For book/ebook authors, publishers, & self-publishers

License Rights of Audio Work

Hi Group,

Although I publish my own books, I am considering allowing a publisher to convert some of my stories into audio presentations. She wants to pay me an advance and royalties based on "net sales price" for units sold after #500, 40% for 1,001 through 1,500, and 50% for 1,501 and more.

She also specifies that net sales price means, "gross invoice price less: 1. any discount. 2. any sales tax, value added tax, or other tax with respect to such a sale, and 3. any amount which constitutes a reimbursement of incidental expenses incurred on behalf of a customer, including withough limitation, separately itemized packaging, transportation and insurance charges billed to and paid by the customer."

This royalty clauses seems pretty unfair, and I plan to attempt to negotiate.

Has anybody had any experience selling or producing dramatic audio renditions of stories/books? If so, what could you suggest that I give as a counter-offer in negotiations?

Thanks!

P.S. I've attached the .pdf copy of the contract.

Attachments:

Jim Musgrave_Zinggong.pdf, 46 KB

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Replies to This Discussion

Permalink Reply by Dennis AuBuchon on September 30, 2007 at 2:33pm

Jim,

I have not had any experience with audio publishing contracts. However, I have had experience with normal publishing contracts and contracts in general. I looked at your pdf copy of the contract and I agree with you that the terms are definitely less than fair. Granted there are certain things that a publisher has a right to do to cover their expenses and taxes. The contract you have as an attachment should be more written in terms that are easily understood. The language could be better written to identify the rights of the publisher and the rights of the author.

If you want to negotiate with this publisher I would try to get better language which specifically spells out the rights and responsibilities of the author which should have a right of cancellation without the publisher having the right to keep producing the material. It should also clearly spell out the rights and responsibilities of the publisher. I have a free download of my publishing experience that you can get from my web site (www.myqualitywriting.com). I think it would help you since it provides some guidelines and suggestions on reviewing contractual terms of any kind much less a publishing contract.

Getting royalties up front to some may be a good idea but in my opinion if the audio file does not sell well, which I am not saying it will not, depends on the marketing that is generated. If this occurs you may end up paying back money to the publisher. I would recommend getting royalties as copies are sold. I would also want to have it clearly idenified how and when your royalties would be paid. There should also be a provision for differences of opinion regarding the amount of royalties you may feel you deserve vs what they show. Keeping track of sales is a difficult task in today's environment but I wish you all the success for your book.

As a last item I would possibly search other audio publishers to get a comparison of their contracts and benefits and terms. In this way you would have a better understanding of the terms offered by other publishers for your material.

I would also check out the preditors and editors web site www.antherealm.com/preditors/ which has comments regaring various types of publishers.

Good luck