PUBLISHING AGREEMENT
Below you'll find the standard Publishing Agreement used by Bear Creek Press and its authors. Please keep in mind that this agreement merely clarifies the business relationship between publisher and author, who are bound to it only by their sense of honor and ethics. After you examine the document, please take a look at Frequently Asked Questions About Publishing, then contact us with any further questions you may have.
This agreement constitutes a contract between the author, (Name) of (Residence) and the publisher, Bear Creek Press of Wallowa, Oregon, in which the author grants to the publisher the right to publish the work, (Working Title), in accordance with the following conditions:
The author grants to the publisher the right to publish, promote, distribute, and sell the work worldwide for as long as the publisher keeps the work in print. Furthermore, the author guarantees that all necessary permission to use copyrighted material has been obtained, that the work has not been published before in its current form, and that it will not be reproduced in any other form for publication as long as this agreement is valid. This agreement can be terminated at any time by mutual consent of the author and publisher.
The author will deliver to the publisher a complete, original manuscript no later than six months after the signing of this contract. This manuscript shall be subject to the publisher's approval as to its content, style, and overall quality, and shall not be published before earning this approval.
The publisher will publish and begin distribution of the work no later than one year after a final manuscript is approved. In addition, the publisher will promote the work through news releases sent to media, bookstores, and other appropriate outlets as well as fulfill all book orders and record all sales.
The publisher will pay to the author a minimum royalty of ten percent of the cover price for each copy sold. These royalties will be paid to the author after the end of each fiscal quarter with one exception: Authors who earn less than twenty dollars in royalties for any quarter will have that amount carried over to successive quarters until the minimum twenty-dollar figure is reached.
Upon publication of the work, the author will receive ten free copies. The author may purchase additional copies at a discount of fifty percent of the cover price, though such purchases will not apply toward the author's royalties.
A: You already know what a printer does -- gets ink or toner on paper and then binds the pages. (In this case, by printer we mean specifically a book manufacturer, not to be confused with the neighborhood printer, who almost certainly does not handle "trade" books.) Printing, however, is only one job involved in creating a book, whereas publishing encompasses every step necessary in the process. In essence, a publisher's work involves 3 P's:
Payment -- assumes all financial responsibilities and risks necessary to get a book into stores, including paying royalties to the author based on sales of the book. (Authors who believe they've written the next bestseller might change their mind if it's to be their money that pays for publication.)
Production -- ranges from evaluating and editing a manuscript, to designing and laying out the book, to printing and binding the book. In the past, publishers handled almost all these jobs themselves; nowadays, however, most publishers hire out many such tasks, much as a general contractor hires specialists -- framers, sheet rockers, roofers, etc. -- to build a house. (Bear Creek Press might be the last, publisher in the country to handle all phases of production in-house, including printing and binding.)
Promotion -- marketing the book through various channels to get
it in front of readers. The bigger the publisher, the more sophisticated
and expensive the marketing campaign -- glossy catalogs, sales representatives,
book tours, media appearances, and prestigious reviewers, among other things
-- while smaller publishers might be limited to putting out chips and dip
at a local bookstore. (See Marketing Basics
for more details.)
Q: What are the disadvantages of working with a publisher as small as Bear Creek Press?
A: The main disadvantage is that we're neither large enough nor wealthy enough to provide extensive marketing for our books - no sales reps, no influence with book reviewers, no ties to book clubs, no guest shots on Oprah. As a result, we rely mainly on direct sales to regional independent stores, and most of these are in Oregon.
A: Bear Creek Press publishes books for their historical or literary value rather than for their profitability (though we sure don't have anything against making money), provides extensive editorial guidance during preparation of the manuscript, gives authors considerable influence in the production of their books, and keeps titles in print forever (or as close to it as possible or reasonable). This last advantage is extremely important. At big publishing houses, most titles have a life span of six months or less, though more profitable books may last as long as a year. Why? Because almost 400,000 new books are published each year in this country -- and the number grows larger each year. That's an average of approximately 200 books per working hour. With that kind of push coming from behind, any book's ride is a short one. But at Bear Creek Press, we keep books in print until they simply stop selling, and even then we can print special orders. We can also add these endorsement by authors: "Boy, I don't know how I ever connected up with Bear Creek Press, but it was sure a wise decision having you as my publisher. Great editing, terrific splits, plus venue sharing. WOW!" And "I'm pretty lucky when it comes to publishers, I've got the best."(Of course, it took some serious arm-twisting and a large chunk of cash to get them to say this.)
Q: What do you mean by "considerable influence"?
