| Help | Contact Us | About Us | News and Events |
| |
|
|
|
|
| Books, conferences, and other information about... | Moving to Linux | Switching to OOo | Building Linux Apps | Using Visual FoxPro |
| Buy Download Your Account Catalog Support Conferences Resources Fun |
|
Resources - Write/Edit for Hentzenwerke Wanna write or edit a book? Here's all you need to know about how the publishing process works here. |
|
Write/Edit for Hentzenwerke |
The Contract One of the purposes of this set of pages on our website is to communicate how the process works so that a potential author or editor understands my expectations. By submitting a proposal, I assume that these expectations are acceptable. A contract, then, simply puts down in writing what we have already agreed to, so there aren't any misunderstandings down the road - "I thought you said FIRST born male child, not SECOND born male child!" That said, there are some specific issues in an agreement that are relevant to making an agreement rather than the publishing biz itself. So this page discusses how the contract works as well as what's in our contract. The Contract Process Once we have all these details worked out - an acceptable proposal (including the outline and the schedule) and a tech editor lined up, it's time to put it all in writing. I'll send the author a contract; after review, the author will sign two copies, include a copy of their schedule, and send them back. We've got a deal! I’ll do the same with the tech editor at the same time. While the author and tech editor are going to be working closely on the book together, they technically do not have any business relationship as far as the book goes – both are independent contractors for HWP. So what's in a contract? The next sections describe both our author and editor contracts as of June 30, 2003. As an author, I've seen contracts that are a disgrace - the publisher trying to take advantage of an author's potential naiveness or desparation to 'get published'. Therefore, I've worked hard to make these contracts that I'd be happy with as an author. I believe the terms are the fairest and most generous in the industry. This is our standard contract and I don't make exceptions for anyone. I don't have the time to negotiate special little deals with each author or editor that comes along, nor do I have the bandwidth to keep track of variances from one book to another. So don't even bother asking. Given that, this doesn't mean our contract never changes - occasionally we run into situations that we haven't encountered before, and when that happens, we update our contract to handle that situation. In the following sections, each paragraph is listed, followed by an explanation (in italics) if necessary. The contract itself - authors Note: We're currently undergoing some tweaks to the author contract, primarily to make it simpler and a little less-jargon filled. Nonetheless, the current contract here will give you the idea.
PUBLISHING AGREEMENT This background describes the subject of the agreement - it's not about pottery or playing basketball, but publishing a book. 1.Exclusive Rights. The Author hereby
grants to the Publisher the exclusive, worldwide right to
publish (market, produce, sell and distribute) the Work in
all forms and media, in whole or in part, during the full
term of this Agreement or any renewal thereof. The Work includes
but is not limited to the printed, electronic and online versions
of the Work and any artwork/screen shots, and source code/examples
contained in the Work. The Publisher grants Author the right
to quote from the Work or to use examples from the Work, online
or in their talks or writings, provided that: a) the equivalent
of no more than 20 book pages are quoted in any single instance,
and b) the Work is not quoted by the Authors in any book that
competes directly with the Work published by Publisher. This section defines what the range of rights you're giving us for production. We're not simply producing a printed book, but also electronic versions, for example.
2.Copyright. The Publisher shall have the right to register the Copyright at Publisher's expense in the United States, as follows: "Copyright 2003, by Just so we know whose responsibility
this task is.
