Would Appreciate Advice Regarding an EBook and POD Contract

[Ramon Rozas]

First, the Good News - an eBook and POD Publisher has extended me an offer for my first novel.

Bad News - I have no experience evaluating the contract they have offered me.

Comparing it to EPIC's model eBook contract, I notice 4 major differences, and would appreciate any more experienced writers telling me whether these are important or not:

(1) The Publisher here has the final say on editorial changes (in the model, the Author can withdraw the Work)

(2) The contract covers POD and "electronic" formats. The model covers electronic TEXT formats, and explicitly excludes video and audio formats.

(3) The percentages in this contract are on Net sales, the model's are on actual sales. Yes, I've heard the story about "Coming to America."

(4) This contract provides that promotion is the primary responsibility of the Author. The model says nothing.

Realizing that my negotiating power is small to nil, what do more experienced writers think of these terms? Are they common place? Troublesome? Am I getting to nit-picky?

Thank you in Advance!

[darkbow]

I'd run. Just my opinion. If you don't have the potential to withdraw your work, percentage is on Net sales (which there shouldn't be any since this is POD and digital publishing, unless they're giving you an advance or there's some other investments of which I'm not aware) and all promotions are up to you ... why bother? You can self-publish yourself in POD and digitally, do just as much work and keep all the profits. Of course, in that case, you might want to hire an editor or at the very least have several knowledgeable people peruse your manuscript.

And remember this ... your negotiating power is NOT small to nil. It's your manuscript. Until you've signed on the dotted line, you can do as you please.

Also, don't sign away digital rights (or even POD rights) for EVER. There should be some clause that specifies a time when full rights to your works revert to you. Traditionally, there has been a clause saying something like "when the work is no longer in print," but that doesn't fly nowadays because digital publishing can keep a work "in print" forever. You might be able to work with the publisher on this one, or maybe not.

[Ramon Rozas]

Thank you for your thoughts!

As to reversion, the contract does allow termination of rights after 2 years upon written notice to the Publisher. That seems agreeable and in the market norm for ebooks.

[JoshBrown]

(4) This contract provides that promotion is the primary responsibility of the Author. The model says nothing.

Then what do you need them for? Upload your book to CreateSpace and Kindle Direct Publishing and have at it.

[JoshBrown]

(4) This contract provides that promotion is the primary responsibility of the Author. The model says nothing.

Then what do you need them for? Upload your book to CreateSpace and Kindle Direct Publishing and have at it.