Part 2 – Selling Out or Making a Sell by Dyanne Davis

Let’s move it a bit past the super explosive to the not as explosive. The manner of publication also garners much attention and sadly I might add with each group thinking they’re a bit better for whatever reason: For not making concessions, for doing it themselves. For not giving up knocking on doors until a mainstream publisher wants the work. The truth of the matter is there is no right or wrong way. Each writer has to make that decision for him/herself.  Let’s face it no matter the method some readers will like it and some will hate it.

In the past months heated debates have been sparked across the internet about the legitimacy of e-publishing, self-publishing and vanity publishing. (I won’t go into the differences about self-publishing and vanity publishing.  That would take at least another page.) One of the largest romance organizations Romance Writers of America, (RWA) is in the middle of the fray. Self-publishing and vanity rendered a writer as unprofessional by their guidelines.  And until recently so did e-publishing. None of this is important unless you’re a member of the more than 10,000 member organization.  I’m mentioning this here because in order to make a sale many RWA members turned to these forms of publishing. Were they selling out?  And if so whose business was it?

In November 2009 one of the largest major romance publishers, Harlequin made a decision to go into a joint venture with a vanity publisher. They would refer the aspiring writers who submitted to Harlequin and was rejected to this company. The company would then, for a very substantial amount of money, eventually publish the work. Harlequin would receive 10% referral fee from this company for any aspiring writer they referred, who then purchase the service of this company. The writers were told Harlequin would be watching the sales very carefully and that maybe some of the writers would be brought over into the legitimate Harlequin.  That’s the carrot that is dangled in front of the aspiring author who has work in the slush pile and will be or has been rejected by the romance giant.

This decision led to Romance Writers of America to place Harlequin on their not approved publisher’s list. I’m sure that before it’s done it will become known as the sound that rocked the publishing world.  Traditionally published and non-published alike wondered what this move would mean for them. Agents were fielding frantic calls from their clients. Writers were weighing in with their opinion. The question of self publishing and vanity publishing was discussed at great length. Internet fights broke out, complete with name calling. (Seriously)

And with every day that passed as I worked on this article trying for the most part to keep out my personal opinions on the decision, to not be contrary. To not be me. The fights did lead me to post a couple of times that their beliefs in the quality of self-publishing had led me to a decision to do it myself. I was emailed off loop by several well-meaning readers trying to dissuade me. My question was this: If I wrote a book and it was edited by the same editor how would said book be of any lesser quality?

I swear writing is a crazy business where the public at large obviously feels justified in making decisions they don’t have the right to make. How dare anyone down a writer for making their own choices for their careers. If they do not choose to write a certain genre or to tell of the plight of people of color shouldn’t that be their choice? If they decided to sell to publishers their peers may not like, shouldn’t that also be their choice? If they decide to publish their own work shouldn’t that also be their choice? Why should the question ever be asked, Am I selling out or making a sale?

Okay, as you can see I got a little sidetracked there. For a moment I was rereading some of the nasty posts in my mind concerning different forms of publishing. As we all know the publishing world is ever changing. Sometimes it takes someone with a big enough name to make a difference and to turn the tide. This came in the form of Donna Hill, a respected author and pioneer in African-American romance.  It was announced in Publisher’s Weekly that Donna has launched her own ebook publishing company. In recent weeks I’ve talked to several multi-published authors with mainstream publishers who have future plans for striking out on their own and doing what Donna has done.

That still leaves writers who write for Harlequin and those who want to worried about how all the publishing changes will affect them.  With all of the changes in the publishing industry, I and many more writers will be asking ourselves, ‘Do we want to make the sale?  How badly to we want to do so and if so are we selling out?  If we sell to a certain publisher say for instance Harlequin, are we selling out? What if it’s a publisher we’ve had problems with in the past? Are we selling out? What if we decide to see if it makes a difference if we change our names and write characters who do not share our ethnicity whatever that might be? What if we go with an e-publisher? What if we self- publish? Do we take in to account that writing is an expensive endeavor? A lot of money is spent on writing, computers, the latest software, conferences, printers, ink, toner, paper. How do we pay for just the supplies if we don’t make a sale?

Why do we write, to sell, or for our enjoyment? I’ll leave you with this thought: Each writer will have to make the determination for themselves.

My personal opinion:

It doesn’t matter which medium a writer chooses to bring their work to the public. It only matters the quality of the work that’s produced. If you were a respected Harlequin author before Harlequin partnered with a vanity press, you’re still a respected author.

