Guide to Contracts

Many authors may have little experience with book publishing contracts. Based on questions we’ve received before, we put together this guide for prospective authors. We’ve included it on the Author KB in case you have any contract questions in the future.

Grant of Rights

The Grant of Rights is a standard and essential part of all publishing contracts, since it’s where the author assigns the publisher the right to print and publish their work. This section establishes the conveyance of rights by an author to a publisher.

Our Grant of Rights specifies the rights you’d be conveying to How2Conquer in the list below paragraph 1:

  1. “To publish, distribute, sell, and generally exploit the Work” (This allows us to offer paperback, ebook, and – should the author choose to – an audiobook format of the book. If a new format came about in the future, we would be able to approach the author about offering it.)
  2. “To make and sell, and authorize others to make and sell, all translations, abridgements, excerpts, other editions, and other versions and derivatives of the Work” (This item means that if we wanted to release a new edition of the book, or if we thought a translated version of the book would do well, we could approach the author about it. If a magazine or newspaper wanted to print an excerpt, we could work with them to do so.)
  3. “To authorize use of the Work by others without compensation to the Publisher or Author, if, in the judgment of the Publisher, such use may benefit the sale of the Work or of subsidiary rights in the Work” (This clause is related to marketing.)

Please also note in paragraph 2, “Other Rights”: All rights not expressly granted to the Publisher shall be wholly reserved by the Author. The Publisher acknowledges that the general ideas and concepts contained in the Work may be used by the Author in the normal course of the Author’s day-to-day business.

The purpose of assigning a publisher rights to your work is to officially give them permission to publish it; without this, a writer could in theory claim they never gave a publisher permission to print their book. And if another party decided they wanted to create a derivative work without permission, since the publisher has a stake in the work, the author has an ally should they need to pursue legal action.

Authorized Use by Others

“To authorize use of the Work by others without compensation to the Publisher or Author, if, in the judgment of the Publisher, such use may benefit the sale of the Work or of subsidiary rights in the Work”

This clause is related to marketing – for instance, if a blogger/influencer wanted to quote a portion of the work, or a speaker wanted to use the book in some way for a talk/workshop. Authorized use would not include letting another party quote or use the book in a way that in White Deer Publishing’s opinion was not somehow helpful to sales.

We will be putting together a list of contacts (e.g. reviewers, bloggers, podcasts, influencers, etc.) who could potentially quote or otherwise promote the book. We are happy to share this list with you prior to executing such plans. Should an opportunity arise after launch, we would contact you, and ask that you let us know within 7 days if the opportunity doesn’t feel right.

Author Compensation

This section describes royalties: how they are calculated, format and licensing standard rates, and advances.

Royalties on Publisher’s Editions

Royalty payments are based on net copies sold for the life of the book. The number of net copies sold only resets if the book is updated and a new edition is released.

“Edition” refers to different formats (e.g. print vs. digital) as well as reprints and new editions. New editions have to do with copyright law and ISBNs.

If a book is reprinted, even if there are minor changes (e.g. fixing typos), you are allowed to release it under the original ISBN. If there are significant changes, you are legally required to issue the book as a new edition and assign a new ISBN. Per ISBN.org:

“A new edition means that there has been substantial change: content has been altered in a way that might make a customer complain that this was not the product that was expected. Or, text has been changed to add a new feature, such as a preface or appendix or additional content. Or, content has been revised. Or, the book has been redesigned.”

As the new edition would be considered a new book in the eyes of copyright law, a new edition would therefore essentially “restart” royalty counts.

Author’s Share of Revenue from Licensing of Rights

Licensing of rights has to do with “secondary” (or “subsidiary”) rights. These are rights the publisher licenses to third parties.

Secondary rights can pertain to the following, but are not limited to: merchandising, periodical publishing, foreign editions, TV/film rights.

This clause establishes equal shares if the opportunity for licensing of rights arises.

The Manuscript

Artwork, Permissions, Index, and Other Materials

Written authorizations and permissions

If you prepare the Artwork, Frontmatter, and/or Backmatter, and any of these include the use of copyrighted or other proprietary materials owned by a third party, you must provide us with written authorizations and permissions for their use. Please note that the form and substance of these items must be approved by How2Conquer (see 9. Publisher’s Rights on Delivery).

If the Work describes, quotes, or depicts any person or entity, you’ll also need to provide written releases or consent from that person or entity.

