4 Reasons You May Want an Attorney When Signing a Hybrid Publishing Contract

As more authors turn to hybrid publishing as an alternative to traditional publishing, it’s important to know when to seek legal counsel in the process.

When an author signs a traditional publishing deal, she is usually represented by an agent or attorney to help negotiate the deal points. The same should be true in hybrid contracts, unfortunately however, this is usually not the case. As a result, the hybrid publisher gets 100% of the terms in their standard contract with the author having little idea of what they signed.

Before you sign, here are some important considerations to keep in mind:

Copyright Protection

As soon as you write words down on a page, you own the copyright to that document. However, it only becomes important when it’s published, or released publicly, in some way. It’s at this point that you should file the copyright with the U.S. Copyright Office. Having a copyright and proving that you own the copyright are two different things. You want the proof and the statutory protection that only filing with the Copyright Office can give you.

Some self-publishing services or hybrid publishers may contractually agree to file the copyright for you. If so, make sure they actually do it and that they do it in your name! If it’s not part of your contract, then you’ll either want to do it yourself at copyright.gov or hire an attorney. The cost to file is $45 so anything over that is the attorney’s fee.

Legal Vetting

Speaking of copyright protection, did your book violate anyone else’s copyright? Or trademark? Did you defame anyone or violate anyone’s privacy rights? These are called legal red flags and what a publishing attorney looks for when legal vetting a manuscript. Traditional publishers have either in-house counsel or use outside counsel to legal vet their manuscripts because traditional publishers can be sued for the author’s infringements or alleged claims of infringements. That doesn’t mean you’re completely off the hook in traditional publishing, however, because all publishing contracts shift the burden of liability onto the author through an indemnification clause. For big publishing companies, chances are however the publisher’s legal team or their insurer will have your back. But don’t expect this to be the case, however, if you are using a hybrid or vanity press.

If you are concerned that your book has content that could be potentially defamatory or invasive of one’s privacy rights (or just piss someone off), then you should inquire about their process of legal vetting. Even if the press gives you the thumbs up on your manuscript, inquire further as to their legal vetting process. Your contract with the press will shift the liability onto you. Consider having a publishing attorney legal vet your manuscript, in addition to getting media perils insurance. This also applies if you are self-publishing.  

Intellectual Property Rights

The thrill of having your book published can sometimes cloud one’s judgment when it comes to signing on the dotted line. The thought of having a “publisher” do everything instead of self-publishing can be an attractive option, but the line between a self-publishing service and a hybrid publisher can be blurry and a matter of semantics. Keep in mind that anyone can have the word “publisher” or “press” in their business name.

While the traditional publishing contracts are somewhat standard, aside from the important deal points such as advance and royalties, the hybrid or vanity press contracts can be all over the place. A hybrid contract will inherently involve payment from you, but pay particular attention to the terms. Look out for hidden fees that could be for print copies, marketing, distribution, editing, and production fees. Also, know what IP rights you are giving to the publisher.

Many hybrids form and dissolve every year and you don’t want your IP stuck with a failed company with no recourse. In addition to having an attorney review and even negotiate one of these contracts on your behalf, research the company for reviews from past authors.   

Self-Publishing Service or Hybrid?

If you decide to hire a service to self-publish your book under your publishing name or company without the headaches, then you’ll likely enter into a simple service agreement. Be on the lookout for any extra fees that may not have been discussed. Like the hybrid contracts, there should be a provision that you maintain ownership in all rights. If you are unsure what you’re signing, then have an attorney review it before signing.

Books are laden with intellectual property concerns, which makes them susceptible to legal issues, not to mention the business of creating and selling the actual product.