Tips for avoiding publishing scams
I’m guessing since you’re reading a blog about writing you hope to someday be a published author. You probably have at least a partially finished MS and may even be in the stages of editing for publication. But have you done your research?
The land of publishing can be daunting for even the most experienced authors, but for those of us just starting out it can seem more like a barren wasteland full of vultures. And by vultures I mean scam artists waiting to prey on unsuspecting writers who don’t know the business.
Let’s start by going over some red flags. If an “agent” or “publisher” approaches you in the following manner turn them down.
Asking you to pay for publishing.
No legitimate publisher will ask you to pay to have your book published (this does not apply to self-publishing, in which case you will pay for most everything). In a typical publishing contract all expenses will be covered by the publisher and will (hopefully) be made back in book profits. Your agent will receive between 12-15% of the royalties of your book sales. Think about publishers as investors. They are buying your book and selling it to make themselves (and you) profit. You should pay NOTHING to have the book marketed or produced.*
*This isn’t to say you shouldn’t have it edited before you query it to agents, which can cost money (but that is your decision – it shouldn’t be an expense asked from the publisher).
Asking you to give up all rights and control of your story.
This is where you should be very careful. Scammers will tell you that you must give away all the rights to your story. The publisher only needs the rights to publish the book, permission to quote from the book (for marketing purposes), and some rights related to book distribution. The ideal contract term you should be looking for is referred to as “Subsidiary Rights”. You should be able to negotiate which rights you think you are entitled. Your agent will be able to help with this and if you feel it necessary you should get a lawyer to look over the contract.
Lately I’ve heard of a ‘publisher’ asking authors to give away lifetime and complete rights to their stories. This is ridiculous. Once you give away all rights to the publisher you will never be able to use, reproduce, redistribute that story again. In other words, ‘sayonara, suckers’.
If they contact you first.
Unless you are already a famous author, agents and publishers probably won’t be contacting you in an attempt to publish your book. Agents get queries every day and are in no short supply of talented authors. Basically, you have to make them want to work with you by creating a masterpiece and then pitching it to them. They won’t come running to you. Sorry.
Even after you land an agent, publishers won’t automatically accept your MS. They have to pitch your story to the company to see if it’s marketable material. This means it could be months, even years, before you get a response.
If someone approaches you because they think your book is ‘absolutely fantastic’ or tell you that 'they know someone who is a literary agent', it’s a scam. Run. Run far and run fast.
Refusing to pay you typical royalties.
Legitimate publishers buy the rights to your manuscript and pay you royalties on expected sales. Royalties are paid to the author after the publisher has earned enough to cover production and marketing costs.
According to http://www.writersservices.com typical royalties include:
Hardback royalties – 10% of retail price on first 5,000 copies. 12% on the next 5,000 and 15% after that.
Paperback royalties – 8% for the first 5,000 and then 10% after that
Ebook royalties – can be up to 50%
Recently I have witnessed scam publishers trying to get away with withholding royalties by claiming their authors will get paid only after they make over $1000. Do not sign a contract like this. Research how royalties really work and what you should get paid.
Want to know if the agent or publisher you want to work with is legit? Check out this site: http://absolutewrite.com/forums/forumdisplay.php?22-Bewares-Recommendations-amp-Background-Check
They give a list of scam artists that pose as agents and publishers.
And check out this video from Emma Kate from the Word Nerds on Youtube! She recommends Writer's Beware a blog by the Science Ficiton and Fantasy Writers of America.
Disclaimer: I am neither a lawyer nor a publisher. Any comments made here are solely my opinion, nothing else.
About Katrina:
Katrina Crane is a YA paranormal and fantasy author whose stories are often a mixture of horror and dark comedy: an unfortunate consequence of her warped sense of humor. She’s unrepentantly awkward and is a caffeine dependent being.
Katrina is currently attempting to complete Painting the Apocalypse, a paranormal YA novel focusing on the life of a possessed artist. She hopes to begin sending queries to agents sometime next year.