Offer Made -- Now What?

[ehobbs]

Today I received an offer from a mid-tier graphic novel publisher. They've discussed an advance based on future royalties which seems fair. My question is, as a first time writer, what's too much to ask for? What is considered to be fairly standard?

Two of the things I'm most concerned about are ancillary rights (movies, tv, etc.) and making sure the publishing rights revert back to me if the book should fall out of print.

It would be great if Lee is lurking around this week because I'd love to hear his thoughts, but thanks to everyone in advance.

Eric

[Mark Bertolini]

I can't help out in any way here, but just wanted to give my congrats.

[Paul Sanderson]

Take any agreement to a lawyer and get the proper advice.

[harryd]

No clue too, but congrats

[Mookie Blaylock]

Originally Posted by Paul Sanderson

Take any agreement to a lawyer and get the proper advice.

Even if it seems like you are paying a big chunk of money to a lawyer now, a good deal for the future on a successful project is definitely worth it. Even if an attorney in your area isn't entirely familiar with the comics business and what the goals of your monetary negotiations should be; most competent business attorneys could help you reach your other goals involving publishing rights.

[JAQ]

Be very careful with the rights-reversion terms. A publisher could claim that something is "in print" as long as they have unsold copies available, which could tie up the rights indefinitely.

Adaptation rights can be a double-edged sword. If the publisher gets some of those rights, it gives them an incentive to pursue making that happen on your behalf. But it also means you wouldn't get all the money. And pay attention to who has creative control on such projects (e.g. Do you want them selling the movie rights to the Wayans brothers?)

[Lee Nordling]

Originally Posted by ehobbs

Today I received an offer from a mid-tier graphic novel publisher. They've discussed an advance based on future royalties which seems fair. My question is, as a first time writer, what's too much to ask for? What is considered to be fairly standard?

Two of the things I'm most concerned about are ancillary rights (movies, tv, etc.) and making sure the publishing rights revert back to me if the book should fall out of print.

It would be great if Lee is lurking around this week because I'd love to hear his thoughts, but thanks to everyone in advance.

Eric

Complicated question requiring complicated qualified answers.

First, forget the idea of whether you're first-time or not. The only thing that matters is whether or not your name is enough of a brand to help boost sales.

The answer puts you in the same boat with most of us.

You got some advice to go to a lawyer; that's good advice IF IF IF your lawyer understands what's MOST important to you. I've seen some really muck up deals on their clients' behalf.

Best advice: know WHY you want whatever amount as an advance, presumably against royalties. In my case, it's to ensure that the work can get done, that people (myself included) get what we need to focus on it and make the deadline.

In a business where advances go up and down depending on the publisher, that may be the best approach for you to consider.

Then there are practical trade book publishing realities, the ceiling that publishers have in order to make their p&l work. (Profit & Loss statements that editors put together as a commercial rationale for why the publisher should publish the book; don't see THAT in many direct market comic book companies, do you?)

If you want to chat for about fifteen minutes about contract specifics so I have a better idea of the offer and can give you some options, that'd be fine. Write me at lee@the-pack.biz.

Here's the thing, there isn't really ANY advice any of us can give you until we really know the circumstances, even though we can tell you what WE'D do; it's what YOU want to do that matters.

Sometimes wfh is okay, if the trade-offs are clear and worth it.

The trick is knowing EXACTLY what your downside is and determining whether it's worth the risk.

Let me know if you want to chat.

--Lee

[Paul Sanderson]

Originally Posted by Mookie Blaylock

Even if it seems like you are paying a big chunk of money to a lawyer now, a good deal for the future on a successful project is definitely worth it. Even if an attorney in your area isn't entirely familiar with the comics business and what the goals of your monetary negotiations should be; most competent business attorneys could help you reach your other goals involving publishing rights.

Agreed.