By the way if you’d like to catch Donna Hill live or whatever you call it when you watch a show via the internet (smile) you can catch a portion of an interview I did with her on my cable television show when she came to Chicago.  It’s posted on the home page of my website: http://www.dyannedavis.com. I posted the section where she’s giving tips for writers and telling what work she’s looking for.

Take care everyone.

Dyanne

This article is about the little concessions that most writers make to have that contract that we all crave—to see their work in print.  How do we as writers view the choices we make?  How do the readers view them?

This is an opinion piece. But it’s also a topic I’ve wanted to broach for several months. Seriously, it has taken me longer to write this article than it has to write a book. I’ve rewritten it so many times because I’m fully aware of the implications of some of the things I wrote. Just this morning when I was reading the printed copy of this to edit for mistakes it just wasn’t doing it for me.  I then went to “My Documents” to see if I had anything already written that I liked. I looked at a blog that I did for Parker’s blog last Feb, Why do Writer’s Write? I still liked and agreed with what I had to say. I then reread an article I’d saved (probably from RAW) Are You Token Negro Romance Queen Material?

This was perfect. It was just what got me fired up again. It detailed all the reasons I shouldn’t be submitting this article.  First off, I really like the ‘Token’ article, or I wouldn’t have kept it. But like my Parker blog post said, “I write because I’m contrary. So… remember that going in and treat this article like a buffet. If you like it fine, if not, ignore and see if what I write next is more appealing. I like a bit of dissension from time to time, something that makes you think.

Because I know that the members of RAW (and RAW4ALL) are members of every conceivable racial group I’ve tried to write this article being politically correct.  My aim is never to offend. But in working so hard to achieve that goal the article was hard to write and I’ll admit it, it was downright boring. But I think I’ve figured out how to finally finish this.  I’m sure you’ll let me know later.

Since a good portion of the RAW family (specifically RAW4ALL) are writers I’m thinking that at least a few of you have had this issue. The idea for writing this article started at least a year ago when several friends said to me that they believe they’d sold out their muse for money. I just about had this article where I wanted it to be when I received an email from a friend yesterday saying the exact same words.  So I threw out a lot of what I’d written and started over.

The message from the friend took me back to my original point for the article. I know dozens of writers who would give anything to be in this particular friend’s shoes, me included.  But that doesn’t make her feelings on the subject any less valid. Yes, she’s having four books a year published by major publishers, but she’s not happy. She’s had to make concessions in her work that warred with her inner spirit. In essence she feels she’d sold out her muse.

Several writer friends and I have discussed at great length writing under a pseudonym and writing about characters that did not resemble us or share our experiences. We’ve wondered how the work would be received and how it would affect sales. Would we in fact be selling out, or trying to make a sale? In other words we talked of writing strictly fiction.  Would writing fiction move us into the sell out phase?

As writers are we under an unspoken obligation to tell the stories of people of color? Are we allowed the freedom of writing simply to entertain? What if we’re writing to put food on the table?  (Okay, for most writers that’s a big laugh) Still, the worry over what our peers and readers would think colored our conversation thus the talk of writing under pseudonym. That in itself produced another problem. If we started over we’d have to start with building a new fan base. If we were in fact selling out would doing so in that instant to make a sale be worth it? Would we be stalling the progress other writers had made in staying true to their muse. Would we be selling out if we wrote something that the mainstream publishing housing would find acceptable?  Is it our responsibility as writers to try and uplift people of color by the kind of stories we write? If we write to make a sale how much damage will we do to our own cause and to the cause of future generations? In 2010 and beyond is this the writer’s burden to bear?

There was a time when many major publishers rejected out of hand stories from writers of color simply because the characters were people of color. It wasn’t uncommon.  Still, some writers were given a choice—change the ethnicity or forget it.  Some did. Some didn’t.  I’m sure those writers wondered the same thing, is making concessions, even major life altering concessions selling out or making a sale? Now here we are in America with significant changes all around us. There is an African American family living in ‘The White House.’  Our president is a man of color.  Yet and still, I find the need to ask the question: If the stories we write would become an instant NYT Bestseller if we changed ‘Something’ (I’m leaving that to your imagination) would we be selling out or making a sale?

We all know this isn’t the first time this question has been talked about by a group of writers. Who knows maybe that’s one of the reason many writers have chosen in the past to self-publish their work. Perhaps it was in order not to make concessions. But what of the ones who have not chosen this path? If they make a different choice will they not only have to deal with their own conscience but the voices of their peers reminding them of the struggle? Will they hear words much to the effect that what harms one of us harms us all?

To be continued…

-Dyanne Davis

ON MY KNEES is Book 14 of our Holiday Reading Challenge.

