Publishing Agreement FAQ

Can I simply produce my book with D Publishing?

Yes. It's important to clarify the difference between producing your book and publishing it. D Publishing enables you to upload your manuscript and use our web-based tools and templates to produce a beautifully typeset book, which can be printed or turned into an Ebook or EPub listed on any distribution channel. You can, if you wish, also then go on to publish this book with us, which also allows you to work with us to distribute it. However, there is no obligation to publish with us - you can simply use our service to produce a professional-looking book, and then take care of sales and distribution yourself.

Am I obliged to accept the publishing agreement if I produce my book with D Publishing?

No. You need only accept the publishing agreement if you want D Publishing to publish and distribute your work for you. You can produce your book with D Publishing without signing the publishing agreement. Producing your book means you can use our MyBook app to format and organise your manuscript to a professional standard, and then design a cover using our MyCover app. Your manuscript will then complete the transition into a fully typeset and designed print-ready PDF, and/or a fully formatted Ebook and EPub. Once that’s done, you are free to distribute and sell your book yourself, in any channel you wish.

What is ‘the work’ – what does it include and exclude?

The publishing agreement defines the work as the single book or document written by the author. This could be everything from a novel to a memoir, business profile or book of poetry. The work is the book in the language in which it is originally published with D Publishing, which in most instances will be English, as the D Publishing site is designed and built in English and thus most compatible with English language texts. A foreign language or translated edition of the book is regarded as a new work.

What does ‘distribution channels’ mean?

A distribution channel is anywhere that books can be sold. National and international bookselling websites such as dymocks.com.au or amazon.com are distribution channels, as are bookstores or other shops, in Australia or around the world. Libraries, markets, events or personal blogs are also distribution channels where you could sell or distribute your book.

What are core distribution channels?

Core distribution channels are the sales and distribution channels in which, through accepting the terms of the publishing agreement, the author grants D Publishing exclusive licence to distribute their Work. For more information or the most up-to-date list of core channels, check the rate card.

What are secondary distribution channels?

Secondary distribution channels are an optional channel of distribution available to the author. If the author wants D Publishing to distribute in secondary channels, they grant us an exclusive licence for the channels where D Publishing has a presence (AKA nominated secondary channels). The author then retains a non-exclusive licence only in the channels where D Publishing does not yet have a presence. For more information or the most up-to-date list of secondary channels, check the rate card.

Can I just distribute my book through the core channels and manage the rest of the distribution myself?

Yes, if you grant D Publishing a licence to distribute via the core channels only.

What’s the benefit of having D Publishing managing the secondary channels as well?

D Publishing is constantly looking for new ways to further represent their authors and distribute their works to a broader audience. By agreeing to have D Publishing represent them in these channels, authors can save themselves the time and trouble of finding new routes to market and gain wider exposure for their books.

Why does D Publishing seek exclusive distribution rights for nominated secondary distribution channels?

When D Publishing commercialises a channel it can leverage the body of work it has from a number of authors to access the channel and, hopefully, obtain favourable terms for authors. If the author’s book is already available for sale in this channel it affects both the profile of the book and its sales. D Publishing wants to be able to manage D Publishing lists and maximise book sales in any particular channel.

Why does D Publishing want access to subsidiary rights? What is the process?

From time to time opportunities for further exposure of the work will arise, for example via newspaper extract, collection of short stories or poetry, or online subscription service. D Publishing would like to maximise these opportunities on behalf of the author. Should an opportunity to commercialise subsidiary rights come about, D Publishing will contact the author in writing requesting consent. As commercial opportunities are often timeline-driven, the author will have 30 days to respond. If they do not respond otherwise within the given time frame, the author grants D Publishing the right to commercialise.

Can I appoint a third party distributor to manage distribution of my book?

Yes, there are no restrictions around appointing a third party distributor to distribute your book in channels that are not currently regarded as core distribution channels or nominated secondary distribution channels (as elected) under the agreement and rate card.

My local independent bookshop / community centre / library wants to stock the book. Can I distribute the printed books to them myself?

Absolutely. Unless specified in the rate card as a distribution channel that D Publishing covers and which you have agreed to, you can sell your book directly wherever you like.

Can D Publishing change the terms of the agreement?

D Publishing will evolve its service and offering, which means the terms of the agreement will need to change to keep it current. Change to the agreement is essential in a market that is subject to technological change and innovation or where the law is constantly changing (for example, introduction of new taxes or laws relating to form and manner of publication). D Publishing cannot change the commercial terms set at the time you contract. The Competition and Consumer Act 2010 ensures that any ‘unfair term’ is not able to be enforced. Authors should also note that there are certain key terms in the Agreement that require specific agreement from the author if a change is to be made (such as the scope of the copyright licence granted).

