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Member only guide to the Australian book industry.
MIN READ
Obtaining a publishing offer can be an incredibly exciting moment for any author, often arriving at the culmination of many years of hard work. However, before you pick up your pen to sign, it is imperative that you take the time to understand the offer – the terms you agree to will have an impact on your rights and future income for years after you’ve signed.
With the rise in publishing scams thanks to the widespread adoption of generative AI, it is important to understand industry standards when it comes to how publishing offers are made, in order to protect yourself.
If you have received an offer from a publishing company out of the blue – in other words, from a publishing company to which you did not submit your work – this is a red flag and you should treat the offer with caution. Traditional publishers and ethical publishing service providers do not need to ‘cold call’ to attract clients or business, and such an approach is outside of industry standard. Cynicism is your friend here – learn how to identify scam approaches, and take the time to interrogate the email carefully. If you need a second opinion, contact the ASA.
If the publishing offer you’ve received comes from a traditional publisher following a pitching or submission process, do your homework in order to be sure that you’re comfortable with the relationship you’re about to enter into. Ask other authors about their experiences working with the publisher, and listen to any alarm bells that may be ringing early on. Publishing is built on relationships – a relationship that starts poorly is unlikely to improve over time.
If you have an agent, they will guide you through the contractual process and negotiate with the publisher on your behalf. If you don’t, you should seek professional advice on your publishing offer. While it may be commonplace on the internet to agree to terms and conditions without reviewing them, let alone understanding them, all of your rights relating to your intellectual property (as well as your remuneration) hinge upon the agreement you make with your publisher.
The ASA’s bespoke law firm, Authors Legal, offers low-cost legal advice specifically to writers and illustrators on a range of agreements. The Authors Legal team will identify any legal issues in the contract you’ve been offered and indicate where the commercial terms differ from industry standard. You can also seek legal advice from community legal service ArtsLaw or an intellectual property lawyer. You should choose a lawyer who has expertise in author contracts to ensure they have the necessary experience to evaluate your offer.
The ASA also provides a template publishing agreement for authors in the Resources section of our website – you can use this document to compare with the contract you’ve received from your publisher to understand where the agreement may deviate from industry standard. In the Resources section you can also find the ASA’s on-demand video resource ‘Understanding and Negotiating Your Publishing Contract’ for more information about what you need to know to make an informed decision.
While we understand it can be daunting to negotiate the terms of your agreement with a publisher – particularly if you are a debut author without an agent – it is important that you are able to advocate for yourself.
If you have received a publishing offer in which you are being asked to contribute to some or all of the costs of publication, your first step is to evaluate whether or not you’d like to have your work traditionally published. If traditional publishing is your goal, and you have not exhausted all your options, do not enter into a self-publishing or hybrid agreement. Once a book is self-published, it is highly unlikely a traditional publisher will ever choose to re-publish it.
Next, do your due diligence. Research the publishing service provider thoroughly: check to see how they are rated on the Alliance of Independent Authors’ rating system; look for any reviews or experiences from other authors; browse their website and credentials for any red flags; and seek quotes from a number of providers to understand how their service compares.
Even if you are confident in the publishing service provider’s work, you should seek expert advice about the agreement before you sign it. Again, Authors Legal can offer a full commercial and legal reading of your agreement, or you can seek independent legal advice.
For further reading, see the ASA’s Guide to Getting Published, our comprehensive book-length resource available at bookshops, online retailers, and libraries. You can also browse our FAQs demystifying the publishing industry, and our book industry news articles – in particular, our Behind the Book series providing a behind-the-scenes insight into traditional publishing processes. Finally, if you have specific questions you’d like answered, contact the ASA via our free Member Advice Service.