FROM THE AUTHOR

Happy New Year to ALL,

As always RAWSISTAZ has done a splendid job of bringing us all together to talk books.  And like me, you may not have read all of the books presented in the challenge, but I still think we can have a dialogue about books.

Since Deatri King-Bey has already given this info during her chat, I’m just going to do a quick repeat of how Destination Romance came to be and my small part in it. I’m sure most of you know that Dee was in the military. (nuff said) LOL. When Deatri (Dee) and Barbara Keaton want me to participate in something they just call me and tell me what I’m doing.

I hope all of you are at least aware of Romance Slam Jam and what it’s for, even if you’ve never participated or plan to participate. Short version, it’s now a non-profit organization that will be celebrating fifteen years of bringing readers and writers of African-American romance together through conferences sponsored in different cities each year. For the history visit the RSJ website at http://www.romanceslamjam.org/Conference/Newsletter/newsletter.htm.

Anyway, for this anniversary we’re having a cruise in April and wanted to do something special to tie it all together. Dee thought about having all of the authors do a short story 3-5 pages. That didn’t pan out, but she did get several of us to agree to write a longer story, about 60 pages. Since I tend to write long, as in this message, I was warned not to go over.  I’m proud to say I did the story in 64 pages.  Yeah me!!

Next, Deatri asked us if we’d like to donate any and all profits to a charity. We were all cool with that. So while I don’t expect all of you to have read the entire book, or all of the individual stories in Destination Romance, I wish to thank you for supporting the writers who participated, Red Rose Publishing and the organization which will benefit.

All proceeds go to the South Side Help Center, an HIV/AIDS prevention intervention and education program for African-American women in Chicago. African American women are the fastest growing population being diagnosed with HIV and/or AIDS.

As a thank you for spending part of your day chatting with me I’d like to give away copies of three of my books (your choice): The Critic, Another Man’s Baby and my vampire, Adam Omega: In The Beginning. I will randomly pull names during the day from those of you who post. After each drawing I’ll post the winners. In addition, I will give away a copy of Destination Romance, considering it is for charity. (Smile)  That will be a separate drawing and I’ll post details about it later in the day.  (Sneaky right?)  I’ll need the winners to email me at davisdyanne@aol.com with their mailing address.  Don’t worry; I am not going to start sending you spam announcing my works.

So, let’s get started: To the ones who actually read On My Knees, did the title fool you?

——————–

ABOUT THE BOOK

ON MY KNEES by Dyanne Davis
Red Rose Publishing, November 2009
Ebook, $2.99
ISBN-13: 978-1-60435-477-5

BUY IT – http://www.redrosepublishing.com

Book Description

Carmen placed everything before love until love was nothing more than the stories told in romance novels. Aaron is an accomplished romance author, but wants the real thing. A cruise brings the two together. Renewed love, with a healthy dose of lust, works to keep them together.

We’ve made it to the last week of our Holiday Reading Challenge and have had a wonderful time with our guest authors.  While it may be too late to claim one of the prizes for most active participant, it’s not too late to join in the fun.  We will also do a favorite book poll at the end of the challenge.

The remaining 4 books and schedule is below.  **Note the date change for Monique Mensah’s WHO IS HE TO YOU discussion.  I triple booked us for that day, so she graciously moved to Wednesday.**

Jan 6th – Who is He To You by Monique Mensah

Jan 7th - On My Knees by Dyanne Davis

Jan 8th – Finding Me by Darnella Ford

Jan 12th – The Ideal Wife by Jacquelin Thomas

SPECIAL NOTE – We will be doing an online celebration for the 10th Anniversary of Sugar on Jan 5th with guest author Bernice McFadden.

In the past months I’ve been researching where to send shorter pieces of fiction.  I’ve decided it’s time to find out more about markets that would pay for our work.  I began with purchasing the newest edition of  Novels and Short Stories Writers Market.  It wasn’t until I reflected on my own work that I’d already began my journey into short stories.

Several years ago while at the RWA National Conference in Atlanta an Amazon representative  gave a talk and told all about Amazon Connect where you wrote a prequel or sequel to your novel that was available on Amazon. It was an opportunity to get your work before people who’d never read you for a reasonable price. of .49 (cents).   I can’t remember now what I wrote, but was surprised when I got the rejection.  Before you go there, let me tell you it wasn’t ego that made me surprised, but I’d thought I could just write what I wanted as long as it pertained to the book that was coming out.  I was trying to tell a little without giving away too much from the book. After a few emails with my contact person he told me what was needed was a complete short story. It had to have a beginning, middle and an end.

