I've been offered the chance to write a book, but when I saw the contract my enthusiasm died and I turned it down.

Needless to say, it was a small publisher. They told me they produced a range of TV, film and sport 'bookazines' that were distributed through WH Smith and other outlets. My book was to be about Liverpool FC.

Now the money for 30,000 words was piffling (1500), but that didn't put me off. It was the terms of the contract. I wouldn't get paid until the booklet was published, three months after delivery. No advance, no royalties, no copyright.

I pointed out that this implied that if they didn't publish, I wouldn't get paid. They said I would get a kill fee. I asked for 50% of the 1500 and for this to be put in the contract and they refused. I asked for an advance, and this was refused. I asked to be able to invoice on submitting half the copy, and they refused.

I looked up the company and found they had no website and their past publications were really hard to unearth.

I agonised for a couple of days. I really wanted to do the work, not because I'm a Liverpool fanatic (I'm not), but because it would have been interesting and good on the CV. But in the end I just couldn't do so much work on trust.

Anyone think I was being overcautious?

If, as you say, they have a virtually non-existant track record then I don't think you are being over-cautious. Although, saying that, there are a few big publishers these days who do not pay an advance so the writer has to rely on earning royalties (assuming the book is published); or they pay a one off fee, and the writer does not earn any royalties on sales (eg, the Dr Who spin off books) - I'm not sure what they do in the latter example if the book is not published. If the writer is paid an advance but the book is not published, then the writer might well have to repay the advance, or at least a proportion of it (depending on what was in the contract).


- NaomiM

I think for this kind of thing a flat fee on delivery isn't uncommon, with the publisher retaining copyright. After publication doesn't seem good enough, and certainly the kill fee should be in the contract - why would they refuse to put it in? - and their lack of visibility in the trade doesn't inspire confidence.

I do think you have to follow your instincts on this kind of thing, but on another occasion there is always the option of getting the contract checked out by the Society of Authors. They know what's usual for different kinds of contract in different parts of the industry, and can also advise you if things get difficult later on in the process.

Emma

Thanks for the tip about the Society of Authors. I'll certainly keep that in mind if any more contracts come my way.

I think you've done the right thing. Refusing to put the kill-fee in the contract, and not paying upon receipt/acceptance of the work is just not on. I do a lot of work for publishers for which I get a flat-fee, no royalty, no copyright etc. I invoice them once we've agreed that the job is done, and expect to be paid within a month. I once had a book cancelled and got a 50% kill-fee, and I had not even completed the job but they were very good about not wanting me to be out of pocket because of a last-minute decision from Sales. With the amount of work you'd have been putting into this job (my jobs are rarely over 2000 words because I write books for young children) the risk is too great.

Thanks, Myrtle.

I suggested a 50% kill fee but they said they couldn't agree to that because they had no idea how much work I would have done on the project when it was cancelled. They obviously didn't get the kill-fee concept and this just looked like a potential wrangle I could do without.

Following everyone's comments, I don't feel bad about pulling out now.

Cheers.

Their comments about the kill-fee sound nuts - you definitely did the right thing! I am currently trying to negotiate with a publisher who usually pay me a flat-fee, but who say they 'might want' to turn a character of mine into a series... suddenly I don't feel that the flat-fee, no copyright, no royalties deal is such a good one! But I'm not sure I have much bargaining power and am crap at negotiating anyway...Could involve my agent but not entirely sure that would do any good, possibly harm, even though she is extremely nice - simply because this editor and I go back a few years whereas my agent and I are pretty new.

Great news that your character might run and run.

It's tough one when it comes to negotiating. Like you, I don't find it easy. But I've learned that you do yourself no favours by not asking for what you think is fair. If you don't, publishers will always undercut your true value.

The trick, I think, is to put your case for a decent deal strongly but reasonably without burning your bridges. Easier said than done, I know, but you might just get a a more rewarding arrangement.

Best of luck. R

It does sound as if these people don't know much about how the writing and book trades work, Jago. In this, as in so many other things, it may well be completely the opposite of whatever they're used to dealing with.

I think when it comes to negotiating - specially if you're a nicely-brought up girl who's therefore completely crap at confrontation and asserting yourself, like me - it can be incredibly useful to be able to refer to standard industry practice, which is where organisations like the Society of Authors come it.

To be able to say not, 'You're trying to cheat me and I'm not standing for it,' but 'The Society of Authors has advised me that the usual practice is...' makes it much harder for them to argue with. Myrtle, I know you're in Oz, but you can still be a member if you're doing writing business in the UK still, so they could advise. I know someone - a Tai Chi instructor, or something - who was the big name in his trade but of course knew nothing about book contracts, and was asked to write a book for a series. Okay flat fee but nothing in the contract for kill-fees or if sales took off, and there was nothing to stop them selling a zillion foreign and other editions without paying him another penny. It's very common in childrens non-fiction, I know. I sent him off to the Society and he renegotiated very successfully, not for more money, but for clauses to cover all those things.

Emma

No freaking way.
You weren't over cautious.
I do know how frustrated you must be though, being so close but the point is you were that close.
It doesn't sound like they deserved you.

Thanks for reminding me about the Soc of Authors, Emma. I've dipped a toe in the negotiations with the publisher and await their reply.