3.Indemnity. The Author represents and warrants the following to Publisher: (i) Author is the sole owner of the Work and has the full power, authority and right to enter into this Agreement; (ii) this Agreement does not conflict with any arrangements, understandings or agreements between Author and any other person or entity; (iii) the Work is not in the public domain and is entirely original except for portions for which legally effective written licenses or permissions have been secured and delivered to Publisher; (iv) the Work and all rights contained therein are free from liens, claims, interests or rights of any third party; (v) the Work as submitted, and its publication by Publisher, does not and will not violate or infringe upon any person or proprietary rights, including without limitation copyrights, trademark rights, trade secret rights, contract rights, privacy rights, or publicity rights of any other person; (vi) the Work is not defamatory, libelous, or obscene or in any other way illegal; and (vii) any formulas instructions, recommendations or source code contained in the Work are not and will not be injurious to any reader, user or third person. The Author shall, at his or her own expense, protect and defend the Work from any adverse claims of copyright infringement and shall indemnify the Publisher from all actual damages, costs, and expenses it may incur by reason of any infringement or claim of infringement, or of any injurious or libelous matter in the Work. However, the Author shall not be liable for any matter not contained in the original manuscript and inserted by or at the direction of the Publisher. This paragraph means that you are going
to take responsibility that you didn't use someone else's
work, nor did you slander anyone. Once in a while, you're
going to want to use material from someone else - in those
specialized cases, you'll want to get permission in writing
(not just a phone call!) from the owner of the material, and
provide us with a copy of that permission. This will protect
both of us from a variety of circumstances such as transfer
of rights from one owner to another as well as lapses of memory
of the owner. 4.Delivery and Revision of Manuscript. The Author shall
deliver the drafts and final manuscript copy of the Work to
the Publisher in the form and according to the schedule attached
in Schedule A. Time is of the essence as to deadlines in this
Agreement. You (the author) are responsible for
providing a chapter-by-chapter schedule of delivery of your
book to us. 5.Missed Deadlines. If the Author fails to deliver meet
two or more deadlines set forth on Schedule A, Publisher may
reduce the Author’s royalty percentage attributable to the
late material by 50% . (For example, if 3 of 10 chapters are
delivered late, Publisher may reduce the royalty for the 3
late chapters by 50%). If, at any time during this Agreement,
the Author is 25% or more delinquent in providing completed
deliverables of the Work (as defined below in Author’s Obligations),
Publisher reserves the right to terminate this Agreement and
shall have the option to purchase the exclusive rights to
any part of the Work submitted by Author through the date
of notice of termination. If Publisher exercises such option,
Publisher will pay Author a $100 “separation fee” for each
chapter submitted on time, payment to be made upon publication
of the book. The formula for determining the above percentage
is the number of chapters submitted by Author and accepted
by the technical editor divided by the cumulative number of
chapters due pursuant to Schedule A. We make a number of committments for
your book based on the timely delivery of the material, including
scheduling time for the other people involved in your book
as well as marketing promotions. If you don't meet your committments,
we incur both tangible and intangible costs, and it's only
fair that you share in the penalties incurred.
6.Publication of Manuscript. The Publisher shall prepare an index for the work. The Publisher shall publish the Work at its own expense within 75 days after the date it receives the complete manuscript copy after all editing. This 75 day limit shall be extended to cover delays outside the control of the Publisher, including the Author's failure to return proofs within 14 days after they have been delivered. If the Publisher fails to publish the Work before the 75 day period expires, except as provided above and in paragraph 5, the Author may terminate this Agreement by giving 60 days' written notice to the Publisher. If publication occurs within the 60-day period, the Author's termination shall be deemed null and void, and this Agreement shall continue in full force. If this Agreement is terminated by Author as provided in this Section 6, the Publisher shall immediately return to the Author the manuscript and all other material furnished by the Author. This section specifies that we are not
a 'vanity press' (where the author pays for the printing and
other production and marketing costs), and ensures that we
don't "sit on" a completed manuscript indefinitely
(which would be unfair to you.) 7.Royalties. The Publisher shall pay to
all Authors or his or her representatives or assigns a combined
royalty of 25 percent of the Net Selling Price received by
Publisher for all copies sold. If the Work is included by
Publisher in a larger compilation of collective work, the
Author will receive a prorated share of the royalties based
on the number of pages from the Work as compared with the
number of pages comprising the whole compilation or collective
work. The Selling Price will be set by Publisher and may include
discounts for books sold through distributors or as the Publisher
otherwise deems appropriate. In the event Author is terminated
pursuant to Section 5, any royalties due Author will be reduced
by the percentage of the Work yet to be completed at the time
of removal as determined by Publisher. Publisher shall not
be liable to the Author for any expenses incurred by Author
unless otherwise agreed to in writing by the Publisher. Ah, yes, how much do you get? You get
25% of the funds we receive if you're the sole author, and
25% of your share of the funds for a multi-author book, as
calculated by page count. If you've seen contracts from other
publishers, you know that this is definitely on the high side
of percentages, perhaps leading the more skeptical to wonder
"is this one of those 'too good to be true' deals?"
Well, no. First, you can ask any author we've worked with
- their email addresses are usually listed in their bios on
the Catalog page for their book. Second, the reason I can
offer significantly higher royalties is that I have very,
very, very little overhead. If I had a bunch of staff people
that I had to pay whether or not they were working, pay a
bunch of office expenses, and whatever else goes with that
scene, then I imagine the percentage I could pay would be
substantially less. But that's not the case, so it isn't.
