks Author application last month to much excitement as authors and publishers alike applauded the free app’s self-publishing capabilities. The cheers quickly died down, however, when sites like Mashable, PC Mag, and the Huffington Post began taking issue with iBooks Author’s user agreement. The sites noted that, by publishing your work on iBooks Author, you relinquish your book’s publishing rights to Apple.
Although Apple wouldn’t exactly own your content (it doesn’t lay claim to the content itself, but does stipulate that you sell your book exclusively through the iBooks store), the arguments did expose a very important—but not very often discussed—aspect of publishing: rights ownership.
So, what’s the hullabaloo all about? Why are publishing rights important, and why should you care if you own yours? We’ve listed some of the key benefits to publishing rights ownership below.
Varied Distribution
When you own the publishing rights to your unique content, you choose where it sells. Want to stock your book in a friend’s boutique? Have hopes of pursuing grocery store distribution on your own? Feel like boycotting Amazon? You’ll have to own your publishing rights for that kind of personalized distribution, and that includes listing the book on your own website. Notice that authors who have published with traditional presses—and, consequently, sold their publishing rights—generally won’t have a direct buy button. You’ll be directed to Amazon, Barnes & Noble, or another e-tailer instead, even though sales made directly from your website will make you more money, bring more opportunity for interaction with your fans, and build your ever-important fan list.
Repurposing
Many nonfiction authors have content that will need to be periodically updated, while others recognize the importance of ancillary products and wish to repackage their book in a workbook or learning format. If you don’t own the publishing rights to your content, you’d have to buy the rights back to accomplish this repurposing, or convince the publisher that a new edition is needed (a harrowing feat). Repurposing can include audiobooks and movie rights as well. Have dreams of turning your book into a blockbuster some day? You’ll make more money—and will be able to choose the story’s buyer—if you own those rights. Ownership of the rights to publish in different, specific formats can sometimes be negotiated into your publishing deal.
Back of the Room Sales
Similar to varied distribution, owning your publishing rights will allow you to take full advantage of any back of the room sales opportunities. Are you a public speaker? Plan on hosting any workshops or seminars this year? Do you teach a class, or own a business? You’ll want the option of selling directly to your audience and customers. You’ll make more money, more connections, and build credibility with these sales. In most cases, the party who owns the publishing rights also owns the inventory of books. Were your publisher in charge of your rights, you’d have to buy your own books from them in order to sell at your events. Not fun.
Creative Control
One of the most important—and most overlooked—benefits of rights ownership is full creative control of your book during the publishing process. Most authors feel strongly about every detail of their work—as they should! You’ve worked hard crafting your book, why should someone be able to completely alter it without your consent? In most cases, when you own your publishing rights, you have the ultimate say in everything about your book—the direction of the editorial, design, packaging, cover copy, and more.
There is no right or wrong choice when it comes to choosing a publisher for your book. Many authors have personal, financial, or emotional reasons for choosing whom they work with, and, ultimately, it all comes down to fit.
Whichever publishing direction you choose to take for your own book, knowing whether or not your publisher owns your publishing rights is essential. Be sure to have a lawyer review your contract and explain the ownership clauses. Above all, take your time, make sure you feel comfortable with the contract before signing, and know what, exactly, the stipulations mean for the future of your book.
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Publishing Options Series: The "Traditional" Route
February 4, 2011
by GreenleafBookGroup
In this series we will address one of the biggest questions facing authors today: how will I publish my book? As little as ten or fifteen years ago, this answer would have been simple: get an agent, who will then pitch the book to major publishers on your behalf. Now, with the wide variety of options available, it can be hard to decide what route to take. This is why, one post at a time, we’ll dissect each of the options in an effort to help authors better answer that question.
Today we’ll begin at the beginning and talk about “traditional” publishing. Rather than dive into a history of publishing, let’s keep it simple: traditional publishing happens when you sell the publication rights of your book for an advance and royalties on the sale of your book. This is generally the type of deal you’ll find at the “Big Six” publishing houses in New York—Penguin, Simon & Schuster, HarperCollins, Random House, Hachette, and Macmillan.
So what does striking a deal with a traditional publisher entail exactly? We thought it might be easiest to break it down into pros and cons.
Pros:
- Credibility. Since traditional publishers have been producing high-quality, salable books for quite some time, authors are afforded automatic credibility just by working with them.
- Distribution. Again, because of their reputation in the business, the Big Six’s wholesale and retail connections are very strong. You can rest assured that they know how to get your book into retail, and your agent can help you sell your translation or foreign rights.
- Low up-front cost. Generally, traditional publishers pay for all aspects of book production (which can be rather expensive), and authors are usually responsible for at least some, if not all, of the marketing and publicity. For someone looking for a lower financial investment, this is one of the cheaper options.
- Quality. Acquisitions editors at traditional publishing houses screen all projects so that the overall quality of the publisher’s line is very high. The production process includes everything from seasoned editors working on the book to dazzling design and printing.
Cons:
- Lack of brand/creative control. As an author, you have little say in the titling, design, printing, or editing of your book. This may be an issue if your brand is tied to your book.
- Low royalties and advances. First-time author advances can range from $2,000 to $20,000, which you have to pay off in sales before you start receiving royalties. Royalties for paperback are typically five to seven percent, and ten to fifteen percent for hardcover. You’ll also need to account for paying a portion of your advance and royalties to your agent, usually around ten to fifteen percent.
- Slow time-to-market. Unfortunately it can take anywhere from two to three years to secure an agent, get a publisher, and actually have your book published and released.
- Ownership. Under the traditional model, authors sell the right to publish their work for a defined period of time. Selling the publication rights gives them little say in the direction, distribution, or amount of time their book spends in the market. If for any reason the author is dissatisfied, they must either buy back their rights before the agreement ends or wait for the book to go out of print (at which time rights revert back to them) before they can take it elsewhere.
How do you get the ball rolling if you think you’d like to go with a traditional publisher? Get an agent! Traditional publishers rarely accept proposals directly from the author, so you’ll need to find an agent to represent you. Here are a few resources:
- Check out the Association of Author Representatives (AAR). Members follow an ethical code, so any agent who asks for a reading fee or money up front is not included in this organization.
- Also take a peek at the Guide to Literary Agents (GLA), available in both book and blog formats, sponsored by Writer’s Digest. The blog discusses the types of work the agent represents and their submission guidelines. You can search by genre to locate agents who will represent your work.
So does traditional publishing make sense for you? If the pros mentioned above sound like what you want and you can live with the cons, perhaps it is. If what you want doesn’t quite fit what this model offers, stay tuned for future installments of the series on publishing. In coming weeks, we’ll be covering new technology, vanity presses, independent publishers, and self-publishers.
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