So You Think You Want To Be Published

Ideal Publishing Guidelines

Now that we've shared with you the bare minimum terms you should be asking for in a contract from a publisher. Here, we will be providing you with a second list of "ideal" terms that the National Book Development Board of the Philippines found to be ideal in creating a positive relationship between you and a publisher.

Special thanks to Paolo Chikiamco who compiled these resources in collaboration with the National Book Development Board. Mr. Chikiamco runs Rocket Kapre, a blog dedicated to publishing and promoting Philippine speculative fiction.

We recommend that when negotiating with a publisher, you ask for the following contractual provisions if they are not in the contract being offered to you. Note that even if these are more ideal provisions, they're not meant to give an author an advantage, but to ensure a more fair and less confusing relationship between an author and a publisher -- a lot of hardship can be avoided if the contract is very clear with regard to what exactly a publisher can and will do for you, and what it can't or won't:

Single Grant of Rights

Contracts should be limited to one grant of rights per contract. For example, a grant of digital/electronic rights should be in a separate contract from print rights, and a grant of subsidiary rights (such as movie, television, or merchandising rights) should be separate from the publishing contract. This is to prevent confusion, and to make it easier for you to properly evaluate the terms surrounding each grant, because a provision that may make sense for a print publishing deal may not make sense for a digital one, or for a deal to make a movie out of your work.

Reversion Due To Unavailability

You aren't only looking for financial compensation from a publisher, but also to find a publisher that will actually publish your work. It sounds so simple, but to safeguard yourself, but it's not uncommon for a publisher to buy the rights to your work, and then sit on those rights for a long time, or fail to re-stock your books in stores even if there's a demand. To avoid these types of situations, it's best to include something like this, where your rights return to you if your publisher can't or won't actually "publish":

Reversion Due to Unavailability - In the event that the [Transferee's] edition of the Work shall at any time be out of print or unavailable for public purchase for a period of X months, the [Author] or his/her representative may give notice thereof to the [Transferee], and in such event the [Transferee] shall declare within thirty (30) days in writing whether or not the [Transferee] intends to make the work available once again; in such a case, the Work shall be reprinted or made available not later than six (6) months from the date of said declaration; however, if the [Transferee] declares the intention not to bring out a new printing of the Work, or the Work is not reprinted or made available within six (6) months in spite of the intent to do so, then this agreement shall automatically terminate and all rights hereunder shall revert to the [Author].

Amendment Clause

To allow for changes to the agreement, following a written notice and the agreement of both parties. Both author and publisher must be able to initiate the amendment process.

Realistic Geographic Limitations

When you grant rights to a Philippine publisher, it should be limited to the Philippines first and foremost, unless the publisher can demonstrate the ability and intent to publish elsewhere. Make sure that this is specified in your contract. If a publisher wishes to be granted World rights, a premium must be paid over and above compensation given in the form of advances or royalties. A set figure should be given in order to allow you to gauge the worth of such rights.

Language Limitations

When you grant rights to a publisher for your work, it should encompass only the original language/languages of the work. A premium must be paid over and above compensation given in the form of advances or royalties. A set figure should be given in order to allow the author to gauge the worth of such rights.

Limits On Option/Exclusivity/Non-Compete Clauses

Option clauses (which give the publisher the right or privilege to publish the author's next book or books IF the author – NOT THE AUTHOR – so chooses, such as First Right options), Exclusivity Clauses (which mean the author will publish the book via one publisher for a period of time) or Non-Compete Clauses (which restrict the author from publishing another book based on material in the current work, or from publishing material competing with the sale of the current work) should NOT be present in any publishing contract, unless they are strictly limited by compliance with the following conditions:

1. They must be for a premium that is paid over and above compensation given in the form of advances or royalties. A set figure should be given in order to allow the author to gauge the worth of such rights;

2. They must be for a set period, which cannot be longer than 3 years from the signing of the publishing contract, renewable only be a new written contract.

Copyright Primer and Appraisal Clause

To reduce the chances that you will enter an agreement with a publisher without a basic knowledge of what copyright entails, author advocates have recommended that ALL contracts include both a primer on copyright as an annex, and a clause that ensures protection of your rights to an informed decision by affirming that the publisher has appraised you of the copyright primer. Have you watched cop shows and seen the police reading out the suspect's Miranda rights? It's something like that.

The Copyright Appraisal Clause also requires that a copy of the contract must have been provided to you at least three days before it is signed, to give you time to properly look it over.

Here is the Copyright Appraisal Clause:

Copyright Appraisal Clause - The [Transferee] hereby warrants that the [Author] has been appraised of [his/her] rights under the Intellectual Property Code, that the [Author] has read the Copyright Primer annexed to this [Agreement], and that the [Author] understands these rights and has been in knowing possession of a physical or digital copy of this [Agreement] for at least seventy-two (72) hours before [he/she] has signed the same.

A breach of this warranty shall render this [Agreement] null and void.

Now, the Copyright Appraisal Clause is something that advocates are pushing for in order to be certain that every author offered a contract has the opportunity to read up on his or her rights, but as YOU are already reading this guide, then you're already reading up on your rights. So you don't really need to ask for the Copyright Appraisal Clause to be in that form, nor do you need the Copyright Primer to be included -- you can get much of that basic information from our prior post.

But you should still make sure you have a reasonable amount of time to look over the contract and consult a lawyer or more experienced author. So you can include a clause that says this instead:

The [Transferee] hereby warrants that the [Author] has been in knowing possession of a physical or digital copy of this [Agreement] for at least seventy-two (72) hours before [he/she] has signed the same.

A breach of this warranty shall render this [Agreement] null and void.

Note that if the Agreement is revised, then presented to you again for review, this clause would guarantee another three days for you to look at the revised contract.

Remember, all this is general advice and may or may not suit your particular needs. For specific advice, don't hesitate to seek the aid of the National Book Development Board:

National Book Development Board

Unit 2401 Prestige Tower

F. Ortigas Jr. Road (formerly Emerald Avenue)

Ortigas Center, Pasig City 1605, Philippines

Telefax No. : 570-6198/687-1804
email: helpdesk@nbdb.gov.ph

Also, check out MinaVe's "Ask Me Anything About Publishing" resource.