This post is huge. But it’s the weekend, so you have time to read, right? The problem is that once you start talking about the whole royalty mechanism, there are lots of other bits you have to explain as well. It’s like herding cats, so bear with me. Eventually, it will either make sense to you or you’ll just accept it as a great mystery of our time.
So, back to our example. A mass market book sold for a $5000 advance with a 6% royalty on mass market editions has to sell 10,417 copies for the author to earn out. Only after that has happened with the author receive more money from the house.
But, assuming that there is any, how will that money come to the author? In small unmarked bills, in discreetly addressed envelopes, appearing at random intervals in her mailbox? “Here: we sold another two copies today” enclosed with a cheque for $.96?
No. (Big surprise, right?) Additional monies (beyond the advance) are paid to authors in semi-annual royalty statements. Huh? It will specify in the contract what the semi-annual royalty periods are – they are usually 1. January to June; and 2. July to December but you never know, someone might get creative – and after the first contracted book is printed, the author will begin to get these statements from the house. (Or they will come to the author via the agent of record.) These semi-annual statements are generally issued 90 -120 days after the end of the royalty period. If there is money owing to the author, the statement will show where it’s coming from and will include a cheque.
Let’s have an example to clarify. Zelda sells her book LOVE’S WILD REVENGE for the aforesaid $5000 deal. (We’ll focus on just the first book for the moment, so Lisa will have to wait for her entertainment.) Zelda gets the advance money as we discussed yesterday. Let’s say she sells the book today, June 9, 2006, even though very little new business gets done on Fridays in NYC and this is wildly improbable. (I’m making stuff up here, so let’s go with it.) So, she will see the contract for the first time (optimistically, because summer vacations slow things down) on September 15. She will sign it and send it back and get the executed contract and the signing cheque, let’s say, on October 23. Meanwhile, she’s been doing the revisions, and sent them back before she went to National on July 20. Her editor signs off on the ms in October, and Zelda receives her D&A cheque by the end of November. So far, so good.
Meanwhile, LWR has been scheduled for an October 2007 release. This means that the book is being published in the second royalty accounting period for 2007 (July to December, remember?). This means that the earliest that Zelda can receive a royalty statement from the house is in April or May 2008. This statement will cover activity in the period July to December of 2007 and will be rendered in 90 or 120 days after the end of the period i.e. Dec 31.
It may be, however, that the contract has a bit of wiggle room with regards to the first royalty statement – this is pretty common – and Zelda will thus not receive her first statement until October or November of 2008. Her first statement would be a bit odd because it would include all activity to date – i.e. the second accounting period of 2007 would be rolled into the data for the first accounting period of 2008 – subsequent statements will report only on the specified period.
Let’s add another wrinkle, just to keep you and Zelda on your toes. The sales numbers of books are derived. Because publishers don’t sell directly to consumers, they don’t know precisely how many copies have been bought in stores. Ever. They know how many copies they shipped and they know how many copies were returned to them. Sales numbers are calculated from these two known numbers. Sales = the shipped quantity minus the returned quantity. Given that distributors and bookstores can return books for a long time after the initial release, you’ll see that sales numbers are a bit squishy. It takes a while for them to approach anything like finality.
Naturally, publishers aren’t in a hurry to pay out money to authors for books that might ultimately be returned. In the example of LWR, the house might have shipped 20,000 copies of the book. On the actual ship date, there are zero returns but that doesn’t mean that 20,000 copies have sold! Publishers allow for this fluctuation by posting “reserves held against returns”. This means that if we printed out a royalty statement for Zelda on the ship date it might look like this:
Quantity Shipped (or Gross Sales): 20,000
Returns to Date: 0
Net Sales: 20,000
Reserves Held In Anticipation of Returns: 10.000
Acknowledged Sales (or just plain Sales): 10,000
You will notice immediately that this reserve results in no money being owed to Zelda. Generally speaking – acknowledging that the only generalization that is generally true is that generalizations are generally inaccurate – the house will hope for a “sell through” of 50% of the print run. This means that 50% of the books shipped will be sold. This is a manufactured number: in truth, the sales could go either way. It’s just a rule of thumb. If your sell through is higher than 50%, people will be excited. If it’s lower, they’ll be bummed out. As you can see, though, it’s a moving target and it will change every time that a box of books crosses the shipping dock of the publisher’s distribution center. I’ll bet there are people in accounting departments of publishers who are very very happy to have computers to keep track of this!
Most contracts stipulate how long reserves can be held. It’s pretty common for a contract to state that reserves must be zeroed out within three royalty statements after the release of any given edition (and yes, they can hold reserves on any edition, not just the initial one).
Back to LWR for our illuminating example: the book’s publication date is October 2007. Let’s assume that the first royalty statement is delayed (because this is more typical) and Zelda gets her first statement in October 2008, for the period Jan to Jun 2008 (with Jul to Dec 2007 rolled in.) Her second statement will arrive in spring 2009; her third statement with the reserves zeroed out will come in fall 2009.
Two years after publication.
More than three years after she initially sold the book.
