First Dibs
When someone else gets a say on what you can publish
Hi friends!
I want to talk about something you may or may not encounter in your publishing life, but you DEFINITELY need to know about it: when someone has first dibs on your book, and you can’t publish it without their say.
The first, and most common, case of this is the option clause, which you should go back and read about if you have not, but is, in short, a common clause in a traditional book contract that says you have to show your next book to your publisher and they get first dibs on it. You don’t have to say yes to any offer, and they aren’t obligated to offer, but—just go read about it if you haven’t already. It’s important.
But the next thing is publishing restrictions in your employment contract. Do you work for a media company of any kind? Did you sign an employment contract? Did you notice what it said about books? Probably not. You may not have even planned to write a book when you took that job! But it matters, a lot. Read your contract, and if you’re concerned, talk to your agent or a lawyer. NOTE: this newsletter does not reference any specific media company’s contract terms, so your mileage may vary.
What kind of things do you need to look out for, in current or future contracts?
Who gets to see your book first
Most contracts of this kind stipulate who gets to see your book first. Your media company may have an agreement with a publisher that says that publisher gets first opportunity to offer on any employee’s book. YEP! This could be a good thing in that it’s a good publisher and they make a nice offer, but it could be a bad thing in that you don’t get any input on who considers your book first. Once that publisher says no or you turn down their offer, you might not be automatically in the clear. There could be a matching clause that basically says yeah we know you didn’t take our offer, but if you get another offer, we get a chance to match it, and if we do, you have to take our offer. Yeah! It’s not great! I hate matching clauses and take them out every possible chance. It is on you, though, to know this upfront if you’re signing with an agent and/or shopping a book. Ignorance is no defense in this case.
Be SURE to tell your agent. They have to know as it changes everything about your submission plan.
Your job might have to/get to approve your book idea
Your company might get to and/or have to approve your book idea, including reading a draft of your book proposal/manuscript before you send it out. I don’t know about any cases where the company rejected an idea, but it’s vital you know the procedure by which you go about this. There is likely a person who does this at your workplace, and if you don’t know, ask your boss, HR, or a coworker who’s written a book before. Again, ignorance is no defense! You have to figure this all out before you shop your book. If you have an employee handbook, check that, too. If you don’t know what it means and you don’t want to tell your boss you’re writing a book first, ask your agent or an employment lawyer (or friend who’s done it before).
You might not get to use things you’ve written on the job
Especially if you are a reporter, you may not be able to use work written on company time/dime, so be careful if you’re building a book proposal based on your beat or a big story. Even if you are not a full time employee of a media company and an article you wrote freelance goes viral, you have to know who owns the copyright to that article in the end, and if it’s not you, you have to get permission from the website/publisher before you can put it in a book. Your contract will say this, and you should be sure of this before you even sign it. Yes this is all kinda confusing and doesn’t seem all that fair! But fair is not the primary goal of employment contracts or freelance agreements IMHO, and it’s on you to negotiate and advocate for yourself.
So, what do you do?
If you’ve already signed your employment or freelance contract, there’s not much you can do about the terms now, and you have to play by the rules. Figure out those rules, talk to who you need to talk to, and have your agent help you jump through the hoops best you can. If you went ahead and wrote and sold a book proposal and they didn’t notice, well…lucky you! I would be careful though! They’re going to find out eventually. ¯\_(ツ)_/¯ good luck! Maybe schedule a meeting with HR and get ahead of it.
If you’re signing a new employment contract, try to take out the book clauses! Try it! See what they say! Just hit that strike through button on the doc and don’t explain or apologize! If and when they come back to you and say no dice, try to get the matching offer part out, if it’s there, and if you really don’t know what to do, talk to your agent/an agent/an employment or IP lawyer. It’s worth the trouble upfront to save the trouble later. But don’t be afraid to negotiate! It’s important and necessary. They won’t rescind the job offer just because you read and responded to your contract. If they do, it was a shitty job anyway. (I know not everyone has the luxury of taking that risk, but don’t assume they will walk just because you’re scared. Everyone’s scared. It’s ok. It’s worth trying.)
In a freelance contract, if they ask for the copyright, take that out! Give it a shot! If they balk, ask that you get to use it, too, that their rights to it are non-exclusive, and say you’ll promise to credit them if it’s published in a book sometimes. This is not uncommon. Make the effort here, even if it’s scary. They, too, will not likely pull the piece just because you read your contract. Speak up for yourself!
I’m giving away client books all week on my Twitter, staring with Erin Hahn’s charming af MORE THAN MAYBE, a contemporary YA novel that will set your heart aflutter with music obsessed teens in love. Very swoon worthy! Check out my Twitter to enter to win! (US only. No purchase necessary.) I’m giving away adult fiction, more YA, essays, craft, picture books, and pop culture books all this week so stay tuned!!!
Two weeks, my friends. Two weeks and the nightmare of Trump could be over. BUT ONLY IF YOU VOTE! VOTE VOTE VOTE!
OXOXO,
Kate