Working Before Signing a Contract with a Publisher?
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Hey guys!
I think to remember, though I am not entirely sure, that in one of the SVS podcasts I once heard it said "Never work without a contract." It might have been a rule from elsewhere as it is just generally sensible advice. At least, I certainly took it to heart for any higher paid project where I really don't want anything to go wrong.
I am currently about to start work with a publisher that contacted me last year already to see if I was available for a cover. I said I could generally slot that in, but that I wanted to know the rough timeframe for the project, and they said they'd get back to me. I did some test illustrations that ended up dragging out for months because I wouldn't hear back from them for weeks at a time - no problem, they hadn't told me a timeframe, so I figured there wasn't any real hurry.
They got in touch again recently to confirm they'd want to work with me, but set the deadline quite tight. I was contacted at the start of april for a deadline in early may, which was a bit sudden for me as I had holidays planned, and still didn't know much of anything about the project. They solicited some info from me to set up the contract only three weeks later, and now I have seen the contract last week but have still not been sent a copy to actually sign.
A lot of the emails from the really very lovely editor have included hints that we would need to start very soon indeed and that a few days delay would be a great bother. I hate seeing the deadline pushed back and don't want to slow anything down, of course, so I feel a bit of pressure to start work without the official signing.
I have stuck to my guts and at least not sent any sketches before the contract actually comes through, and I don't really expect that will be any issue or anything, but I am curious what other illustrators would want to do in that sort of situation. Is there a point at which you just maybe suck it up and do a bit of work ahead of time? Or is it professionally the right thing to definitely always wait for the contract?
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@Nathalie-Kranich I think you are right to wait for a contract , otherwise you could be doing work for nothing. I think it is professional to receive one, and it sounds like you have been quite messed around. I am not a professional(only in spirit!) So, it will be interesting to see what the professionals think.
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Don't send them anything without that signed contract, no matter how lovely the editor seems. I also wouldn't do another thing on the project (it sounded like you were already working on sketches). You also need to make it clear to them that, because of THEIR delays it would not be possible to send any work according to the original deadline. If they still insist, then you need to insist on a sharp price increase.
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@Nathalie-Kranich While I understand feeling bad about pushing a deadline, this really isn't your fault. They made you wait for months only to give you a very last minute deadline. If it were me I would have told them I can't do it in that time frame and asked for a deadline I feel comfortable with. You're already bending over backwards to accommodate them, so if they're in such a hurry it's on them to figure out a way to hurry up with this contract.
So far, you're the only one making efforts to respect the deadline. This should be a team effort. Don't start ANYTHING without the contract, and make sure to let them know right now that the ball is in THEIR court and that they should hurry with the contract so that the deadline will not be affected.
Because of their M.O. until now, I also highly encourage you to request that the contract include how long they have to provide you with feedback after each stage, and that if they're late with their feedback the deadline will be pushed back a day for each day they are late. Otherwise, you can expect that at least half of your available time to work will be wasted by having to sit around and wait for them to give their feedback.
Unfortunately, not all real publishers are very professional and they have certainly proven themselves not to be. If you continue taking the hits to accommodate their lack of professionalism, you're only enabling them and providing them no reason to get their act together.
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Thanks guys! I actually had an update today and got to sign the contract. They have respected my wishes by giving me at least one full month to work on it, despite this now falling later than their initially desired deadline. I wasn't really anticipating any actual problems but had started wondering whether I ought to have been more accommodating than in the meanwhile.
I did indeed start sketches because I tend to find a lot of time left on my schedule, but it's good to have confirmed that I would have been right not to do anything at all.
Keeping my fingers crossed that feedback will be swift so I can keep to the deadline.
I was too late now to request a clause for feedback stages, I may consider that for future walk. So far I haven't dared to request any changes to standardized contracts but that's a very good rule to keep in mind. -
@Nathalie-Kranich Were you too late though? The contract hadn't been signed and it might have been a good idea to negotiate it in. In my mind, nothing's official until you've signed, but maybe others could offer their insights?
Website: laurenpetiti.myportfolio.com
Instagram: @laurenpetiti"So the man who really loves God could...paint his pictures, even if no man ever saw them. He knows God looks upon them." - Francis Shaffer.
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@lpetiti No I agree. She hadn't even received the contract until today, so didn't know the contents. It's perfectly normal to have requests after reading the contract.
@Nathalie-Kranich A contract they've written =/= a "standardized" contract. Their lawyers are going to put everything that protects the publisher in the contract, and you have a right to add the things that will protect YOU in there too. Don't be scared to stand up for yourself! They're coming to you because you have something they need, they enjoy your art and think it'll be perfect for the project and allow them to sell books. They're not doing you a favor. Nor will they run away if you dare to ask very reasonable things to protect yourself. With how tight their deadline is, it would be catastrophic if they had to find another artist at this juncture. You have more power in this equation than your think.
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@Nathalie-Kranich Being early in my carrier I would need quite some time to illustrate a cover. To be honest I would work on it ahead IF I had the time for it but not send anything before the contract is signed.
In the end I think it always comes to the question how much this project means to you and what you are willing to sacrifice for it. But I would not send any sketches or even more before the contract. -
@lpetiti @NessIllustration Haha, no, I was only too late in that I had signed the contract before I read the advise on here - I had seen andreviewed the contract last work already, but only got it today for actual signing, and am generally happy with it. I just hadn't thought to ask for any extra clauses in the past. Likely because this has not yet come to bite me as so far all my publishing contacts had been timely and reasonable and if there was a delay because of a failing on their end, it was so far always dealt with very fairly.
Naturally I hope this will be the case here too, but you're both right that really I should start asking for a clause like that as a standard protection for myself just in case.
I thought that too, that they were really placing a lot of faith in me just playing along at this juncture, but for now I'm in good spirits. I negotiated a good fee for this project, which I'm more than happy with, and it's really a very beautiful series. It will be a three-book series so if issues crop up in this first book I'll be sure to ask for contract adjustments for the next.