If you are not creating the Artwork, Frontmatter, Backmatter, or other materials

You do not have to provide all of these materials. We often handle these in our projects and are happy to create them as part of the production process.

  • HYBRID: The costs for time and creation of these items are included in the Services Package.
  • TRADITIONAL: The costs for time and creation of these items will be managed by How2Conquer.

Publication

Author’s Copies

Our authors receive 25 free copies of the initial print edition. We would be willing to discuss a limited promotion/discount code for the ebook and audiobook.

Revised Editions

Effective Term and Revisions/New Editions

It is standard for publishing contracts to have an effective term that is in perpetuity. This is why the process and reasons for terminating this agreement are described in such detail for both parties.

We don’t anticipate pursuing a revised edition if the author(s) are not on board, however there are some situations where we might such as factual corrections, new technology, and posthumous updates.

Copyright Notice and Registration

A copyright is exclusive legal right to the creator of original works to print, publish, and to authorize others to do the same. This contract authorizes How2Conquer to publish, print, and distribute your work in a variety of ways.

We apply for registration of the copyright of our books at no cost to our authors. Our authors retain the copyright to the text, while we are assigned copyright to the artwork, cover art, and illustrations.

Copyright exists automatically in an original work of authorship once it is fixed in a tangible medium, but to protect this copyright, we will also register an ISBN and LCCN (Library of Congress Control Number).

Warranties, Representations, and Indemnities

Author’s Indemnity of Publisher

This clause ensures that an author does not present How2Conquer with a work that is not their own. If it is discovered that the work has been copied, this clause would protect How2Conquer from any claims against the author.

Other Rights and Restrictions

Title and Series Rights

This clause provides for any books you may decide to write in the future.

First Right of Refusal

In the publishing world, contracts generally ask authors to offer the publisher of their first book the option to publish their second. This is included as an “option clause.”

In our contracts, we ask that our authors give us first right of refusal. This simply means that if they decide to write another book, they offer us the option to publish it before approaching other publishers. The timespan is intentionally short so White Deer Publishing must decide if we will publish the next book quickly. If White Deer Publishing decides to publish the book, a new contract is drawn up and must be agreed upon by both parties.

Conflicting Publications

This paragraph only applies to “substantially similar nonfiction works.” “Substantially similar” refers to “any works focusing on the same subject, aimed at the same audience, and/or treated in the same manner as the Work published by the Publisher under this agreement.”

This paragraph exists because a substantially similar book could potentially hurt the sales of the work under this contract.

Cessation of Publication

Author’s Right to Terminate Agreement

This clause outlines the process to address any issues or dissatisfaction raised by the Author.

Author Dissatisfaction

If the Author is dissatisfied with any aspect of the relationship with the Publisher or the Publisher’s performance, they have the right to raise this with the Publisher, and the Publisher has the right to address any items indicated before termination takes effect.

The Publisher is given a term of 6 months to address dissatisfaction the author may give as reason to terminate the agreement. This is to allow adequate time for the publisher to address these issues and for changes to take effect. If these changes have not remedied the author’s cause for concern, termination of the agreement then takes place 120 days after the publisher receives notification as such from the author.

The process is as follows:

  1. The Author must send the Publisher written notification of the Author’s intention to terminate the Agreement, along with a statement of the specific problems causing dissatisfaction.
  2. The Publisher has 6 months after receiving notification to address the items raised.
  3. At the end of the 6 months, if the Author is satisfied, the contract continues as before.
    If the Author is not satisfied, the Author must send the Publisher written notice of termination.
  4. Termination of this Agreement takes effect 120 days after the Publisher receives this notice, unless there are any outstanding sums owed by the Author to the Publisher in connection with the Work at that time, in which case the termination will not take effect until such outstanding sums have been paid.

Other Reasons for Author’s Right to Terminate Agreement

The Author also has the right to terminate this Agreement:

  • if the Publisher fails to publish the Work within 12 months of the Final Delivery Date,
  • if the Publisher fails to make any report of sales or payment pursuant to the "Reports and Payments" paragraph, or
  • in the event that the Publisher files for bankruptcy or enters into a liquidation proceeding.

In these cases, the process is as follows:

  1. The Author must send the Publisher written notification of the Author’s intention to terminate the Agreement.
  2. Termination will take effect 60 days after the Publisher’s receipt of such notification unless the Publisher has remedied the problem justifying the termination during the 60-day period.

If the Publisher files for bankruptcy, the Publisher shall notify the Author in writing within 30 days of filing.