In our previous article, we discussed how to negotiate book contracts and royalty rates. Negotiating these terms is essential because it helps ensure that you receive fair compensation for your work. However, there are many other steps on the path to becoming a successful writer.

Something else that you need to do if you want to find success in writing is to understand copyright and intellectual property. You have likely heard of these terms, but you might be unfamiliar with their precise definitions or how they apply to writing. Comprehending these concepts will greatly aid you in your quest for writing success.

Read on to find out more about copyright, intellectual property, and how these concepts apply to writing.

What Does Copyright Protect?

A copyright is a kind of intellectual property right. As far as what it protects, copyright safeguards original creative works. This does include literary works such as blogs, articles, poetry, essays, and of course, books. Literary works are classified that way because it is usually the intention for someone to read them.

This is a different category from “performing arts works”. Performing arts work include plays and they are usually performed in front of an audience. In any case, you should know that copyright laws do protect your book.

When Does the Copyright Protection Begin?

This is another important question to answer and may not be as straightforward as you think. You might think that your work is not protected by copyright until you have registered your work with the U.S. Copyright Office. It is understandable if you think that this is the case. However, this is actually not the case.

Registering your work with the U.S. Copyright Office is a great idea and you should do so. Despite this, you don’t need to do this in order for your work to be protected by copyright. Your original work is protected by copyright as soon as you ‘fix’ it in a specific and tangible medium. Simply put, your work is protected by copyright as soon as you type it into your computer or write it down on a piece of paper.

Once you have done so, your work has copyright protection, as long as it is original. You don’t have to do anything more than that for your work to be protected by copyright. However, you should register your work with the U.S. Copyright Office to provide yourself with a public record that you own the work. This also gives you additional legal benefits.

How Do You Register Your Work?

As previously stated, you don’t have to register your work with the U.S. Copyright Office to have it protected by copyright. It is protected as soon as you type it into your computer or write it down on a sheet of paper. However, doing so is still a good idea. The benefits include a public record of ownership and added legal benefits.

You have to fill out an application, pay a filing fee, and provide a copy of your work. Which application you fill out depends on whether or not your work is published and the amount of works you would like to register. In a copyright context, a work is published when someone distributes it to the public via renting, selling, lending, leasing, or transferring their ownership of the work’s copies in some other way. Additionally, if you offer your work to a group for additional distribution, public display, or public performance, your work is considered published.

You complete the Standard Application when you plan on registering a single literary work. You can also register your unpublished work by completing the Group Registration for Unpublished Works. This lets you register up to a maximum of 10 unpublished works as long as the same author wrote all of them and the author is the one claiming copyright protection.

You have other options when registering published works, as well. For shorter works, you can fill out the Group Registration for Short Online Literary Works. You can use this application to register a maximum of 50 short literary works you published online. Short articles, blog posts, and social media posts are a few examples of short literary works that belong to this category.

How Does Copyright Apply to Works Made for Hire?

In most instances, the person who created the literary work is the person who owns the copyright to it. However, there is a partial exception to this when it comes to ‘works made for hire’. Works made for hire are works that an author creates because doing so is part of their job. Alternatively, it could be a work created between the author and the party commissioning the work based on an express agreement to create a work that is part of a category explicitly identified in copyright law.

A translation is one example of such a work. In this case, the commissioning party or the employer is the one who owns the copyright to the work. However, as stated, the author is usually the one who owns the copyright to the work.

What Is Intellectual Property?

Copyright and intellectual property are similar, but not quite the same. Intellectual property refers to laws that protect the specific expression of an idea. Copyright is a type of intellectual property right. Copyright applies to original creative works.

In short, as an author, your original creative work is your intellectual property. Copyright is a specific kind of intellectual property right that provides your work with legal protection.

What If Someone Uses My Work Unlawfully?

Speaking of legal protection, you should know what you can do if someone uses your work unlawfully. It is important to mention that if your work is considered a U.S. work, you do have to register your work with the U.S. Copyright Office before you can sue someone in federal court for copyright infringement. The timing of your registration does make a difference if you want to sue someone for copyright infringement and would like to have them pay for your legal fees or provide you with other compensation, known as statutory damages.

Federal courts usually decide copyright lawsuits. If the damages are less than $30,000, you can also decide to have your copyright lawsuit adjudicated by the Copyright Claims Board. This is a voluntary forum that is part of the Copyright Office. Your work must have a registered copyright for you to consult the Copyright Claims Board about a copyright infringement lawsuit regarding it.

Understanding Copyright and Intellectual Property Is Key for Any Writer

You should understand copyright and intellectual property if you want to find success as a writer. Doing so will help you protect your work from unlawful use. Next time, we will cover the key differences between literary and commercial publishing. Visit our site soon to check out that article. See you next time.

Becoming a successful writer requires you to take quite a few steps. As we already covered, finding a literary agent, writing a query letter, researching literary agencies, and identifying the right publishing house are a few of these steps. However, these are far from the only steps you have to take.

