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There are countless other clauses in publishing contracts, which can range from how many free copies the publisher will give you to what happens if the publisher declares bankruptcy. Many of these clauses are part of a publishing house's standard contract, and generally you don't need to worry too much about them. However, there are two increasingly common provisions you need to be aware of: noncompete clauses and work-for-hire agreements.

Noncompete Clauses

Almost all publishers include a noncompete clause in their contracts, because they don't want their authors writing new books that could hurt the sales of their first book. If you've written a book about do-it-yourself kitchen remodeling, your publisher will want to make sure that your future books — at least for the term of the contract — don't focus solely or substantially on kitchen remodeling. A typical noncompete clause prohibits you from selling another work that either competes directly with your book or is likely to “diminish its sale or diminish the value of any rights granted” in your contract.

If you have an agent, she should be well versed in all the terms and industry standards for publishing contracts; your agent also will know which items are negotiable and which aren't. If you don't have an agent, you might want to consider hiring an attorney who specializes in copyright law or publishing to look over your contract before you sign it.

Sometimes noncompete clauses can be overly strict, and you'll want to negotiate more reasonable concessions. No noncompete agreement should extend beyond the term of the contract, nor should it bar you from including a chapter in your next book that is related to your current book's topic. It also should not prevent you from doing other types of work on the same topic; you should be free to write magazine articles about kitchen remodeling, for instance.

Work for Hire

As recently as ten years ago, work-for-hire arrangements were considered to be terrible deals for authors. When you write a work for hire, the publisher owns the copyright and the myriad rights that go with it, while you get a comparatively small flat fee and, sometimes, not even credit for your work. You don't participate in any future earnings from the book, and you can't exploit other rights like merchandising.

Work-for-hire arrangements still make many authors — and their advocates, like the Authors Guild — cringe. But they have become far more acceptable and more common as publishing has become more competitive. Importantly, many work-for-hire arrangements today give you credit as author of the work, which is a distinct advantage for new authors who are looking for that first book credit to launch their career.

There are several factors to weigh when deciding whether to accept a work-for-hire contract. Most critical for beginning authors — even more critical than the money — is whether you'll be credited on the book cover. If so, this kind of project can help you break into publishing. If not, you'll still be considered an unpublished author, so it won't help your career. Other factors to consider include the following:

  • Is the fee fair for the amount of work you'll have to do?

  • Is the publisher established and respected?

  • Are the topic and angle reasonable?

  • Is the topic something you're interested in?

  • Does the timeline for the book suit you and your schedule?

  • Because it is so difficult for newcomers to break into publishing, you should give a fair amount of thought to work-for-hire opportunities before declining them. As long as you get author's credit, a work-for-hire book carries just as much weight with other publishers as a royalty-based book. The right work-for-hire project can be the springboard for your book-writing career.

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