Coloring book publishing question

I am a very new-to-the-scene children's illustrator and I've recently created a coloring book incorporating my cartoon characters. I sent a sample of it to a children's book publisher I researched in Barnes & Noble and got an immediate call back when it arrived. Of course I was ecstatic, and they said with a few alterations they would like to publish it.

Then came the part about the deal. They said they would pay a flat fee of around $3500 for the rights to publish the book. They said I could work into the agreement that I could continue to sell the characters in other non-competing products, and that once they were done publishing I would again be able to shop the idea around to other publishers.

This was a very general call, and there is some time before anything will need to be decided. I really believe in my brand/characters but I am new to the scene and dont know quite what to expect. Is there anyone out there who has experience with this and could weigh in on the situation?

Any advice at this point would be invaluable. Thanks!

Hi DesignGuy, on the interest from the publisher. I have no experience with coloring books, my books are nonfic trade and textbooks. My contracts are straight royalties with an advance. My two cents, however, is that you ask them how many books they anticipate selling. That should tell you if you should try to negotiate royalties or grab the $3,500. Offhand, that price sounds good to me.

LC wrote:

Hi DesignGuy, on the interest from the publisher. I have no experience with coloring books, my books are nonfic trade and textbooks. My contracts are straight royalties with an advance. My two cents, however, is that you ask them how many books they anticipate selling. That should tell you if you should try to negotiate royalties or grab the $3,500. Offhand, that price sounds good to me.

Thanks for your input. Do you think they would be honest with me about the number?

They should be. They have to cover their costs, so they will be aware of the competition and have an idea about the number of sales your book is likely to make.

A reputable publisher (if you saw their books in B/N, I assume they're reputable) should give you accurate numbers.

My advice of asking them upfront how many books they anticipate selling is something I learned myself in hindsight. I never thought to do that, and only learned much later that it would have benefited me during the contract signing phase.

Thanks, I will make sure to do that. The representative mentioned that for coloring books contracts for their company were always upfront flat fees. I just wanted to double check of that was common practice or if there were better options. Sounds like it really depends.

I didn't mean to give the impression that "it depends." I have no experience with coloring books, so I have no idea. It may very well be that a flat fee is common for that. I just mentioned that you might want to see if they'll disclose the amount they anticipate selling, because if it's a lot, you might be better off negotiating a royalty (and if it doesn't sell well, you don't do well!). Something they probably won't disclose to you is amount they plan to print up. My pubs don't. That seems to be info they keep close to the vest.

Here is where authors need to be members of an organization that has as a perk affordable legal advice on such matters, especially where there are characters that may continue in the future. If the royalty is $1 per book, $3500 is 3500 books. Since 5000 book sales is the "magic" number for legitimacy, 3500 books seems possible if the distribution channels are sufficient to support those sales; more might be pushing the envelope. I guess part of the question is whether with royalties the original advance needs to be recouped before royalties are paid (a tricky new "safety measure" with new authors). In that case, the flat rate may be the best if you can protect your future rights.

I repeat, this is all GUESSWORK - get some legal advice from an attorney in this business.

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I guess part of the question is whether with royalties the original advance needs to be recouped before royalties are paid (a tricky new "safety measure" with new authors).

DK, I don't understand what you mean. Of course an advance needs to be recouped before further royalties are paid, and it has nothing to do with being a new author. An advance is simply royalties paid in advance of the book being released. However, those royalties don't need to be given back if the book doesn't sell well enough to justify them. The publisher is just out.

I meant exactly what you said. I didn't go into advances greater than royalties earned.

Ok. But what's the problem, then, if no further royalties are paid until the original advance earns out? And how is that a "tricky new safety measure with new authors?" Are you saying that established authors receive more royalties before earning out the advance?