The work had to be accepted.  The challenge still remained of introducing the characters and giving a flavor of the book that would hopefully have readers wanting to buy the latest book.  Word count was generous, 2-10,000 words. I redid the rejected story following the guidelines and had three accepted.  I didn’t think too much of it at the time that I was writing a short story.

(At this time the Amazon program is no longer doing the shorts.)

I didn’t even think of it a couple of years later when once again my novel was turned in with 11,000 words over.  Sidney was given the job of cutting out 10,000 words.  After we were done with the first edits I was now 15,000 words over and my editor said she had no idea how to cut anymore. The reason:  Well, I’d cut the things she suggested but new scenes cropped up as I did the cutting.  Since the book was the beginning of my vampire series, the scenes were part of the foundation I’d need for the rest of the series and therefore needed.

Shortly after that I received an email from the publisher of New Love Stories magazine asking me to contribute. Being in the middle of edits for another book I didn’t have the time nor  the inclination.  The publisher and I exchanged a few emails. I told him that I didn’t do short stories, but as soon as my scheduled permitted I would attempt one. I mentioned this to Sidney.  We’d worked on fourteen novels by this time.  She and I were having a back and forth email conversation and I told her I was thinking of writing a short story. She said she didn’t think I had a short story in me.

Challenge. Someone telling me what I can’t do.  Hmm. Not going to happen.  I was still way too busy to write anything at that time, but a light bulb went on. Sidney was wrong, wrong, wrong.  I’d already written a short story for another purpose. A large group of writers were each doing a short story for inclusion in a book.  The publisher was set, the contracts were signed and as oftentimes happen in the publishing world, things changed and the book was not going to be done.  Around the same time one of the groups I belonged to asked me to participate in a holiday round robin.   I started thinking about the fact that I had written two short stories without thinking too much about it. Then it hit me, submit the two stories to the magazine. Both stories were bought and the one for the round robin appeared in the premier issue of New Love Stories. For me personally I enjoyed the physical act of submitting something myself. Having an agent limits the works I can submit on my own. The short story market gave me a chance to be on both sides of the fence at once.

During the twelve months of waiting for the first issue of the magazine to come out I begin researching the short story market. I discovered that in this market, it was possible for a writer to actually make a living.

Make a living, a consistent living.  That had a nice ring to it.  It was now time for me to kick the research up a notch.  I scoured the bookstores for books on where these markets were,  took online classes, bought ebooks that claimed to be filed with this information. I will admit that if you look hard enough you might find one or two things that might interest you. Don’t write it off, it’s a start and you get to take the cost of the material off your taxes.  There are two items that are more than worth the purchase, The 2009 Writers Guide to the Short Market and Writers Magazine.

Matter of fact there was in article in The Writer that touched on what I was planning on writing.  (See what I mean?  Research is never wasted.) There are lots of how to markets and markets wanting articles and blogs and some of them pay extremely well.  The side benefit is that most of the magazines hold first rights, meaning you can sell the story again and again. There are also a few markets (mainly children markets) that will pay each time they reuse an  article. When the writer of the article mentioned making $10,000 from his one article, my interest soared.

Of course you’re aware that not everything connected with writing is all about the money. If it were, so many writers wouldn’t continually say they don’t write for the money but the love of writing. So on the other end of the spectrum I’ve discovered what writing for the love of it truly means. Through my research I’ve discovered tons of literary magazines that will enable writers to get their name before the public. I purchased Most of these magazines are basically salve for the soul as they pay in one to two copies of the magazine.

Suffice it to say that while I’ve been researching the market, studying the types of stories that they buy  (EXTREMELY IMPORTANT) and graphing my progress, I have gained untold respect for the writers who have mastered this.  My rejection pile is getting high, but you can’t sell if you don’t write.

Two pieces of good news. And yes, even in rejections there can be good news.  I’ve received two handwritten notes from an editor of one of the markets I’m trying to break into. The first one she told me how much she loved my story and my voice. But sadly they didn’t accept stories where there was marital strife of any kind, even if there was a HEA. Last week I received another handwritten note that said, she really loved another of my stories, but they didn’t publish political stories. Keep trying, she said, keep studying the weekly issues for the types of stories we publish. You’re getting close.

So I leave you with this: Short stories can be used as a kind of pallet cleanser. They’re fun to write and a challenge if you’re used to overwriting as I am. They are also a very lucrative market.  Just don’t go into it thinking it’s just fluff and you need not do anything but write.  That’s a huge mistake.   (THIS PART IS INTENTIONALLY REPETITIVE) You should always research your market and definitely research the publisher you’re submitting to. Read what they publish and learn their needs.  Until then do your homework and don’t write off the short story market. There are many things you can do while waiting to make the sale. Do your homework:  Work at finding the Right Markets, finding story Ideas, developing and writing your stories. Follow the rules of each individual magazine publisher, query them first if that’s what they want. Learn what happens after you submit your story or article. What’s the wait time?  How about your rights? What does the contract state?  Will you get paid, if so, when and how much?

