Not All Contracts or Publishers are Created Equal

Don’t Choose One Out of Desperation

I met a writer at Bouchercon who is just starting out in the fiction world. She has a journalism background, as I do, but rather than trade publishing, she was out in the trenches, reporting on crime. And just like Dawn Barclay circa 2015, she said she’d do anything to get a publisher (anything legal, that is.) So when I told her what experience had taught me, how all publishers were not equal, and that some opportunities can prove more stressful than helpful, she shot me a dismissive glance that silently said, “Surely, any publisher is better than none.”

She wasn’t listening to me. Maybe you will.

Never Forget You Have Options

I know what it’s like to crave an agent or publisher, to believe that nothing matters more than getting your book out into the world. (I still kinda believe that second part!). But over the past nine years, I’ve learned that authors have options. In some cases, self-publishing will save you many headaches if you are a control freak like, ahem, moi. But, if you insist on going traditional, remember that agents and publishers often specialize in specific genres; a tool like Querytracker.net or Duotrope will guide you to the right ones. (In other words, don’t query a romance agent or publisher with a whodunit, and make sure you personalize the query by explaining why you’ve chosen them to represent or publish your manuscript.)

For a moment, let’s set agents aside because if you do secure representation, they’ll negotiate your contract on your behalf. I’ve written this blog post more for those querying publishers directly (something I’ve almost always found easier than hooking an agent.)

Three Things to Consider

After scoping out your publishing targets, do your research before sending out a query. There are three main things that publishers provide: editing, cover art/layout, and marketing. (The rare ones also provide coaching and encouragement, but it’s not a given.) It’s important to consider all three areas before querying them or signing with them.

Editing: There are ways to evaluate the caliber of a publisher’s editing. Using Amazon’s “Look Inside’ function (when available) or even Libby, if you use that app to borrow ebooks from the library, read snippets of several books the house has published. Do they read the way you’d expect a published book to read, or are there numerous typos and grammatical errors? Do the stories begin at the right spot? Are there errors in continuity (like a character’s hair changing color between chapters without a stated dye job)? Reading reviews of the books on Goodreads, or on distribution sites like Amazon, Barnes & Noble, Kobo, etc., will give you a quick feel for this; Readers are not amused by errors, and will call out the author or publisher in their reviews.

Cover Art: Sorry, but readers DO judge a book by its cover. If yours doesn’t pop on those online thumbnail graphics, potential readers will not buy it, even if there’s Pulitzer-worthy prose inside. So, if you’re considering a certain publisher, study the books on their website. Do the covers look professional or amateurish? Make your decision accordingly. (Once I get a contract, I make sure the publishers give their authors a say in their cover design. For me, this is a deal-breaker.)

Marketing: Check the publisher’s website to determine which books have just come out, and which came out a few months back. Then check the Amazon rankings of those books. If they’re in the millions already, it’s a red flag. I check NetGalley to see if the publisher in question makes their upcoming books available for pre-release reviews. And I also google the name of the books in question to see if they have been the subject of any articles, interviews, or blog posts. While it’s true that even the largest publishers don’t necessarily provide much marketing assistance, it’s nice to gauge whether they’re educating their authors on how to do their own.

What do Other Authors Say?

I also use sites like Absolute Write and Writer Beware to see what other authors and watchdog groups say about publishers you are considering. (Writer Beware is especially helpful if you’re considering a self-publishing or hybrid publishing company.) But take Absolute Write comments with a grain of salt; some of the posters can be vicious, with an ax to grind. However, if enough authors say the same thing, the comments may be worth considering.

Warnings on Absolute Write actually saved me from signing with one house that was on the brink of bankruptcy. It was a prestigious publisher (in my mind, anyway) and they’d offered me a contract, which thrilled me–but based on what Absolute Write authors posted, I was apprehensive about their financial future. Their senior editor called me and spent a half-hour assuring me how unlikely it would be, considering all of their great authors and reputation, that a big house wouldn’t swoop in and buy them out if they were to go under. I countered, saying signing with them felt like running into a burning building. Ultimately, I passed. And sure enough, after a few months, the house did indeed fold.