Enjoy. Of course, you'll work your butt off for your 25%!
8.Author's Obligations. The Author hereby agrees to do the following: This section identifies precisely what
types of work you'll do as an author.
9.Author is Independent Contractor. The Author is an independent contractor. The Author may engage assistants at his own expense. In no event shall any such assistants be deemed to have been employed by the Publisher, or engaged by the Author for the Publisher's account or on its behalf. All assistants engaged by Author must sign the document attached as Schedule B. This simply says that you're not an
employee of Hentzenwerke Publishing, and provides you a mechanism
for engaging help of your own without committing us to a relationship
with that assistant.
10.Payment of royalties. The Publisher shall render monthly statements of account after publication, and royalty payments, will be paid monthly, 60 days after Publisher’s receipt of payment for the sale. Royalties will be paid via direct deposit into a bank account specified by Author at the end of this Agreement. Upon thirty (30) days notice to Author, Publisher may establish an escrow for a portion of the royalties payable to Author to accommodate historical or anticipated returns. This section tells you when you're going
to get paid and how, and that (although we don't do this now)
we may create an escrow for returns. You also have the right
to examine our records if (heaven forbid) you're not comfortable
with the information you're receiving. Finally, if we make
a mistake or get dinged with unexpectedly large returns and
send you too much money, we can deduct those overpayments
from future payments.
11.Author's copies. The Publisher shall give the Author twenty-five copies of the Work and shall sell to him further copies for his personal use at a discount of 40 percent from the catalog retail price. Personal use shall not include stand alone retail sales. However, the Work may be sold by Author if it is bundled with other related and acceptable products upon Publisher's written consent. Once book is published,
Author is eligible, upon request, to receive a complimentary
copy of any existing or future book published by Hentzenwerke
Publishing. This tells the author what they're else they're going to get.
12.Term and Termination. This Agreement shall continue in force for an initial term of three (3) years after the initial publication of the Work and may, at Publisher’s option be renewed for successive one (1) year terms. Rights to the Work shall revert to Author at the termination of the initial term or a renewal term, whichever is longer, subject to the following: These terms take care of a variety of
situations where the agreement would end.
13.Option to publish future works. The Author hereby grants to the Publisher the right of publication of updates or future editions to follow the Work on the same terms as herein provided for the Work. The Author shall not offer a similar book under any other name to any other publisher without the written consent of the Publisher. If Publisher chooses not to publish such updates or future editions, as above, by giving Author written notice within sixty (60) days of a written request from Author, Author shall be free to publish the Work elsewhere. We'd like first crack at publishing
an update of this title. Note that this clause only applies
to this book - many other publisher contracts require both
right of first refusal on any title by the author as well
as a second chance to counter another publisher's offer, which
makes it difficult for an author to switch to another publisher.
That kind of requirement, I feel, is a typical one-sided clause
that only benefits the publisher, and is the type of nonsense
I disliked as an author and won't subject my authors to.
14.Rights reserved. All present or future rights in the Work, except those specifically granted herein to the Publisher, are hereby expressly reserved to the Author and may be exercised, sold, licensed, or otherwise disposed of by Author at any time. Some publishers try a 'land grab' of
all rights regardless of their plans or intentions. This type
of piggy behavior, again, isn't ethical in my view. If a new
technology emerges that you would like to take advantage of,
we're not going to stand in your way. If we're capable of
doing something for you in that realm, it'd be great if you'd
come to us first, but we're not going to restrict your ability
to take advantage of a new opportunity, even if we can't help
you ourselves. 15.Infringement. The Publisher and the
Author shall jointly have the right to prosecute any infringement
of the copyright in the Work. If the parties proceed jointly,
the expenses and recovery, if any, shall be split 75% to Publisher
and 25% to Author. If either party refuses to prosecute jointly,
the other party shall have the right to proceed alone and
such suing party shall bear all expenses thereof and shall
be exclusively entitled to all recoveries. If the suing party
shall not hold the record title of the copyright, the other
party shall permit the action to be brought in his or its
name. These percentages are the same as the
royalty percentages.
16.Notices. Any notice to be given hereunder shall be sent by registered or certified mail, return receipt requested, addressed to the parties at their respective addresses above given. Either party may designate a different address by notice so given. The bottom of the contract includes
the addresses of both parties.