Can D Publishing change the royalty rates?

No, the rates specified in the rate card at the time of acceptance of the agreement will apply for the duration of each agreement.

How long is the agreement?

The agreement has a term of 10 years. When the 10 year period is over the agreement will automatically renew for another 10 years. If you wish to discontinue publishing with us, you will need to notify us in writing 30 days prior to the original or renewed agreement’s end date.

Can I control how many books D Publishing prints for distribution via its distribution channels? What about returns?

Should D Publishing receive an order for a consignment of your printed books from a store, we will contact you and if you choose to fulfil the order, you’ll need to go to the D Publishing website to order and pay up front for the books to be printed and dispatched to the customer. You will be paid an author royalty for books that are sold (for more information on royalty structures, see the Rate Card). Any unsold books remain the property of the author, and if the store needs to send them back, D Publishing will contact you to arrange for the stock to be picked up, at your cost.

When customers order your books online from Dymocks.com.au, they will be printed and dispatched automatically. In this case, the print costs are deducted afterwards from the royalty you’re paid on the book sales (you’ll have taken this into account when setting your book’s list price using our Publishing calculator).

Can I have an ABN or be registered for GST?

If you agree to the publishing agreement, you are declaring that you do not have an ABN as a publisher yourself, and are therefore are not registered for GST. It is a legal requirement that we get this in writing from you otherwise the law requires us to withhold 46.5% of all amounts received as withholding tax. If you are registered for GST you can absolutely still publish with us but you will need to contact us for a customised publishing agreement and you will need to supply your ABN. If you hold an ABN for another business this will not apply, unless you are planning to publish the book under that ABN rather than as a personal project or hobby.

Will my royalty payments include GST?

If you have agreed to our standard publishing agreement any royalties will be paid exclusive of GST. If you have let us know you’re registered for GST, agreed to a customised agreement and supplied your ABN, your royalties will include GST.

Can D Publishing decide not to distribute my book?

Once you, the author, have signed the agreement, D Publishing has contractually committed to distributing your book via the core and nominated secondary distribution channels (where applicable) set out on the rate card, plus any new channels we start to work in in future. Should D Publishing fail to distribute your book via these channels, we are in breach of contract and you have the right to terminate the agreement. We can also terminate the agreement to distribute your book if we deem that it contains defamatory, illegal or other antisocial content.

Does D Publishing have any editorial control?

No, unless we feel that your book contains objectionable material that could put us (and you) at risk. In this instance we will contact you and reasonably request you remove the material in question.

Can I publish my book with another publisher as well as D Publishing?

You grant D Publishing an exclusive licence to publish your work by signing the publishing agreement. This means that if you have published previously, you will need to create a second (or third, or fourth etc) edition of your book through D Publishing. This book will then supersede all other editions in the distribution channels where D Publishing distributes your book. For more information on licences please refer to the publishing agreement. When publishing with us, your book will be given a new ISBN – we are unable to import ISBNs you might already have for your book. We suggest you create a line in the copyright page of your D Publishing book saying that this is a second (or third, or fourth etc) edition, and also include the edition number as a subtitle of the book and on the cover. If you want to translate and publish a foreign language edition of your book with another publisher, this is regarded as a new work and not covered by our agreement.

A version of my book is already for sale somewhere else. Can I still publish it with D Publishing?

If you have already published your book elsewhere you’ll need to check the publishing agreement you signed to make sure it allows you to publish your manuscript again with us.

I already have a book or eBook. Can I distribute it via D Publishing?

At the moment we don’t offer a distribution-only service. Distribution via D Publishing is only available to books that have been created using our services.

Can I publish the English language version of my book with D Publishing and then publish a foreign language edition with another publisher?

Yes, we regard a foreign language edition as a new work.

Can my book go out of print?

No. If you publish with D Publishing, you book will always be available to print on demand, from one to thousands of copies. It will never go out of print and you will not have to print large numbers and then store them at your own expense.

What DRM is used for my eBooks?

Adobe Digital Rights Management is applied to EPub and PDF Ebooks published with D Publishing and distributed via Dymocks and Google eBooks. Adobe Digital Editions uses the proprietary ADEPT (Adobe Digital Experience Protection Technology) digital rights management system. The software limits content to up to six machines whereby the user can view the content on each of them.