in Check It Out

A Newbie’s Guide to Publishing: Unconscionability

An author picks apart the standard publishing contract, showing how ridiculously one-sided it is.

Unconscionability also known as unconscientious dealings is a term used in contract law to describe a defense against the enforcement of a contract based on the presence of terms that are excessively unfair to one party. Typically, such a contract is held to be unenforceable because the consideration offered is lacking or is so obviously inadequate that to enforce the contract would be unfair to the party seeking to escape the contract.

If you read this blog, you know where I’m going with this. I’m going to point out some of the more one-sided, onerous terms in a standard publishing contract. And make no mistake–these are practically universal, and for the most part, non-negotiable.

via A Newbie's Guide to Publishing: Unconscionability.

  1. I really like JA Konrath, but I find this article REALLY flawed. He makes some really good points, but he likes to position things in a really unfavorable light, ignoring major details.

    An example would be his notes about basket accounting, and decrying how the author gets “nothing”, neatly ignoring the posited $30,000 ADVANCE that the publisher risked on his work. The example terms he lays out merely call for the publisher to make their advance back before paying out on profits. Is that so onerous?

    Another section I found troubling was his refusal to take responsibility for signing the deal. He compares authors to indentured servants and children toiling in sweat shops.

    “Indentured servants aren’t forced either. Nor are field hands picking potatoes in inhumane conditions. Nor are children working in third world sweatshops. Would you argue the conditions of their employment are fair because they went into the agreement willingly?”

    He goes on to talk about self-publishing and complains about making $150,000 on a self-published title, but

    The mind just boggles at his entitlement for comparing writing with being a slave.

Comments are closed.