Quote:
Originally Posted by fjtorres
What I've heard is that (Penguin-style) non-compete clauses are a standard part of current contracts and that it is up to the agent to negotiate them away. This from authors with ongoing trad-pub contracts.
Those standard contracts are minefields loaded with craftily-worded clauses.
The best advise I've heard is that authors faced with a contemporary trad-pub contract *not* rely on the agent at all but instead hire an experienced IP lawyer to negotiate the contract and defuse the built-in mines and time-bombs. Of course, doing so is likely to send the publisher running away since it seems their entire business is built around those clauses. But then they'd know what they dodged.
The image people have of publishing houses is at least 30 years out of date; the bigger they are, the further they get from the "golden age" model. And of course, through the ongoing consolidation they can only get bigger...
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The agent isn't going to be too happy about involving a lawyer either. At at about 300 dollars an hour for a lawyer who specializes in publishing contracts, you'll be out more than the book will make in about two conversations. From what I understand, publishers pretty much say, 'Take it or leave it. You an hire a lawyer, but really, we aren't going to change much." The agents work deals because the publishers have come to trust their judgement in vetting the manuscripts for them. Plus, in some cases the agents are ex-employees of said publishing firm.
And that is not to demonize agents. They serve a purpose and they usually get a better deal than the author can arrange on his/her own. But ultimately, you have to know what you're really getting and the contracts are not really in the author's favor. Because of that, indie publishing is not going to go away. And more authors are going to do both.