While the writing might be a lot shorter for the short story market if you’re a professional writer it’s still a business and you should treat it as such. Have fun with it and never ever give up.  When I finally figure out what it is they want and make my first sale, I will come back and share.

Dyanne Davis —- http://www.dyannedavis.com

Hopefully you know me well enough by now to know I’m pulling your leg. If not I hope you know the publishing business well enough to know there are NO secrets, just timing, luck good writing and perseverance.  That said I will give you some tips that I have received from interviewing authors, agents and editors.  Most recently, I interviewed the managing editor of Red Sage for my cable television show.  I tried to ask her questions I thought you’d want the answers to. As soon as it’s edited I plan to put a clip on youtube.

As for the tips below, just remember I’m not saying these are the only things that work, just some.

1.  Never, ever, ever send in a rough draft to an agent, editor, or contest. Once you’ve written The End to your manuscript it simply means you’re done with your rough draft. You have to leave it alone for a time (a month works for me) then go back to it and do clean up.

2. Learn how to write a good synopsis. Think of it as a tool.  An editor uses it to see if you the author told the complete story. They are not judging your story on the synopsis alone.  (At least not your voice.)

3. Editors will buy a story that is not perfect, but that they see the potential in. A good story can be fixed.  They will also not buy stories that are written perfectly.  I was told they’re looking for substance and magic over perfection.  (I kept trying to get the answer to what is magic and even with the explanation I still have no idea what that is.  I think it’s an elusive something that speaks to the particular editor or agent reading your work. That may also be the reason why when an agent sa work by an author that they love it’s rejected.  The work spoke to the agent, but not to the editor.  (I hope that helps)

4. Do not get upset from form rejections.  There are many reasons why your work could have been rejected and some of it does not involve your writing.  I specifically asked this of Theresa she said, sometimes the story is 90% there and fixable. But they have learned from past dealings with authors that they tend to not take any kind of constructive criticism or become defensive and angry or try to establish personal relationships with the editors in hope of having their work accepted. To deter this, editors sometimes will not comment even when they want to.  Just continue to send your work out.

5. Learn to write a good query. Your query is intended to give the editor or agent information about you and your qualifications to do the story you’ve written.  Give them your publishing credits if you have them. Tell of contest wins and affiliations with any professional organizations.  Talk about one book in your query.  Make sure you give the word count and tell if the book is finished.  (It should be)

6. Because industry people do read your blogs and such, try and limit your personal attacks. (None would be nice.) Also you might want to avoid putting up entire stories for free reads if you intend to try later to sell them.

7. Figure out what your strengths are and use them. Never lose them.
(Anytime someone in a contest or critique mentions something you do well, hang on to that.   Hold onto the knowledge that you do have power and skill and make use of those skills).

8. Figure out what your weaknesses are and improve them.

9. Learn the difference between conflict and arguments. Learn the difference between internal and external conflict.  All stories need conflict. The genre you’re writing in doesn’t matter.

10. Make your first sentence count. You want to grab the attention of the editor immediately. Get to the heart of the story (the focus of the story) and stay there.  When you start wandering away, you lose the reader.  Sure you know what you’re talking about, but the reader needs to know also.

11. Decide if you’re writing a plot or character driven book. Ask yourself why the reader should like your characters and then make sure those reasons show up on the page.

12. Don’t let your secondary characters take over your book, even if they are fun to write. (I’ve made that mistake but I gave the secondary characters their own book.  You can too.)

13. There must be a change in your characters from the beginning to the end. Otherwise, why write the book? It matters.  Your character may start out whiny, unlikable or too rough.  In the end your readers have to like or understand them. (Personally, I like writing real characters, people whom you may never like. But I have to force myself to remember I’m writing for the reader so I have to have them change also.

14. When writing a synopsis, get to the heart of things right away. Make sure it’s clear what your hooks are (and by hooks I simply mean anything that sets your book apart from the rest and makes the reader pick it up).  Make sure your conflict is clear and that it’s obvious that your characters are compelling.  If possible, I would try to get those elements in somewhere in the first half page of the synopsis or at least by the end of the first page (but that might just be my way, so take that however you will).

15. Make sure you hit the ground running when the book opens.

16. Become a student of the market and use your knowledge. Know what’s selling and why.

While getting this article ready I read an interview with Jayne Ann Krentz. She spoke of the many times her career tanked and the reason for adding a pen name. She kept up with the market and made adjustments by studying her own writing style and writing a book that would fit in with the market versus what she really wanted to do.