Read the Fine Print

Once you’ve queried and received a contract (or five), I cannot stress how important it is to read the agreements thoroughly, and if you have access to a lawyer, have them do the same. (A $149 yearly membership to the Authors Guild works well here because they’ll review your contracts and comment on them for no additional charge.) Some of the objectionable clauses I’ve encountered have included:

Ridiculously Long Commitments: I’ve seen terms of contract that extend all the way from ten years to signing away lifetime rights. The ones I’ve always felt most comfortable with last no longer than seven years—preferably five—and then rights revert to me. (Nonfiction can vary.) When I told one publisher that I would not agree to signing away my lifetime rights, they told me they’d cut the time in half. I found it amusing that they could predict how much longer I had to live.

Use of Your Author Name: I’ve also seen clauses that allow the publisher to restrict the use of the author’s name, giving them dibs on ANYTHING the author wrote for the period in question. It’s one thing to ask for a first right of refusal for the next book in a proposed series, but this was absurd. Considering I write in several genres, I turned them down immediately.

Reimbursement for Publishing Costs: I had one publisher who expected me to forego collecting royalties until they made back over $2,000 in publishing costs. That’s vanity publishing, and I wanted no part of it. Another publisher expected me to purchase one hundred books and spend my weekends flogging them at book shows. Again, unacceptable.

No Right to Negotiate: I like to retain my film/television and fo/reign translation rights, whenever possible. They are worth money! I am a little more open to letting my publisher sell the audiobook rights on my behalf, but that’s me. You might have other hot-button issues. But when a publisher says they don’t like working through lawyers, or that their contract is non-negotiable, I run.

What’s Your Experience?

Yes, there are many things to be wary of when self-publishing too, which I will discuss in a future post. But for now, I’m curious—how do you vet your publishers? And what crazy terms have you seen in the contracts publishers have offered you? Be sure to comment below.

Dawn M. Barclay

avatar
Dawn M. Barclay is an award-winning author who writes psychological and romantic suspense as D.M. Barr and non-fiction under her own name. Her eight published books include Expired Listings, Murder Worth the Weight, and Saving Grace: A Psychological Thriller. Her newest release, Deadly When Disturbed, will be released by Level Best Books in January, 2025. LBB will also publish her upcoming multi-volume series, Vacations Can Be Murder: A True Crime Lover’s Travel Guide. Dawn recently finished her second stint co-editing a Sisters in Crime NY/Tri-state anthology. New York State of Crime, published by Down & Out Books in the fall of 2024, which includes her third published short story, Orchestral Removals in the Dark.

Dawn offers developmental and copy editing through SuggestedDevelopment.com, and ghostwrites personal histories and corporate profiles through LegacyQuest.net. A member of ITW, she has served as president of Hudson Valley Scribes, vice president of Sisters in Crime-NY (still a board member), and the newsletter author/board member of the NY chapter of Mystery Writers of America. Follow her at www.dmbarr.com.

9 comments

  1. Very useful post! I think authors are sometimes so scared to push back on anything, they’ll sign anything. I had one contract once for a short story that wanted rights forever, and wanted rights to the CHARACTERS in the story forever. I said no way, asked for modification, and the editor withdrew the pub offer. Good riddance to bad (scary) rubbish, I say. I don’t know how to convince authors that their work is worthwhile. So often we are told our work is literally worth nothing. We’re asked to give it away, sign it away. Sigh…

  2. Truth! We work long and hard for that first contract and it’s mighty tempting to take any offer that comes along. Since most of us write series, this is a long term relationship. Better no contract, that one that will make you miserable.

Leave a Reply

Your email address will not be published. Required fields are marked *