Acceptance and negotiation
Once a work is accepted, commissioning editors negotiate the purchase of intellectual property rights and agree on royalty rates.
The authors of traditional printed materials sell exclusive territorial intellectual property rights that match the list of countries in which distribution is proposed (i.e. the rights match the legal systems under which copyright protections can be enforced). In the case of books, the publisher and writer must also agree on the intended formats of publication -— mass-market paperback, “trade” paperback and hardback are the most common options.
The situation is slightly more complex if electronic formatting is to be used. Where distribution is to be by CD-ROM or other physical media, there is no reason to treat this form differently from a paper format, and a national copyright is an acceptable approach. But the possibility of Internet download without the ability to restrict physical distribution within national boundaries presents legal problems that are usually solved by selling language or translation rights rather than national rights. Thus, Internet access across the European Union is relatively open because of the laws forbidding discrimination based on nationality, but the fact of publication in, say, France, limits the target market to those who read French.
Having agreed on the scope of the publication and the formats, the parties in a book agreement must then agree on royalty rates, the percentage of the gross retail price that will be paid to the author, and the advance payment. This is difficult because the publisher must estimate the potential sales in each market and balance projected revenue against production costs. Royalties usually range between 10-12% of recommended retail price. An advance is usually 1/3 of first print run total royalties. For example, if a book has a print run of 5000 copies and will be sold at $14.95 and the author receives 10% royalties, the total sum payable to the author if all copies are sold is $7475 (10% x $14.95 x 5000). The advance in this instance would roughly be $2490. Advances vary greatly between books, with established authors commanding large advances.
Tags: Acceptance, and negotiation