Okay, stop throwing things at me and cursing.  I’m not telling you to follow the market trends.  I’m saying know what’s selling.  See if with a bit of tweaking if your work could fit another niche.  Just give yourself and your work every opportunity to get published.  Leave no stone unturned.

17. Be professional at all times. (Complaining is for your friends or family).  Editors and agents really do appreciate an author who realizes that publishing is a team experience, who appreciates her aid and expertise and who recognizes that she has the same ultimate goal (a winning book) as you do.  Please remember your agent does not have the power to force an editor to buy your book.  They want you to make a sale.  They work for months and sometimes years on your behalf without seeing a dime.  Know this and appreciate them and their time. You’re not their only client. They have a life. And above all, as long as they submit your work that is about all that they can do until someone says, “Yes, I want to buy your client’s work.

18. Develop coping strategies for the difficult times (exercising, shopping, yelling at the mirror, crying in the shower, watching sad movies, whatever works for you). Give yourself some time to deal with rejections, revisions or disappointments.   (Personally, I give myself no more than three days. And that has to be for something really big. I’ve found if you’re always working on something you don’t really have a lot of time to feel sorry for yourself. You just keep working, keep trying and thinking positively.

19. Learn to be brutal with the red pen. Write tight.  (This one may make some people cringe, so take it with a grain of salt.  I love seeing red on the page—at least, when I’m the one who has been wielding the pen—because it feels like progress to me.  I’m getting rid of extraneous or repetitive words and phrases, improving the flow and heightening the emotion and the tension).  I try really hard to find my own holes before my editor does.  Her red ink is not as pleasing as my own. (smile)

20. Recognize that you will have some bad habits that you can’t seem to get rid of…but still, never stop trying to change those habits. (One of mine is overuse of well.)

21. Be kind to yourself. You are, after all, the only one who can write your book.  Your manuscript needs you, so don’t beat up on yourself.  We’re all still learning, every one of us.

22. Figure out what writing/editing techniques work for you and don’t let anyone tell you that your way is the wrong way (because theirs is the right way). (If you need to write all your books in the bathtub using markers on a white board while you wear your special favorite hat, go for it).

23. Give yourself breathing room, family time and play time.  Engage in new hobbies. Never stop learning about things other than writing.  All of this will add to that well we all draw from.  Furthermore, knowing that you don’t have to live the book twenty-four hours a day will help you stay fresh and focused when you are writing.  Enjoy!

Welcome to Part 3 of the Publishing Contracts Series.

Before you begin reading the clauses listed below that I think you should try to have in your contract with publisher remember that before writing became my career I was a nurse not a lawyer.  That little statement is my disclaimer.  The information I’ve listed below fall under the category of Dyanne’s personal opinion. But Dyanne has good reasons for the opinion.  I’m going to no doubt repeat this but don’t worry it bears repeating.  Please, have a lawyer read over any contracts you’re presented with.  Then ask the lawyer to try and get some or all of the clauses listed below.  If you have an agent and the clauses below aren’t in your contract ask your agent to negotiate them in.  She may be able to get some or all but it won’t hurt  to ask.  Good Luck.  I hope you get them all.

 

VERY IMPORTANT CONTRACT CLAUSES

 

Term of Contract

 Contract shall be in force from the date it is signed by all parties until four (4) years from the actual release date 

I can not begin to tell you how important it is for you to have an end day to any publisher holding your rights, that goes for print and epubs.  The number of years may vary but you need to know how long the publisher will hold your rights.

Author’s name or Pseudonym

 The Author has the exclusive right to the use of his/her name or pseudonym listed as the author in connection with this Work. Publisher cannot prevent Author from using the same name or pseudonym for any other publisher or for any other book genre. Publisher will have a non-exclusive right to use Author’s name, likeness, and biographical material for the purposes of advertising, publishing and promoting the Work itself.

 Please do not make the mistake of assuming that since you wrote the book and either was given the name shortly after birth or that you came up with it, that it belongs to you.  We all know that a few short years ago Harlequin writers did not own their own names.  I don’t believe that’s a liable statement that I made since it’s true and known. Just BE AWARE.

Ownership of Characters

 Except as allowed under the sections of this agreement governing promotion of the work, Author owns the characters and controls their use in sequels or series books, whether published by Publisher or another Publisher. Publisher will have a non-exclusive right to use the title, all the material, including characters in the Work, for the purpose of advertising, publishing and promoting the Work.

