Most authors are seeking publication when they contact me. Perhaps they have an agency contract or publishing agreement they want to understand before signing. If they are in the process of writing their work, they may want me to draft an agreement to engage an editor or ghostwriter. But every so often an author contacts me hoping to terminate their publishing career.
Last week I received a call from a gentleman in California who had that wish. Why? Because he feared that one of the “crazy people out there” would eventually sue him and the publisher because of his book’s content. As most published authors know, their publishing agreement requires them to pay for their own defense as well as that of their publisher. After publishing a non-fiction self-help book five years ago, he had decided that he no longer wanted to fear being put in that situation. Besides, he added, he wasn’t receiving much in royalties anymore either. What would he have to do to terminate the contract? He wanted to know as soon as possible.
To see if I could help him, I would need two things. First, his publishing agreement, and second, the last three years of royalty statements. His response was not unusual. He had thrown the contract away some time ago and had not kept track of his quarterly royalty statements. Could he get copies from the publisher, he asked? Yes, I said, you should. Unhappy as he was to have to delay knowing what his options were, he promised to contact the publisher for the documents.
What I did not say is that it could take weeks before the publisher could provide the documents. Worse, I have had instances where neither the publisher nor the agent could locate the original publishing agreement. If the publisher offers to send you a sample contract, how can you be sure it reflects the terms you or your agent originally negotiated? Occasionally, those agreements include handwritten revisions or deletions.
The lesson is simple. Treat your publishing documents with the same respect you have for your drivers license or credit cards. If and when you sign any contract related to the writing or publication of your work—including agency and licensing agreements–scan a signed copy onto your computer or a thumb-drive and save a physical copy in a file with other important papers.
You never know when it may matter.