A: At large publishing houses, when authors submit a manuscript they often hand control of their work to the publisher. But at Bear Creek Press, we try as much as possible to follow the belief of famed editor Max Perkins, who once said, "The book belongs to the author." We do, however, modify that to "The writing belongs to the author, the book to the publisher." This means that even though writers make significant decisions throughout the editing process, Bear Creek Press has the final say about all elements of production, including the design and layout of the book itself. Nevertheless, the author's wishes in these matters are always considered.
A: Actually, Bear Creek Press pays some of the highest royalties in the industry, much higher than many of the biggest publishers in America. To understand why ten percent is a high figure, you should know that the profit margin for a book is so tight it squeaks. Let's say your book sells for ten bucks. Here's how that price often breaks down:
At this point, the poor publisher has just three bucks left - and the printing has yet to be paid for. Oh, woe.
Q: What does it mean "minimum" royalty?
A: If sales are exceptionally good for any particular title during a year, especially if those sales are the direct result of the author's efforts, we try to add one or two percent to the year's royalties, kind of a Christmas bonus. But because this additional payment depends on the company's financial situation at the time, it is definitely NOT a guaranteed bonus. (On the other hand, any author's royalties for any given quarter that total less than twenty dollars will be carried over into successive quarters until that minimum is met. The major reason for this is that checks of small amounts have in the past often gone uncashed for as long as five months, creating problems with the business's accounting.)
Q: What do you consider a good sales year?
A: The general formula is an additional one percent for yearly sales of between 500 and 1,000 books, and two percent for sales of 1,000 or more. Like royalties, these percentages are based on the cover price of the book. (Note: Because of continually-rising costs, 2007 may mark the end of what was once the traditional, end-of-year bonus.)
Q: When do you pay royalties?
A: Usually, royalties are calculated and checks mailed on either the last business day of each quarter or the first business day of the subsequent quarter. One exception is listed above in the Publishing Agreement under "Payment of Royalties." Another is that royalties sent to an estate or as a donation are paid yearly, at the end of the fourth quarter.
A: The author, who gives "first rights" or "one-time rights" to the publisher. (Hint to freelance writers: NEVER sell ALL rights to your work unless the benefits for doing so are extraordinary.)
Q: Do you ever nominate your books for awards?
A: Yes. You can read about that situation here.
Q: What happens if my book is made into a movie.
A: As a general rule in the trade, the resulting proceeds are often divided 50-50 between author and publisher, though this situation is not included in the Publishing Agreement.
Q: Why do some of your books leave the author's name and book title off the spine?
A: We've found from painful and expensive experience that spine text on any 7x8.5 book without a page count of at least 80 pages and an 8.5x11 book of at least 132 pages will not print consistently. A slip of a millimeter or two one way or the other in the binder, and it looks awful -- bad enough that we have to discard the book. On at least one occasion, we lost approximately one-third of the run to the recycling bin. So our choice is either to run small books without the spine text, or to discontinue the size completely. And because most of our books are small, you'll see a number of blank spines. In fact, of our 8.5x11 books, only one of 138 pages displays text on its spine. Unfortunately, this is how it must remain until we figure out the "slippery-binder" problem.
Q: What happens if a big publisher wants to publish my book after Bear Creek Press comes out with it?
A: Then we sell out our inventory of the book, release our interest in it, and pat ourselves on the back for having been the first to recognize your vision and talent. Then the manuscript is yours to sell to Big Shot Publishing, Inc., and we'll wish you a happy and prosperous future in the big time. We should, however, mention one restriction that is connected to "The writing belongs to the author, the book to the publisher" rule mentioned above: Because the design and layout of a Bear Creek Press book is the result of considerable time and labor, and because the style of a book is an essential trait that distinguishes one publishing house from another, neither the author nor the new publisher has permission to duplicate the former book. To copy another's work is not only impolite but also illegal. So you take what's yours, and we keep what's ours.
Q: How do I make a book proposal to Bear Creek Press?
A: Go here: Book Proposals.
Q: How do I prepare my manuscript for submission?
A: Go here: Manuscript Mechanics.
Go to Frequently Asked Questions About Proposals
Bear Creek Press
With its World Headquarters located at the old Abbie Riggle Place on Bear Creek Road just one mile from downtown Wallowa, Oregon, Bear Creek Press is the largest publishing house on the southwest bank of the Wallowa River.
"Well-designed and well-printed books."
Statesman-Journal (Salem, Oregon)
"There could be nothing so important as a book can be."
Editor Max Perkins in a letter to author Thomas Wolfe
Bear Creek Press produces only organic, free-range books containing no pesticides, herbicides, preservatives, or growth hormones. Ask your bookseller if Bear Creek Press books are right for you.