17.Waiver or modification. The waiver of a breach of any term hereof or of any default hereunder shall not be deemed a waiver of any subsequent breach or default, whether of the same or similar nature, and shall not in any way affect the other terms hereof. No waiver or modification shall be valid or binding unless in writing and signed by the parties. This section means that ignoring the
breach of one section doesn't mean that the same section can
be ignored again, or a different section can be ignored. For
example, if the Author failed to return a chapter within 7
days and the Publisher allowed it, the Author doesn't then
get the right to be late with subsequent chapter deliveries.
The same would go if the Publisher was late with a royalty
payment.
18.Applicable law. This Agreement and all collateral matters and issues shall be governed by the laws of the State of Wisconsin. As opposed to the state of the Author.
19.Binding effect. This Agreement shall be binding upon and inure to the benefit of the executors, administrators, and assigns of the Author and the successors and assigns of the Publisher. The first part means that royalties
will be paid to the designated party of the Author should
the Author be unable to receive them (for example, due to
death). The section part means these terms are binding should
the company be sold or acquired.
20.Entire agreement. This Agreement supersedes all agreements previously made between the parties relating to its subject matter. There are no other understandings or agreements. These means that there are no other
agreements involved.
21.Non-waiver. No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein. This means that if one section of this contract is ignored, the other parts are still valid.
22.Headings. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions. Lawyer talk for every contract in the world.
23.Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. This means that the Author is going to sign two copies, the Publisher will then sign both copies, and both parties will keep one - and both are an original but neither takes precedence over the other.
HENTZENWERKE PUBLISHING, INC. The rest simply makes sure we have the proper data so
we can contact you and pay you.
__________________________________
** END **
The contract itself - technical editors
TECHNICAL EDITING AGREEMENT
AGREEMENT made _______ (date), between
________ (editor's name) of ______________ (city) (the "Editor"),
and HENTZENWERKE PUBLISHING, INC., a Wisconsin corporation
(the "Publisher").
It is agreed:
1. Services to be Rendered. The Publisher
desires that Editor perform, and the Editor agrees to perform,
technical editing services for a book tentatively titled _________
(book name) to be authored by ______ (author name). Editor
shall review and edit each chapter(s) submitted to editor
by each author and shall complete such review and return the
chapter(s) to Author within seven (7) days of the date such
chapter(s) is/are submitted to Editor unless prior arrangement
is made with Author. This specifies what we're talking about
- editing a specific book - and the time frame for the editor
for each chapter. 2. Editors Performance. All work done by the Editor shall be of the highest professional standard and shall be performed to Publisher's reasonable satisfaction.
This explicitly states that, um, er,
well, unlike some other publishers where technical editing
is treated as an afterthought, we expect a proper job to be
done on this book.
a. Coordinate with Author to receive chapters on a regular and timely basis.
b. Review written chapters for general technical approach and content verifying that the subject is covered correctly and that the approach and content represent generally accepted software development principles.
c. Verify that all source code printed in the book and that all submitted samples on the accompanying media run correctly and accurately reflect the content of the book.
d. Correspond with Publisher on a weekly basis regarding the status of chapters received, edited, and returned.
This set of paragraphs explains that
the technical editor will communicate directly with the author
and does not need to use the Publisher as a go-between, and
what their specific responsibilities are.
3. Status. The Editor's status under this Agreement shall be that of an independent contractor, and not that of an agent or employee. Editor warrants and represents that he or she has complied with all federal, state and local laws regarding business permits and licenses that may be required to perform the work as set forth in this Agreement.
This protects the editor by affirming
their independent contractor status. 4. Terms of Payment. Publisher shall pay
the Editor $3.00 per printed page edited. Payment shall be
made within 60 days after publication of book. Editor shall
be eligible for a performance bonus in the amount of $250.00
per 1,000 copies sold of each book Editor successfully edited,
payable within 60 days after Hentzenwerke Publishing's receipt
of monies for the 1,000th copy of the book sold. Funds will
be transferred electronically to Editor's designated bank
account if Editor resides in the United States, or will be
paid via a check drawn on a U.S. correspondent bank if Editor
resides outside of the United States. Editor shall receive
five (5) complimentary copies of the book. Once book is published,
Editor is eligible, upon request, to receive a complimentary
copy of any existing or future book published by Hentzenwerke
Publishing. This explicitly tells the editor what
they're going to get, and when.
5. Reimbursement of Expenses. Publisher shall not be liable to the Editor for any expenses incurred unless otherwise agreed to in writing by the Publisher.