These are comparatively final numbers, but by this point in time, they’re not particularly relevant to Zelda’s career. Decisions will have been made about buying more books from her (or not) and how to market those books, based upon interim data. People in publishing recognize that interim data is still changing, but they can’t wait three years to decide whether or not to buy another book from Zelda. There would be no opportunity to build upon success, because in three years, readers will have forgotten about Zelda’s classic tome LWR. (Readers are fickle like that.) In truth, the house will consider the numbers that they have internally about 90 days after publication to be close enough for horseshoes and handgrenades. This is when the big chains have done the bulk of their returns, so the strategy makes a certain amount of sense.
Okay, back to our topic at hand. A couple more things fall out of the whole royalty statement mechanism. The first is that Zelda may not necessarily see a little spreadsheet as I’ve included above or anything remotely resembling it. Many MANY houses do not offer this much information to their authors, although they must have it inhouse. An author may not even know the shipping quantity of her book. Ever. (Although you can take a pretty good guess at it, by calculating backwards. Figure out how many books you need to earn out, then double it for a stab at the ship quantity.) The reserves may not be clearly stated on the author’s statement. Some houses have royalty statements that include gobs of information, others are pretty enigmatic. Statements are generally getting better as accounting and tracking software is upgraded in publishing houses, but it is how it is.
The second thing is joint accounting , a mechanism universally loathed by authors. Joint accounting means that the house tallies the sales from books together before paying out any money. Remember that second book that was part of this deal? If Zelda’s publisher practised joint accounting, then Zelda would receive no more money from the house until BOTH books had earned out their advances. It’s not enough for LWR to sell 11,000 copies for Zelda to get more money.
Let’s walk it through. If LWR sells 11,000 copies and those sales are acknowledged, there will be a balance owing to Zelda of (583 copies at $.48) roughly $280 on that title. If the house practices joint accounting, she will not get any more money until BOTH books have earned out. That means selling (10,417 x 2) or 20,834 copies cumulatively. A little summary sheet enclosed with the royalty statement will add that $280 and subtract from it $5000 advance for Book #2 (because LOVE’S SUBSEQUENT REVENGE has yet to be even printed) and show an “unearned advance” of $4720.
Back to our example. Consider that LWR is a huge success, well beyond expectations. Orders are through the roof, the ship is higher than anticipated, the sales are great. The book sells 20,000 copies on a ship of 25,000. WOW! Everyone is happy. There is drinking and giddiness and folly aplenty. Zelda is the kewlest thing since sliced bread. An 80% sell through. What a star! What a sensation! If the books are jointly accounted, she will, however, get no more money until the publication of Book #2 is acknowledged in her semi-annual royalty statement. LWR is to be published in October 2007; maybe LSR gets bumped up (capitalizing on success) to July 2008. Yup, that puts the extra $ (maybe, depending on reserves held against returns) in her spring 2009 royalty statement.
Of course, all is not lost. Zelda’s success will make her a hot commodity and the house will be hot to do another deal in late 2007, once they know those fab numbers on LWR. She will not be offered $5000 for her third book.
Not all houses practice joint accounting. It is common for a house to jointly account the books that are contracted together, but not to jointly account between contracts. Obviously, agents hate joint accounting but if it’s a policy of the house, it can be hard to change. The compensating strategy – as usual! – is to aim to get as much money up front as possible and thus minimize the impact of joint accounting.
The third thing that falls out of the royalty statement mechanism is how other monies make their way to the author. Let’s say Zelda gets a letter from her editor in December 2007 which says “Congratulations! We’ve just sold the French mass market rights for LOVE’S WILD REVENGE to Les Editions Francaise for $1000!”. Zelda may look in the envelope for her cheque, but there won’t be one there. Often foreign rights deals stipulate that the payment for the subsidiary rights is due on publication – you may never know, because you will never see the contract. It’s between the two publishing houses, after all. If you keep your foreign rights and your agent/agency sells them separately, that’s a whole ‘nuther ball of wax.
So, let’s continue fabricating our example, Les Editions Francaise buys the rights in December 2007. They have to translate the book and typeset it and package it, and maybe their edition will be released in France in February 2009. The cash will then be paid from one publisher to the other in February 2009 and the transaction will appear on the statement Zelda receives in the fall of 2009 for the accounting period of the first half of 2009. It will have been split, according to the percentage split for foreign rights specified in the contract – some for the house, some for Zelda, probably 50/50 in a new deal for a new author – and the agent will keep a piece of it as commission. It may not be a flat fee, either – there could be reserves held against returns on the foreign edition too. It just depends on how that deal is structured. Zelda will get her $300 or $400 for that French edition completely by fall 2010. Let’s hope someone remembers to send her a copy – if not, she can log on to amazon.fr and use some of that $ to buy herself one.
To sum up, all monies beyond the negotiated advance will flow to the author through the semi-annual royalty statements. If the house reprints the book in English North America, maybe changing the format to trade or to hardcover, there probably won’t be another advance – the whole transaction will appear on those statements, and there will be reserves held, and the money will be gradually released to the author in increments as specified by the contract. On the downside, money takes a long time to make its way to your chequing account; on the upside, once you “step into the royalty stream”, as long as you keep selling work, there is this constant trickle of $ showing up twice a year in your mailbox. That’s not all bad. It’ll keep you in chocolate, at least.