Another step that you have to take to achieve success as a writer is to negotiate book contracts and royalty rates. Making money is often not the writer’s primary goal. Despite this, it is important to know how to negotiate book contracts and royalty rates. This ensures you receive fair compensation and agree to reasonable contracts.

Without further ado, continue reading to find out more about negotiating book contracts and royalty rates.

Consider These Points When You Negotiate Royalty Rates

Let’s begin with royalty rates. It is essential to keep in mind that the standard royalty rate when working with a traditional publisher may vary based on several factors. These factors include your status as an author (your experience and past success) and the genre of the book. However, the standard royalty rate is usually 10-15% of a sold book’s net price. It is best to consult with your literary agent if you feel you have been offered too low of a royalty rate.

Tiered Royalties

You may also choose to receive royalties through a tiered royalty structure. This means that the royalty rate you receive increases depending on how many books are sold. This helps incentivize higher sales. However, it also means that you receive lower royalties if your book doesn’t sell as well as expected.

You might want to avoid a tiered royalty structure if you are an inexperienced or lesser-known author. This structure might not be best for you. In your case, a set royalty rate is likely a better option.

Comparing Royalties to an Advance

It is crucial that you understand the difference between an advance payment and future royalties. These two compensation methods may seem similar, but they are different. An advance payment is a payment that you receive upfront in advance of future royalty payments. The publisher will then deduct this payment from the royalties that you receive from your book’s sales.

Future royalties, on the other hand, are the royalties that you receive based on the sales of your book. You continue to receive these for a longer period compared to an advance payment. If you want a long-term compensation method, royalties are a good option.

Think About the Following During Negotiations

Naturally, one of the most important topics you have to consider during negotiations is royalties. You should know the standard range of royalties. The standard royalty rate ranges from 8-15% of each book sold’s net revenue. As previously mentioned, this can vary based on the publisher you are working with and the genre of your book.

Consider Including ‘Escalators’

You might also want to include ‘escalators’ in your royalty rate agreement. In this context, escalators are sales milestones that lead to an increase in your royalty rate. For example, one escalator might be a 1% increase in your royalty rate when your book reaches 10,000 copies sold.

Discuss E-Book Terms

E-books are quite common these days. If you plan to sell your book in E-book format, negotiate separate royalty rates for the sales of your E-book. You might even be able to negotiate higher royalty rates for E-book sales.

Negotiate Subsidiary Rights

Consider subsidiary rights. It is important to negotiate so you have control if your book is adapted into a television series or film. Such adaptations have the potential for significant revenue, so ensure you will be compensated fairly and have as much control over these adaptations as you want. You should also talk to your publisher about audiobook production and royalty rates for audiobook sales. Audiobooks are quite popular these days, so this is critical to consider.

Examine The Publisher’s Promotion and Marketing

You should discuss the publisher’s intent, commitment, and strategy when it comes to marketing your book. Doing so can make sure your book is marketed effectively. Effective marketing is essential for your book’s success, particularly if you aren’t yet a well-known author.

You should also ensure you know what the publisher expects from you in regards to marketing your book. For example, the publisher might want you to promote it on your social media accounts. Discuss this in detail so you and your publisher have a clear understanding when it comes to marketing.

Revision and Delivery Deadlines

Of course, you will have deadlines to meet. Talk to your publisher and figure out reasonable deadlines for you to deliver and revise your manuscript. Ensure that you can meet these deadlines. Negotiate with your publisher and hammer out deadlines that work for all parties involved in your book’s publishing.

Be Aware of Key Legal Points

Do not agree to or sign a contract before your lawyer reviews it. Naturally, you might expect that your publisher will be honest when it comes to your contract. However, it is always a good idea to have your lawyer review the book contract before you sign it. Doing so ensures that you don’t sign an exploitative or unfair contract.

You should also ensure that you comprehend the contract’s termination clauses. You should know the conditions required for either party to terminate the contract. Knowing this is vital so you can avoid wrongful termination of the contract.

What To Do When Negotiating

Come Prepared

Ensure that you are prepared for the negotiations. Create a well-written proposal and accumulate data about your book’s potential market. It is also a good idea to do some research into industry standards regarding book contracts and royalty rates.

Act Professionally

You should always behave professionally during negotiations. Approach the negotiations from a collaborative and positive perspective. However, you should also ensure that you communicate your expectations clearly.

Maintain Flexibility

It is likely that you may have to make some compromises. You should be willing to do so, within reason. As long as you protect your core interests, compromises can help ensure smooth negotiations.

Talk to a Literary Agent

You might also want to consult a literary agent during negotiations. They can even handle the negotiations for you if you wish. In any case, having a literary agent on your side is quite beneficial.

Negotiating Royalty Rates and Book Contracts Is A Vital Part of the Process

It is essential that you properly negotiate book contracts and royalty rates. Doing so will help you succeed as a writer. The above information should help you do just that. Next time, we will discuss understanding copyright and intellectual property. Check back soon for that.

