Textcetera: Signing your first book deal

For the debut author, receiving your first publishing deal is a cause for celebration. But before you can sign on the dotted line, there may be some negotiating to do. Elaine McCluskey, who has published with small presses across the country, has gone through this process several times without an agent. “Even though some may be embarrassed talking money,” she says, “authors can navigate this on their own.” Below is Elaine’s to-do list for considering your first book deal with a traditional publisher.

Take some time

It’s perfectly reasonable to ask for a week or two to review a publishing contract (sometimes also called a ‘publication agreement’) before signing. As Elaine points out, “if this is your first book, you may be too excited to scrutinize the fine print” right away.

If your manuscript is a simultaneous submission, this will also give you time to update any other publishers who are currently considering your manuscript. Who knows? You may even end up with a competing offer or two!

Seek out resources

“It is always good to talk to writers who may have worked with the same publisher,” says Elaine. “They can tell you what the experience was like and whether you need to adjust your expectations. You might also ask a relative or a friend to read your contract—in the same way you might ask them to check your income tax return.”

Outside of your personal circle, the Writers’ Union of Canada offers contract-related resources on their website. You can also hire a lawyer to review the contract and provide you with detailed recommendations (although they may ask for the name of your publisher, to do a conflict-of-interest check, before agreeing). For writers on a budget, the Nova Scotia Artists’ Legal Information Society is another option. Though they can’t advise you on contract negotiations or changes, their volunteers can help explain any legal terminology that might be confusing or unclear. NSALIS also offers a free legal guide for writers.

The details do matter

As with all contracts, the fine print can make a big difference in your publishing deal. For example, “saying the book ‘may’ be released in 2023 is not the same as the book ‘shall’ be released in 2023. Some publishers also have a first-right-of-refusal clause, which means they get first dibs on your next book. Look for that. Do you want this?”

Those authors who have incorporated elements such as epigraphs, song lyrics, or photos in their work should consider that it is almost always the responsibility of the author to obtain official permission from the copyright holder and to pay any associated licensing fees. “Some photos can be acquired inexpensively—the Nova Scotia Archives has very reasonable rates—while others can be costly,” Elaine notes.

Elaine also suggests that authors “read the clause on royalties and the advance-on-royalties closely. When do you get the advance? Is it as soon as the manuscript is delivered or after the final edit? Is it split up?” As for the amount, “if your book is topical and has sales potential, you might ask for more than originally offered,” but be prepared to do some research and comparisons to back up any requests of this nature. Margins for most small presses across the country are extremely tight.

Finally, “make sure you know what type of publisher you are talking to. A traditional publisher gives you an advance and does not ask you to pay for anything, including distribution.” Self-publishing through a hybrid publisher “is great for some authors and can jump-start their careers, but requires authors to cover some costs.”

Talk to your publisher

Elaine’s last piece of advice? “I would recommend that the author not be afraid to ask questions during negotiations and production. Publishers are not offended when you give polite feedback or ask reasonable questions, such as what are your plans for this book? Where do you see it fitting into your publishing plans? What do you need from me?”

Whether meeting in person, virtually, or over the phone, these negotiations can be helpful to both sides. Treat this process as an opportunity for earnest dialogue about your work and a chance to establish a rapport with your publishing team. If you feel uncomfortable about anything, it never hurts to ask. The more you learn during your first book deal, the more confident you’ll feel the next time around.

Please note that this blog post is for informational purposes only. Writers seeking legal advice on their contracts should speak with a lawyer.

Not yet at the stage of signing a contract? Check out our new public resource—You’ve Written a Book—Now What?, prepared by author and publishing professional Sal Sawler—for a crash course in how publishing in Canada works.

textcetera is a blog series exploring the writer’s life beyond craft. “Signing your first book deal” was written by K.R. Byggdin.

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Simultaneous Submissions

The Writers’ Federation of Nova Scotia (WFNS) administers some programs (and special projects) that involve print and/or digital publication of ‘selected’ or ‘winning’ entries. In most cases, writing submitted to these programs and projects must not be previously published and must not be simultaneously under consideration for publication by another organization. Why? Because our assessment and selection processes depends on all submitted writing being available for first publication. If writing selected for publication by WFNS has already been published or is published by another organization firstcopyright issues will likely make it impossible for WFNS to (re-)publish that writing.

When simultaneous submissions to a WFNS program are not permitted, it means the following:

  • You may not submit writing that has been accepted for future publication by another organization.
  • You may not submit writing that is currently being considered for publication by another organization—or for another prize that includes publication.
  • The writing submitted to WFNS may not be submitted for publication to another organization until the WFNS program results are communicated. Results will be communicated directly to you by email and often also through the public announcement of a shortlist or list of winners. Once your writing is no longer being considered for the WFNS program, you are free to submit it elsewhere.
    • If you wish to submit your entry elsewhere before WFNS program results have been announced, you must first contact WFNS to withdraw your entry. Any entry fee cannot be refunded.

Prohibitions on simultaneous submission do not apply to multiple WFNS programs. You are always permitted to submit the same unpublished writing to multiple WFNS programs (and special projects) at the same time, such as the Alistair MacLeod Mentorship Program, the Emerging Writers Prizes, the Jampolis Cottage Residency Program, the Message on a Bottle contest, the Nova Writes Competition, and any WFNS projects involving one-time or recurring special publications.

Recommended Experience Levels

The Writers’ Federation of Nova Scotia (WFNS) recommends that participants in any given workshop have similar levels of creative writing and / or publication experience. This ensures that each participant gets value from the workshop⁠ and is presented with information, strategies, and skills that suit their career stage. The “Recommended experience level” section of each workshop description refers to the following definitions used by WFNS.

  • New writers: those with less than two years’ creative writing experience and/or no short-form publications (e.g., short stories, personal essays, or poems in literary magazines, journals, anthologies, or chapbooks).
  • Emerging writers: those with more than two years’ creative writing experience and/or numerous short-form publications.
  • Early-career authors: those with 1 or 2 book-length publications or the equivalent in book-length and short-form publications.
  • Established authors: those with 3 or 4 book-length publications.
  • Professional authors: those with 5 or more book-length publications.

Please keep in mind that each form of creative writing (fiction, nonfiction, poetry, and writing for children and young adults) provides you with a unique set of experiences and skills, so you might consider yourself an ‘established author’ in one form but a ‘new writer’ in another.

For “intensive” and “masterclass” creative writing workshops, which provide more opportunities for peer-to-peer feedback, the recommended experience level should be followed closely.

For all other workshops, the recommended experience level is just that—a recommendation—and we encourage potential participants to follow their own judgment when registering.

If you’re uncertain of your experience level with regard to any particular workshop, please feel free to contact us at communications@writers.ns.ca