Nothing in this agreement shall obligate the Author to submit any additional, unrelated works to Publisher.

 This is perhaps the most important clause to have in your contract.  I don’t care if you’re not planning on doing a series.  You never know what can happen in your life and when some secondary character might start talking and demand their story.  Better safe than sorry.  Listen, I’m telling you this because recently this very thing played a major part in my career.  

The next part that talks to Insolvency of Publishers has to do with that epubs has become a booming business and several publishers have not been able to remain in the industry.  You need to know what will happen to your rights if something happens to your publisher.  This clause does not exclude print publishers.  You really need to be aware of these things and please, please, please have an intellectual property attorney look over your contract if you don’t have an agent.  It will cost a couple hundred  dollars but will be well worth the money you spend.

 Insolvency of Publisher, Sale of Publisher, Reversion of Rights

 Insolvency: If the Publisher files for protection under the Bankruptcy Laws, all rights delineated in Section I shall immediately revert to the Author. If the bankruptcy filing involves reorganization and Publisher continues to operate during the reorganization, Author and Publisher may agree in writing to continue this agreement under the same or revised terms.

If the Publisher suspends operations for a period of sixty (60) days or more, other than a temporary suspension for technical difficulties such as a loss of Web Server, all rights delineated in Section I shall immediately revert to the Author. If the Publisher’s operations are ordered suspended by any governmental or police entity, or by Injunction or Restraining Order, all rights shall immediately revert to the author, If the suspension is lifted and operation resume, Author and Publisher may agree in writing to continue this agreement under the same or revised terms.

If the Publisher sells its assets to another publisher who does or plans to market and promote books of the type and genre of the Work, the successor publisher will be bound, as a minimum, to the same terms delineated in this agreement. If the successor publisher does not or does not plan to market and promote books of the type and genre, then all rights will revert back to the author immediately upon completion of the sale to the successor publisher.

General Reversion of Rights: Upon expiration of this agreement, all rights delineated in Section I immediately revert to the Author unless an agreement to renew or extend this agreement is reached.

 If, within 60 days of the release of the first format of those delineated in Section I, the Publisher has taken no action toward exercising any of the other rights; (such action may include but not be limited to assigning an ISBN, format/layout preparations, setting an estimated release date, producing or contracting for production of salable copies of the Work in the form, advertising the additional format with intention to market it), the Author may withdraw that or those additional rights by sending a written notice of withdrawal by traceable means. Withdrawal of one or more of these rights will not automatically nullify the remainder of the agreement regarding those rights the Publisher has already executed and placed in the stream of commerce. Reversion of withdrawn rights shall come into effect thirty (30) days after Publisher receives the notice of withdrawal unless satisfactory proof of action execution of those rights its presented to the Author by Publisher. 

Disclosure of Information

 The Author acknowledges the list of Publisher’s customers, vendors, authors and editors is a valuable, special, and unique asset of the Publisher’s business. The Author shall not, during and for a period of one year after the term of this contract, disclose all or any part of the said proprietary information including: confidential names of authors, editors or artists, vendors, marketing plans, projects in development, confidential e-mails including e-mails through business groups, to any person, firm, e-mail list, group list, personal or private lists, blogs, corporation, association or other entity for any reason or purpose. In the event of the Author’s breach or threatened breach of this paragraph, Publisher shall be entitled to seek a preliminary restraining order and an injunction restraining and enjoining the author from disclosing all or any part of the Publisher’s said confidential information and from rendering any services to any person, firm, corporation, association, or other entity to whom all or any part of such confidential information has been, or is threatened to be, disclosed.  In addition or in lieu of the above, Publisher may pursue all other remedies available to the Publisher for such breach or threatened breach, including the recovery of damages from the Author. 

Considering all the information I’m providing comes from actual contracts and in some manner state what I’m not supposed to do,  I can’t stress on you enough that contracts are confidential.  I’ve deleted relevant publisher’s information and though I consider this general information they may not consider it that way.  Still, I think this information is important enough for you to have and until I’m told to cease and desist I will continue providing things I think writers should know.   If your contracts calls for you to keep something confidential  DO SO!! It goes without saying that I would never divulge anything but general information.

There was a time I had three critique partners.  I think we helped each other to figure out plot points, things that weren’t working and how not to have constant talking heads or changing POV in midstream. On my second book, The Wedding Gown, all three of my critique partners pointed out to me that the secondary characters had stolen the book.  I was also aware of that but really liked the secondary characters so I sent the book in.  When Sidney, my editor received it she sent me a letter and told me exactly what my critique partners had said. She told me in no uncertain terms that Genesis Press contracted for a romance and not a relationship book about the brother and sister and that if I wanted the secondary characters to have a story then I needed to write another book.  I did.  Misty Blue.  Sidney was instrumental in taking it to the publisher. Since then my own personal needs for a critique partner have shifted.  I have Sidney. And two of my CP’s stopped writing.

