AboutCathy Clamp Expertise I'm happy to answer questions about any aspect of getting published through commercial publishers, ebook publishers and self-publishing I can help with writing a query letter and synopsis to an agent or editor. I can explain publishing terminology, acronyms and manuscript formatting. I can also assist with questions about verifying the credentials of agents/publishers and how to proceed once you've been accepted for publication.
Experience I'm a USA Today bestselling author of romance fiction in the Tor/Forge Books paranormal romance line. Along with a co-author, I've published eight novels (combination of mass market and trade softcover) since 2003, and have contracts for six more books through 2009. I've also published short stories in regional and national magazines as well as freelance feature articles.
Organizations Romance Writers of America, Science Fiction & Fantasy Writers of America, International Thriller Writers, Western Outdoor Writers, Horror Writers of America.
Publications Books: Tor/Forge Books, Western Reflections Publishing; Magazines: Rocky Mountain Game & Fish, Guns & Ammo, Fur-Fish-Game, many others.
Education/Credentials My educational background is limited to real life experience of publishing novels commercially for the past five years.
Awards and Honors USA Today bestseller, Waldenbooks Mass Market Paperback Top 20 bestseller, Nielsen BookScan Top 20 bestseller, Book Buyers Best Award for Paranormal, 2007, Romantic Times Best Werewolf Novel, 2006, Write Touch Readers Award, EVVY Best Historical Chronicle Award, The Lories Best Paranormal. Many others.
Expert: Cathy Clamp Date: 2/18/2008 Subject: co author contract
Question QUESTION: Dear Cathy, I'm looking for a contract that can be used between my friend and I. He has helped me write a book about a part of my life as I came to terms with my sons death.We will self publish the book towards the end of the year in the UK and I want to have a contract giving him 30% of this books returns but retain all other rights for my self. He wants 0% but I insist he has a share. many thanks for any help you can give. Regards Jim Davey
ANSWER: Hi, Jim!
Well, there are two kinds of "self-publishing." One is where you hire a company that becomes the "publisher." You have a contract with that company as an author. They sell the book through various sites, and send you a royalty check. While they CALL this "self-publishing" it's really not because you're an AUTHOR, not a publisher. In actual self-publishing, you're hiring a PRINTER, not a publisher. You're the company who sells the book from a private website or contracting with bookstores to put it on the shelf. You recover your profits (after overhead is paid), rather than receive a royalty.
Which one are you planning? That will make a big difference in what sort of agreement you make. :)
Cathy
---------- FOLLOW-UP ----------
QUESTION: Thanks Cathy, I'm not so worried about the actual publishing/printing I'm concerned about getting the rights set out.a 30 / 70 split on anything we get from a publisher or our own endeavours to sell it, but for me to keep all other rights. a follow up book , a stage play, tv and film.
regards Jim
Answer Yes, I understand, Jim. But the question is who is the agreement BETWEEN? Let's look at two examples (presuming you'll be using a subsidy publisher that you're going to pay.)
Agreement #1---between you, your friend, and the publisher. Basically BOTH of you would sign with the publisher, and within that agreement, you would instruct the publisher to pay 70% to you and 30% to your friend. This puts any income reporting requirements on the publisher. Unfortunately, not living in Britain, I'm not certain at what pound level you're required to report income for taxation. Here in the States, royalties are paid to the author as a gross sum and the author is responsible to pay taxes once the amount has reached $600 in a year. Do you want the publisher to be responsible for reporting the income to the government and for withholding taxes, if they do that there? If so, then this is your best bet.
Agreement #2---between you and your friend. The publisher would pay all money to YOU. Only your name is on the agreement, and any fees or taxes owed are fully on your shoulders. You pay the 30% to your friend. At some point, if the book does well, you'll have to decide how to make his portion taxable. That turns you into an employer. There might be forms that would need to be filled out once an agreement is in place to share the income because the publisher will be required to report. If it turns into big money, you might be required to open a trust account to hold the funds once you sign a document. I don't know, unfortunately, not being familiar with the laws. But it's definitely worth contacting a solicitor there to check out your duties and the regulations.
You'll have to find out how the publisher intends to print the book. Quite often, it's in trade softcover form (if you're the publisher, you can choose to make it a paperback, or a hardback or anything else---another reason I asked.) You'll want to ONLY assign royalties on that particular form of book. If a major publisher decides to pick it up and put it out as a hardback or as a mass paperback, that would be a whole different thing and whether you choose to pay a percentage could be later decided. Same with, as you say, audio tapes, or TV, stage play, etc. They're all different "rights."
Again, I'm going to suggest a solicitor to draft this, simply because the entertainment laws over there are quite different than the U.S. If you can't afford an attorney, there are volunteers solicitors there, just like here in the States, who do low-cost or pro bono (for free) services for authors and artists. Give this site a try. It might be just the thing you're looking for.
If you still have questions you think I can answer, please do let me know. I hope this helps frame your questions a little better, either way. Good luck! :)
