What constitutes a good contract *transcript cleaned by Kaitlyn Gastineau 00:00:00:03 - 00:00:02:15 What constitutes a good contract? 00:00:02:15 - 00:00:05:16 So it's been really great to, 00:00:05:17 - 00:00:08:16 you know, understand the process to get to the contract. 00:00:08:16 - 00:00:13:00 But I'm even interested to see like what constitutes a good contract 00:00:13:02 - 00:00:14:05 once you do get it. 00:00:14:05 - 00:00:19:05 And if it is and because of that contract, is there something that would be 00:00:19:05 - 00:00:24:25 beneficial to know in the book proposal process when you're shopping for 00:00:24:27 - 00:00:26:18 publishers in the first place? 00:00:26:18 - 00:00:29:21 So is there something that is in the contract 00:00:29:21 - 00:00:34:29 that would be best to know about what different type of presses, 00:00:35:02 - 00:00:37:10 I'm just trying to, like you said, be as transparent. 00:00:37:10 - 00:00:41:18 I want to know all the things to know going into this process, 00:00:41:18 - 00:00:44:12 what that all looks like. 00:00:44:12 - 00:00:46:23 So most presses, 00:00:46:23 - 00:00:48:20 their contracts are standard templates 00:00:48:20 - 00:00:51:02 that have been approved by the university's general counsel. 00:00:51:02 - 00:00:56:19 And so your ability to negotiate is really limited, 00:00:56:21 - 00:00:57:24 which by that I 00:00:57:24 - 00:01:01:17 mean don't think and also don't set it, 00:01:01:22 - 00:01:06:13 don't feel like you have to go line by line and edit a contract. 00:01:06:13 - 00:01:09:13 I've seen some first time authors do that and really 00:01:09:13 - 00:01:12:15 that just there's nothing we can do there. 00:01:12:19 - 00:01:18:06 A lot of the language that we've we think through a lot of the language like Cat 00:01:18:06 - 00:01:21:25 mentioned earlier, often with most books, we're just trying to break even. 00:01:21:25 - 00:01:26:13 We're not trying to or at least I hope most presses aren't trying to exploit you. 00:01:26:13 - 00:01:29:03 We're not trying to trick you. 00:01:29:03 - 00:01:32:18 But in terms of things that you can negotiate, 00:01:32:21 - 00:01:36:06 I think we talked about scaling royalties. 00:01:36:09 - 00:01:37:25 I think Cat mentioned that earlier. 00:01:37:25 - 00:01:42:18 So usually for first time authors, royalties are going to be like 00:01:42:20 - 00:01:44:03 around 5 to 7%. 00:01:44:03 - 00:01:49:18 But you can you can see if they if they can bump it up once you've sold, 00:01:49:21 - 00:01:53:05 usually it starts at like a thousand books or something like that. 00:01:53:07 - 00:01:57:05 And the advice that I got about scaling I didn't know existed, 00:01:57:08 - 00:01:58:05 but Scott told me that 00:01:58:05 - 00:02:01:22 and was like you can, you can't change the fact that they have scale, 00:02:01:22 - 00:02:05:10 but you can maybe say, like, I want the bump at 500 versus 00:02:05:10 - 00:02:09:10 1000 and see if they say, I want the bump at like 250 versus 500. 00:02:09:10 - 00:02:11:03 And see what see they say. 00:02:11:03 - 00:02:16:06 So now those small kinds of changes are at least possible. 00:02:16:08 - 00:02:17:20 You can also ask this. 00:02:17:20 - 00:02:20:17 These are all really small things because we're it's small 00:02:20:17 - 00:02:24:02 stakes in some regards, but you can ask for more author copies. 00:02:24:02 - 00:02:28:01 Usually you get like ten, I'd say, and then after that, you 00:02:28:03 - 00:02:31:24 you can buy more to 40% for us anyway, 40% discount, 00:02:31:26 - 00:02:35:03 but you can ask for more If you feel 00:02:35:03 - 00:02:39:05 you want more you can pay attention to. 00:02:39:05 - 00:02:41:04 We've been talking so much about the proposal process, 00:02:41:04 - 00:02:42:12 about the writing process. 00:02:42:12 - 00:02:43:24 One other thing to keep in mind 00:02:43:24 - 00:02:46:24 is that's only the first half of the publishing process. 00:02:46:28 - 00:02:52:01 Once your book goes into production, you still need to handle copyediting. 00:02:52:04 - 00:02:55:06 Some presses will ask you to review proofs, stuff like that. 00:02:55:06 - 00:02:58:26 And so another thing I recommend to authors is 00:02:59:00 - 00:03:02:24 look at your personal schedule and look at the timeline laid out in your contract. 00:03:03:01 - 00:03:06:03 See if you want more turnaround time to review copy edits. 