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A publisher having at length expressed his willingness to publish the aspirant’s book, if terms can be arranged, the next step is to settle the details of the agreement

Now in certain circles of authorship a tremendous outcry has been raised that publishers are grinders of the faces of the poor, and common sharpers. That some publishers are dishonest tricksters is indubitable. So are some grocers, some engineers, some parsons, and some authors. Publishers as a commercial class are neither more nor less honourable than any other commercial class, and authors are neither more nor less honourable than publishers. In the world of commerce one fights for one’s own hand and keeps within the law: the code is universally understood, and the man who thinks it ought to be altered because he happens to be inexperienced, is a fool.

The publisher has two advantages over the literary aspirant First, he knows his business, while the aspirant doesn’t; and second, the aspirant is usually more anxious to get his book published than the publisher is to publish it The publisher would be a philanthropist and not a business man if he magnanimously refrained from using these advantages. To publish a book by a new author is admittedly a risky enterprise, and if the publisher exaggerates the risk, as he almost certainly will, the aspirant must comfort himself with the thought that at any rate the book is going to be published. To get his first book on the market through the medium of a high-class firm is after all the principal thing for the aspirant; the amount of profit to the aspirant is quite secondary. If he is wise the aspirant will regard his first book as an advertisement, not as a source of revenue. Publication of a first book through a high-class firm on less advantageous terms is better than publication through a second-rate firm on more advantageous terms. Let the aspirant note that of a book by a new author a high-class firm will sell more copies, and will command more careful reviews, than a second-rate firm. Reviewers are decidedly Influenced, whether consciously or unconsciously, by the renown and authority of the name at the foot of the title-page of a book by an unknown writer.

Hence the aspirant who is negotiating terms for the publication of his first book must be yielding in a degree commensurate with the standing of the firm, and with the number of refusals which the manuscript has previously experienced. But as a rule—to which, however, there are a few striking exceptions—the greater the firm the more generous their treatment of beginners.

Many firms have a printed form of agreement, which they fill up and send to the author for signature. Sometimes this agreement is fair, sometimes iniquitous. It will be sufficient if the aspirant notes the following points:—

(1) He should never under any circumstances, if he means seriously to adopt the profession of authorship, agree to bear the whole or part of the expenses of publication. The entire cost of publication, advertising, &c., must be borne by the publisher.

(2) He should never, if he can possibly avoid it, agree to be remunerated on the half-profit system. The system is thoroughly bad. A thoroughly bad system may happen to work smoothly in rare instances.

(3) He may properly be remunerated in one of three ways, (a) The publisher may buy the entire copyright of the book outright for a lump sum down. (b) The publisher may buy the copyright for a term of years, say five or seven, at the expiry of which the copyright reverts to the author, (c) The publisher may acquire the right to publish during the whole term of copyright, or for a shorter term, by agreeing to pay the author a royalty on every copy of the book sold. In the case of a new author, who wants advertisement first of all, both (a) and (b) have advantages, since they obviously offer the publisher a special inducement to push the book. Of course (b) is better than (a). For a first novel £75 is a handsome, and £50 a fair, price for the entire copyright. The copyright for a term of years is worth very little less. On the (c) system, 10 per cent. (7d. per copy) is a fair royalty on a first novel; a royalty of a shilling per copy is handsome. A well-established popular author can get 25 per cent. (is. 6d. per copy), and one hears of 33 per cent. The aspirant who is to be paid on the (c) system should endeavour to arrange for a “payment in advance of royalties” on publication (say £20), but he cannot insist on this until he has made some sort of reputation. In systems (a) and (b) the price should be payable in full on the day of publication. In the (c) system accounts should be rendered and royalties paid half-yearly. There is no adequate method of checking publishers’ accounts. The aspirant must trust to their correctness.

(4) The agreement should name a definite date on or before which the publisher is bound to publish the book. It should state the price of the book. It should also provide that the author receives six free copies, with the right to buy more copies at trade price.

(5) Some publishers insist on a clause in which the author indemnifies them against the consequences of any action for libel which may be brought against them in respect of the contents of the book. In principle this seems to me to be a just clause, but the author should examine the wording of it One well-known publisher reserves the right to settle or to contest any libel action entirely at his own discretion, but entirely at the author’s expense. This is manifestly wicked. Some publishers make no reference to a libel clause.

(6) The aspirant should not trouble much about American copyright. It is exceedingly difficult to obtain American copyright of a first book. But if by happy chance it can be obtained, so much the better.

(7) Some publishers will offer to publish a first book on the condition that they have the refusal of the second book on the same terms. Such a condition is not to be recommended, but there are occasions when the author may be wise in submitting to it. He should, however, on no account tie up more than one book in this manner.

(8) The aspirant cannot interfere in matters which relate to printing, paper, binding, advertisement, and review copies. These important details must be left to the sole discretion of the publisher. But the aspirant may offer suggestions.

(9) The agreement will be executed in duplicate. The copy signed by the publisher will be handed to the author, and vice versa. Immediately on receipt of it the author should take his copy to a post office and get it duly stamped. Without a stamp it is useless. An agreement liable to sixpence stamp duty must be stamped within fourteen days of execution. If the duty exceeds sixpence the period is extended to thirty days.

There are innumerable other points concerning agreements which might be discussed; but I have dealt with all the points which are really important to the author of a first book. The aspirant with a legal turn who wishes for further information should join the Authors’ Society (39 Old Queen Street, Storey’s Gate, S.W.), which publishes a highly interesting and intricate literature on the relations between writers and publishers, and all the dreadful possibilities thereof.