Publishing Contract - Unsure about the legal wording

Question

So I've just been sent through a publishing contract for my debut novel. I don't have a literary agent as I submitted straight to the publisher. They liked the manuscript and have sent me a contract but I'm really not sure if I should go with them.

The publisher are a small company with only 3 previous titles, none of which look as though they've sold well though they have good reviews. They want exclusive world rights to publish the story in any format, books, ebooks, film, TV, audio book etc.

It also says once the novel is published it will remain with the publisher which will protect its asset as sole owner.

The final thing that seems dodgy is that they are going to pay an upfront fee but then nothing else. No royalties from book sales, no fee if it gets picked up as an audio book or film or TV (I know this is highly unlikely but it still doesn't sit right that I wouldn't receive any money if it does do well.)

Apart from the lack of royalties, which I know is unusual, does any of that sound strange or are they fairly ordinary publishing contract terms?

Would you advise I take this deal or run away?

Answer 1

It isn't ordinary. It is a scam. Publishers always give royalties. Most likely, the reviews are scripted. Oh yes, don't give them the rights. You can give them first release rights or maybe even nationwide rights, but not worldwide rights. If you do, you won't be able to publish your book anywhere else. It is robbery.

Answer 2

This is, at best, highly unusual. Any reasonable publishing contract will contain a termination clause, or be for a limited time. One termination event would be if the work becomes out of print, which the contract would define.

Specialized works for a niche market, and technical writing for hire may have only an upfront payment, no royalties. But for a general novel this is very unlikely.

A publisher with only three previous titles is unlikely to have a proper distribution network, and even if all else is fine, adds significant risk to the deal for the author.

This sounds like a scam, and even if it is not, like a bad deal for the author. You could get a lawyer or a decent agent to review the contract. Or you could just ignore the offer, sign nothing, and keep submitting to other firms.

However, many traditional publishers of novels no longer accept unagented submissions, so you may want to obtain an agent if you can. One thing an agent can do is avoid scam or unreliable publishers.