00:03:06:03 - 00:03:09:12 If you want more turnaround time to review proofs. 00:03:09:14 - 00:03:11:08 You don't want to ask for too much time. 00:03:11:08 - 00:03:17:04 But if like an extra week would help, like now's the time to ask for that. 00:03:17:06 - 00:03:18:22 And it just it'll give you more space 00:03:18:22 - 00:03:21:22 to make sure your book's as polished as possible. 00:03:21:28 - 00:03:25:09 And I'm sure I'm forgetting. Oh, 00:03:25:12 - 00:03:26:17 the other way 00:03:26:17 - 00:03:30:06 to make money off of books is licensing. 00:03:30:09 - 00:03:32:03 And so this is a small thing too. 00:03:32:03 - 00:03:35:04 But if you have images in your books when you're asking for permissions, 00:03:35:11 - 00:03:39:02 make sure that you get permission non- you want 00:03:39:03 - 00:03:44:23 nonexclusive rights in perpetuity for all for world and all languages. 00:03:44:25 - 00:03:47:14 Because what that means is that when the press is selling, 00:03:47:14 - 00:03:50:02 it is licensing out your book to other publishers. 00:03:50:02 - 00:03:53:00 They then don't have to worry. 00:03:53:00 - 00:03:55:10 They don't, they don't or rather, 00:03:55:10 - 00:03:59:25 if a foreign press asks for rights to your to publish your book, 00:03:59:28 - 00:04:01:13 for example, I work on African studies, 00:04:01:13 - 00:04:03:18 so we get requests to publish the book in Africa. 00:04:03:18 - 00:04:04:13 I don't have to say like, 00:04:04:13 - 00:04:08:00 Oh no, we can't actually give you the rights to this because this one quote, 00:04:08:00 - 00:04:11:28 We only have permission to publish in the US or something like that. 00:04:12:00 - 00:04:16:13 So just do what you can to make it easy for the press to sell your book, 00:04:16:16 - 00:04:19:24 to license your book to other presses, and I'll stop there. 00:04:19:27 - 00:04:23:19 That's some really nitty gritty stuff, Something relevant contract wise 00:04:23:20 - 00:04:26:14 is that some presses have a right of first refusal for your next book 00:04:26:14 - 00:04:28:25 project written into a contract. So think about if 00:04:28:25 - 00:04:30:24 That's something that is important to you. 00:04:30:24 - 00:04:32:03 If you're with a press that you like that, 00:04:32:03 - 00:04:34:14 you want to keep working with maybe that's fine. 00:04:34:14 - 00:04:36:17 But if maybe you didn't have the greatest experience 00:04:36:17 - 00:04:39:17 or you want to try out new press, you just don't want to be beholden. 00:04:39:24 - 00:04:44:21 You can talk about that right of first refusal and have that cross at some places. 00:04:44:23 - 00:04:48:02 And also increasingly, if you're writing a book that you think 00:04:48:05 - 00:04:50:27 you have this inkling and everyone thinks this but it's not true 00:04:50:27 - 00:04:53:23 that it's going to be a part of a popular audience is going to like your book too, 00:04:53:23 - 00:04:57:08 we all think this like every academic is like but my 00:04:57:11 - 00:04:58:04 book is going to be the one that crosses over. 00:04:58:04 - 00:05:01:16 No, it's like it stops and that's it. Right but like 00:05:01:18 - 00:05:03:27 But like we all think that, like, someone's going to really want 00:05:03:27 - 00:05:05:00 to do something with this. 00:05:05:00 - 00:05:09:04 Something that she told me to say about licensing first, like reporting. 00:05:09:11 - 00:05:09:18 Right. 00:05:09:18 - 00:05:12:14 So like how much you'll get paid if they turn it into an audiobook 00:05:12:14 - 00:05:17:08 or if it gets licensed out to become part of a film which Algorithms of Oppression did. 00:05:17:09 - 00:05:19:01 Right. So we saw that happen. 00:05:19:01 - 00:05:20:16 And so it's not unheard of. 00:05:20:16 - 00:05:24:00 Academic texts can actually end up in a motion picture. 00:05:24:00 - 00:05:25:29 It can end up right and you don't see that coming. 00:05:25:29 - 00:05:28:01 So this is not a huge concern. 00:05:28:01 - 00:05:31:11 It's probably not going to be relevant But that right of first refusal is something 00:05:31:11 - 00:05:35:06 that I had to in mind too in terms of whether or not I wanted to publish my next. 00:05:35:08 - 00:05:41:02 Academic press book with that same publisher, [someone in the background]: some 00:05:41:04 - 00:05:42:03 time it's going to be me.