Aspiring writers need to do quite a few things in order to become successful. As we discussed in our previous article, one of these things is researching literary agencies to find the right one that fits the writer and their book. However, another one of the things that an aspiring writer needs to do in order to become successful is to identify the right publishing house.

There are a number of excellent publishing houses out there, including. Despite this, you need to find out that fits you and your book. For example, we welcome literary fiction, genre fiction, poetry, and narrative nonfiction. However, Neon Origami is not the right publisher for academic manuscripts.

Without further ado, continue reading to learn more about identifying the right publishing house.

Check Which Genre The Publishing House Specializes In

As previously stated, there are many top-notch publishing houses out there. However, this doesn’t mean that all of them are a good fit for you. You should evaluate the publishing house in terms of which genre or subgenre it specializes in.

It is important to evaluate the publishing house based on whether or not they actively publish books that belong to the particular genre or subgenre that you write in. If they do, they may be a good fit for you and your book. If not, it is probably best to consider other options.

Additionally, you should also examine the publishing house’s track record, reputation, and distribution.

Evaluate The Publishing House’s Track Record, Reputation, And Distribution

You should pay close attention to each publishing house’s track record when it comes to publishing books that become successful. You can also take a look at industry awards and author testimonials. All of this should help you make your decision. A publishing house with a great reputation and a long history of successful publication is likely the ideal choice, if it fits you and your book.

Naturally, distribution is a major consideration when choosing a publishing house. You should evaluate how well the publisher can distribute your book through a variety of distribution channels, such as libraries, online retailers, and bookstores. You don’t want to choose a publisher that will struggle to effectively distribute your book.

If the publisher seems interested in your book, you can talk to them about this. Ask them how they plan to distribute your book and see if their distribution channels are likely to get your book to your intended audience. If not, it is likely best to move on.

You should assess the publishing house’s financial terms, marketing, and editorial quality, as well.

Analyze The Publisher’s Editorial Quality, Marketing, And Financial Terms

Editorial quality is another important consideration when choosing a publishing house. Evaluate the publishing house and see if they have a reputation for giving authors support and aiding authors with comprehensive developmental editing. Top-notch publishing houses support authors and offer comprehensive developmental editing.

Analyze how the publishing house plans to market your book and see if you feel they have the correct strategy. It is also important to consider their marketing budget. They need to have the budget to effectively market your book. If they don’t, they might not be the right fit for you.

Speaking of money, you should assess the financial terms that the publishing house offers you. Different publishers are likely to offer different financial terms. Pay special attention to the royalty percentage and the advance payment that the publisher offers you.

Naturally, money is not the only consideration when it comes to choosing a publishing house. However, it can be an important part of the equation. You want to make sure you feel you are being compensated fairly for your work.

Research The Publishing House Before You Choose Them

As with many things, it is important to do your research before you choose a publishing house. Thankfully, there are a number of ways that you can do this. You can check online databases, attend author conferences, and read literary magazines in order to learn more about various publishing houses.

You can also consult other authors to learn about their experience with different publishing houses. You can do this by visiting the author’s website, since many authors have their own website these days. Also, you can reach out to an author via one of their social media accounts.

Going to the publishing house’s website is another good idea. Their website will provide you with plenty of useful information, such as their author list, submission requirements, and details about the publishing house’s editorial team. This information can help you determine whether or not a certain publishing house suits your needs.

Additionally, you can become a part of a literary community or a writing group in order to learn more about dependable publishers. Such groups can tell you about their experiences and help you make a decision. There are also a few final details that you should consider before you choose a publishing house to publish your book.

Pay Attention To These Final Considerations

You have likely heard of the ‘Big Five’ publishers: Hachette Book Group, HarperCollins, Macmillan Publishers, Penguin Random House, and Simon & Schuster. These publishers are highly respected, large, and capable of effectively distributing a wide variety of books. However, these publishers are often more selective about which books they publish and they might not be the right fit for you and your book. Keep that in mind if you are thinking about asking your agent to submit your manuscript to one of the ‘Big Five’ publishers.

Consider going with a smaller publishing house. Smaller publishing houses typically concentrate on niche genres. Additionally, they have the time to provide authors with more personalized feedback. It is possible that there might not be a smaller publishing house that is a good fit for you. However, it is best to evaluate them before trying to submit your manuscript to larger publishing houses.

Stay away from predatory publishers. If a publisher requests that you pay excessive fees, isn’t transparent, or promises you unrealistic outcomes, it is best to steer clear. Unfortunately, some publishers are disreputable and will take advantage of writers, especially inexperienced ones. If something feels off, trust your instincts and go to another publisher.

Finding The Right Publishing House Is Vital

Identifying the ideal publishing house for your book is a vital part of the process. The right publisher can help you and your book greatly. Next time, we will discuss negotiating book contracts and royalty rates. See you then.