November 2004
What Is A Fair Contract For A First-Time Author?
I need your help. A small publisher wants to publish my children's picture book. The contract says I will be paid an advance of $500 and 5% royalties. This is a first for me so I don't know whether this is a good offer or not. And if not, should I try to negotiate for more? What is fair and reasonable for a beginning author?
Congratulations on your first sale!
I wish I could say there's a fair and reasonable, across-the-board standard in children's publishing, but there is no such a thing. Publishers differ. And I can't really point to any trends in children's publishing contracts, except to say the income for children's writers hasn't improved much over the past 20 years. If you're a member of the Society of Children's Book Writers & Illustrators you can access "Answers to Some Questions About Contracts" on the Publications page. The Business Side of Children's Publishing is also a resource for contract information. The newsletter is currently on hiatus, however if you sign up for the newsletter you can read the back issues at Yahoo! Groups. See Rita Cammarano's web site for more information.
Publishers generally offer three types of contracts: Standard advance royalty: For new writers advances can be anywhere from $100 to $3000, but seldom more than that. A common advance figure is $1000. Royalties are usually 7% of net sales, but sometimes lower than that.
Royalty only: No advance, the publisher pays royalties on net sales, anywhere from 2% to 40%.
Flat fee: Anywhere from $1000 to $5000. With flat fee contracts the writer is often asked for all rights.
All things considered, your contract falls within general publishing standards. Since it never hurts to ask, you are within your rights to negotiate for a higher advance or royalty. I would advise negotiating for one or the other, not both. However since this is your first book and you are beginning a new relationship with this publisher, you could accept the terms this time around, make a name for yourself by promoting and marketing your book, then ask for more with your next book.
Can I Re-negotiate My Contract?
I sold my first picture book to a small publisher for a flat fee. Now, a year after the book's release, the book is selling really well and was just picked up by a children's book club. Because of my contract I won't see any royalties from my book's success. That just isn't fair! I had no way of knowing my book would do so well way back when I signed the contract. Do you think it's possible to re-negotiate my contract? What should I do?
Congratulations on the success of your first book!
No, it's isn't fair that you won't see any financial gain from the success of your book. And you certainly had no way of knowing the publisher would be so successful at marketing your book. The problem is you signed a contract. A signed contract is almost impossible to change after the fact, unless it contains a loophole, or language that indicates that the contract expires after a certain amount of time. The problem with an expiration clause is that even if you try to negotiate new terms, such as a royalty, or percentage of sales, the publisher also has the option to cancel the contract and take your book out of print.
Since I don't know the details of your contract, the first thing I advise you to do is hire an attorney to look over the contract for any loopholes, or openings, for re-negotiation. For example, I don't know if you sold all rights to your work. If that's the case, you simply can't negotiate a thing. But I'm not an attorney, and only an attorney can accurately evaluate the situation for you. For more information on publishing contracts see Attorney Ivan Hoffman's Articles for Writers and Publishers at his web site.Ê
Are There Any Online Resources For Teen Writers?
My son is 14 and a very good writer. But he is sort of shy about his talent. I think it would help build his confidence if he could get some of his work published. I also think he should meet other writers his own age. But it seems like most of the writers groups are for adults and the web sites for young writers are geared toward younger kids. Are there any web sites or groups for teen writers?
I think it's terrific that you encourage your son's writing talent! Young writers need lots of nurturing.Ê
Because of the Internet, there are many more opportunities for teens to gain confidence by meeting other young writers and also get their work published, than there were when we were young. Most teens are familiar and comfortable with email and online chatting so this is the perfect medium to coax them out of their shells.
The Young Writers Club is geared for 7-15 year olds as a way for them to publish their work and learn new skills. Young Writer Magazine also offers opportunities for young writers to get their work published both online and in print. A good way to meet other writers online is through critique groups. Young Writers' Clubhouse has a critique group and Writing up a Storm offers a critique group and a discussion board.
Do a Google search for "teen writers" and you'll find several opportunities for your son to express his writing talent. Suite 101 has a Teen Writers site including articles and a discussion board. A Teen Writer's Dream includes a newsletter, contests, and chat room. By far the best entry I found is Resources for Teen Writers, with links to advice, contests, markets, workshops and more. Your son will spend hours on this site exploring this huge smorgasbord of information.
For more information:
- SCBWI
- http://www.scbwi.org
- Rita Cammarano
- http://ritacammarano.smartwriters.com
- Articles for Writers and Publishers
- http://www.ivanhoffman.com/helpful.html
- The Young Writers Club
- http://www.cs.bilkent.edu.tr/~david/derya/ywc.html
- Young Writer Magazine
- http://www.mystworld.com/youngwriter/
- Young Writers' Clubhouse
- http://www.realkids.com/club.shtml
- Writing Up a Storm
- http://groups.msn.com/WritingUpaStorm/welcome.msnw
- Teen Writers
- http://www.suite101.com/welcome.cfm/teen_writers
- A Teen Writer's Dream
- http://www.teenwritersdream.com
- Resources for Teen Writers
- http://www.sff.net/people/davekirtley/teenwriter/TeenResources.html
- http://www.scbwi.org
Peggy Tibbetts has been a professional writer, editor, and full member of the Society for Children's Book Writers & Illustrators for the past 26 years. She offers courses in children's writing and has edited several successful children's manuscripts. She is the author of the children's novel The Road to Weird, as well as the adult novel Rumors of War. Peggy also moderates the The Write List discussion list at Yahoo.
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