6. Federal, State and Local Payroll Taxes. Neither federal or state income tax, nor any other payroll tax of any kind, shall be withheld or paid by the Publisher on behalf of the Editor or his or her employees. In accordance with the terms of this Agreement and the under-standing of the parties herein, Editor shall not be treated as an employee with respect to the services performed for federal or state tax purposes.
7. Notice to the Independent Contractor. Regarding its Tax Duties and Liabilities. Editor understands that he or she is responsible to pay any income tax in accordance with federal, state and local law. Editor further understands that he or she may be liable for social security (FICA) tax to be paid in accordance with all applicable laws.
These sections clarify the Editor's
responsibility for expenses and taxes.
8. Insurance. The Editor shall maintain insurance of the types and in the amounts typically maintained by businesses of the same type as the Editor. Editor agrees to indemnify and hold harmless the Publisher, its successors and assigns, from and against any and all loss, damage, cost, or expense, including attorneys' fees, by reason of the Editor's performance.
9. Publisher Not Responsible for Worker's Compensation. Publisher will not obtain worker's compensation insurance for Editor or his or her employees because of Editor's independent contractor status. The Editor agrees to obtain worker's compensation coverage for him or herself and any employees and to furnish a copy of its certificate of worker's compensation insurance to the Publisher, if Editor is so required to obtain such insurance.
These sections clarify the Editor's
responsibility for insurance and worker's comp - again, helping
protect the Editor by affirming their independent contractor
status. As a matter of practicality, most Editors don't find
it necessary to carry insurance.
10. Term. This Agreement's term shall begin on the date hereof and shall remain in force until terminated. Either party may terminate this Agreement at any time by giving 14 days written notice to the other party. Notwithstanding a termination, the Editor's obligations to provide follow-up services shall remain in effect until such services are completed.
This section provides a mechanism for
each party to bail out of the contract for whatever reason.
"Follow-up services" would include things like returning
chapters in process or copies of software provided for the
purpose of editing. 11. Notices. Any notice to be given hereunder
shall be sent by registered or certified mail, return receipt
requested, addressed to the parties at their respective addresses
given below. Either party may designate a different address
by notice so given. The bottom of the contract includes
the addresses for both parties.
12. No Authority to Bind Publisher. Editor has no authority to enter into contracts or agreements on behalf of the Publisher. This Agreement does not create a partnership between the parties.
This again clarifies the relationship
between the Editor and the Publisher.
13. Waiver or Modification. The waiver of a breach of any term hereof or of any default hereunder shall not be deemed a waiver of any subsequent breach or default, whether of the same or similar nature, and shall not in any way affect the other terms hereof. No waiver or modification shall be valid or binding unless in writing and signed by the parties.
This section means that ignoring the
breach of one section doesn't mean that the same section can
be ignored again, or a different section can be ignored.
For example, if the Editor failed to return a chapter within
7 days and the Publisher allowed it, the Editor doesn't then
get the right to be late with subsequent chapter deliveries.
The same would go if the Publisher was late with a royalty
payment.
14. Applicable Law. This Agreement and all collateral matters and issues shall be governed by the laws of the State of Wisconsin.
As opposed to the state of residence
of the Editor.
15. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the executors, administrators, and assigns of the Editor and the successors and assigns of the Publisher.
The first part means that royalties
will be paid to the designated party of the Editor should
the Editor be unable to receive them (for example, due to
death). The section part means these terms are binding should
the company be sold or acquired.
16. Entire Agreement. This Agreement supersedes all agreements previously made between the parties relating to its subject matter. There are no other understandings or agreements.
This means there aren't any other agreements
involved.
17. Non-waiver. No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein.
This means that if one section of this
contract is ignored, the other parts are still valid.
18. Headings. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.
Lawyer talk part of every contract
in the world. 19. Counterparts. This Agreement may be
executed in two or more counterparts, each of which shall
be deemed an original but all of which together shall constitute
one and the same instrument. This means that the Editor is going
to sign two copies, the Publisher will then sign both copies,
and both parties will keep one - and both are an original
but neither takes precedence over the other.
IN WITNESS WHEREOF, the parties have executed this Agreement.
HENTZENWERKE PUBLISHING, INC. The rest simply makes sure we have the proper data so
we can contact you and pay you.
__________________________________ |
|
|
| Help | Contact Us | Legal | Privacy | Copyright | Join Our Mailing List |