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Posted on Dec 12, 2014

The Publishing Process Explained For First Time Authors

Leave the terror and confusion behind. This article unveils the mysteries of the publishing process.

by Cherise Lopes-Baker

Community Contributor

Author's Grant: The author usually grants an exclusive licence to publish the book (the 'Work') in volume form (print and/or electronic) in the languages and territories for a specific or full term of copyright.

Author's Warranty: The author warrants that the work is original and solely theirs to grant; that it does not contain libelous, unlawful, or defamatory matter; and that they will indemnify the publisher for any loss or damages.

Typescript: Where the length of the manuscript (typically in words not pages), the delivery date, and the form (usually an electronic double spaced Word document) are decided. It also covers what the author's responsibilities are regarding illustrations, indexes, and obtaining and paying for third-party copyright material. The publisher reserves the right not to publish if the manuscript is unsatisfactory, overdue, or does not conform to the standards set out here.

Corrections: Considering the time and cost contraints of printing, this clause reigns the author in from making extensive corrections and charges the author if they go above a specified percentage of the typesetting costs. This section also details how long the author is given to return proofs (usually 2-3 weeks).

Publication: This gives the publisher sole control over publication including all its elements: production, publicity, design, price, and sale. While author's therefore have no publication control, in practice authors have some consultation on cover design. The author is usually specified a number of free copies (usually 6) and a discount if they would like to purchase more.

Payments to Author: Lays out the royalties owed to author per form (hardback, paperback, digital), per territory (home market, export markets), and per period (scale royalties can be arranged around either time passed or quantities sold).

Subsidiary Rights: Establishes what rights are being granted to the publisher that they may license to other firms, as well as the percentage owed to the author upon net receipt of those sales. These rights include territory rights to sell to other markets, as well as other rights such as translation, audiobook, dramatization (film, stage, TV, radio), and digital rights.

Reversion: Sets out upon what conditions the rights may revert to the author. For example, if the publisher fails to keep the book in print. The invention of the e-book slightly complicates the 'kept-in-print' determination so some agents ensure there is a level of sale at which, if the books sold less, the rights can be reverted.

Option: The author may grant the publisher rights to first refusal on their next work.

Advance: Sets out what, or if, an advance is paid at which point it is set against the author's future royalties. Usually staged in separate payments on signature of contract, on delivery of satisfactory work, and on publication.

Most publishers will refuse to remove these clauses: grants of rights and territories, author's warranties and indemnities, exclusivity, and their right to publication/formatting/marketing decisions.

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The basis of the contract is the action of the author in granting the publisher the right to commercially exploit their copyright. An exclusive licence leases this copyright to the publisher, where an assignment transfers it to them.

With assignment, the copyright line becomes © [The Publisher] and the author is paid a fee instead of an advance. It is usually only used when the author is a ghost writer or specifically commissioned by the house to write something.

Term of copyright is the life of the author + 70 years, though of course the license granted to the publisher can be shorter.

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If you are using song lyrics, images, or other copyrighted material in your work you need to get permission and pay each holder of the copyright. Whatever you do, be honest about this - you don't want copyright holders coming out of the woodwork. If they never respond to your attempts to get permission, keep a written trail of evidence as it will help your case.

However, if the publishing house has their own commissioned images, it is by far the simplest and least incriminating way forward.

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With an original manuscript comes a family of rights, some already mentioned above. These include territory rights which determine the right to sell in different markets (English language market, US market, Japan market etc.); digital rights; format rights; dramatization rights, etc. These all have to be balanced and strategically sold.

Publishers will often want to include all of these rights in the original contract so they are free to do as they like and to sell the rights they aren't exploiting themselves. While authors and agents will receive a percentage of these sales, agents believe that it is more lucrative to keep as many rights as they can so they can sell them separately.

Whatever you choose, be sure that the territories you sell to won't compete with your main market (be sure to synchronize book release etc.); and be very conscious of what rights are being included in the contract, and what are left out.

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An advance is a specific sum paid to the author that is set against the author's future royalties. It is often delivered in 3 stages (on contract, on delivery, and on publication). The advance has to be earned out before the author receives any further payments.

An advance is an investment from the publisher in the author's work. It is meant to support the author while they dedicate their time to finishing the book. Unfortunately, publishing is not an extremely lucrative business and so advances tend to be either small or non-existent (up to 10,000 pounds for a two-book deal by a first-time novelist).

This is especially true for first time authors as big name authors provide the profits that let publishing houses take risks on new authors in the first place.

On the bright side, it is guaranteed money. Even if you never earn it out in book sales, you don't have to return it.

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Royalties can either be calculated as a percentage in reference to the edition's recommended published price on all copies sold (RRP royalties are usually 5 - 15%), or as a percentage of the publisher's net receipts (the sum of money the publisher receives after discounts).

A royalty by net sales is more often offered, and reasonably so. Most trade distribution channels - Tesco, Waterstones, Asda, especially Amazon - require a substantial discount in exchange for agreeing to stock the book. The costs add up as these distributors usually also stipulate being allowed to return unsold stock (at which point it is either sold again, the author may buy it, it is remaindered, or it is pulped).

Royalty rates are determined for each format (paperback, hardback), and territory (export royalty rates may be lower due to higher discounts involved). Royalty rates on e-books are usually significantly higher however because of lower production costs (the industry average is 20-25%). You won't get extremely high royalty rates on e-books because even though the printing is not a factor, the editing, marketing, metadata, and discounts for online distributors are.

A scale of royalties is also possible, whereby the royalty rates rise 2 - 2.5% when certain quantities are sold. However, if the author has reached a higher rate on the scale and a new edition is produced, the royalty reverts to the base rate.

Because royalties kick in when the advance is earned out, they are entirely dependent on success. It's rare to reach the Queen Bey level of royalty.

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The publisher takes the product and makes it commercially viable. They invest in the work and by contributing editing, marketing, sales, distribution, printing, and rights help, the book can become not only a reality, but a profitable one.

The commissioning editor is the closest spokesperson of the publisher to the author. They keep the author and agent informed of the manuscript's progress and transformation. They also work with the author on editing the manuscript and making it suitable for publication.

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Where finding an agent and publisher can be hard, and the reality of costs vs profit / control vs support disillusioning, self-publishing is an independent avenue accessible to all.

However, most authors don't know where or how to begin self-publishing. It is a copiously time-consuming and complicated process and more often than not the rewards do not outweigh the effort.

In committing to self-publishing, you are foregoing all the support a traditional publishing house entails and you might not necessarily have the skills that a company aggregates in their team (Management, Marketing, Metadata, Design, Editing etc.).