I’m coming fresh off of a critique session that my local chapter does once a month.  I knew as I sat their listening to the writers give their loud and not always kind critique that I would write about this. The person being critiqued had furnished beforehand her very first try, her first chapter.  I watched her during the critique of her work and watched as her face became red turning a beet color as the critiques went on,  Once I even heard her sigh loudly.  I looked around wondering why no one else was watching her, why they didn’t see what they were doing to her.  I should say at this point in this article that our chapter motto is DO NO HARM.  Since a new member emailed me the next day to see how she could have her work critiqued I assume despite the clenching of my stomach for the writer being critiqued that the group did no harm. 

If you remember nothing else that I will ever say to you remember this: 

1. ALL writers no matter how well meaning, or how much they want to help another writer speaks from their own frame of reference.  They want you to write something the way they would write it. 
2. If you have a half dozen critique partners chances are you will have a half dozen opinions
3. Once a writer learns something, they are bound and determined that it is the only way to do it and will not rest until they cram this down another writer’s throat.
4. Critique groups can and have prevented writers from finishing the book because they are never satisfied with the first chapter.  Someone will always want you to do something that you had already done and another person told you to change.

Since nothing is all bad or all good it’s time I point out some of the good points of having your work critiqued.  Writers tend to read the missing words into their own work because the correct words are in their heads.  A person who has not read your work will not do this. They will be able to catch things. 

This is merely a suggestion.  Have a reader (non relative or friend) read your work and have another writer read it.  They will be looking for different things and will provide a broader perspective.  Treat information given to you like a buffet.   If it makes your stomach clench pass on it.  If it gives you an “ah ha” moment think about it more. If you have several critique partners and they all say the exact same thing…WELL then think about the suggestions seriously.

I began this article on a personal note and I will end it in the same manner. Several years ago one of the longtime multi-published authors in my chapter brought in several pieces of work and asked the group to critique them. Almost everyone ripped into the works, pointing out a dozen problems.  Luckily for me two of the pages I was given was work that I was familiar with by Amy Tan and Toni Morrison.  I mentioned that and was instantly shushed by the presenter. You have the picture right?  All of the pages were published work by well known and best selling authors.  The presenter was trying to prove a point.  Going into a relationship of having your work critiqued is a bond of trust.  The critiquer should be able to give an honest appraisal of the work with a minimal of, “I’d like to see you do thus and so.”  It’s not their book. If they want you to change your entire book because they don’t like what you wrote then they should write their own book.

Let’s not leave out the most important person in the critiquing process.  YOU, the writer.  Before you ask anyone to critique your work know where you’re heading. Be strong enough that a bad critique will not throw you off course and stop you from writing. In other words develop a thick skin.  There is no such animal as the perfect book and if you think yours is perfect you probably shouldn’t bother having anyone critique your work.  But if you’re having a problem and can’t figure it out and need a fresh pair of eyes you might just benefit from a critique partner.

Whatever you decide to do it doesn’t mean that you can’t change your mind. That’s what writers do.  Keep writing.

First off you really need an intellectual property attorney.

What is Intellectual Property?

Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.

Intellectual property is divided into two categories: Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs.

The first thing that any writer is interested in is the money be it advance or royalty.  The simple definition of advance is money given to you by the publisher before your book has even had a chance to hit the shelves.  Some authors may receive part of the advance on signing the contract. The advance is usually divided into two or three payments. Sometimes the last part of an advance is paid when final edits are approved and accepted. Sometimes the final payment may not be given until a designated time period after the book hit the shelves.

I was told it cost about $19,000 to put out the average print book. Let us assume that figure is true. Then let us assume it’s your first book and you received $5000 for an advance. The average price of mass market books are about $6.99, for Trade size (the little larger size books) the price is about $10.99. 

Here’s the fun part:  Your royalty is between 6-8 percent. Royalty is paid after the $5000 you were given has been earned back.  And no, that doesn’t mean that you have to pay it back personally if the book doesn’t make a profit.  It does mean that if it doesn’t make a profit you won’t see royalties and you may not get another book contract.

$6.99 (price of book) X  (print run-number of your book that was printed)  15,000 books = $104,850 X —-  your percentage 6 = $6291- your advance = $1,291  Right?  Wrong.  A certain percentage is held in anticipation of books being returned to the publisher.  About 25% = 322.75

IF everything went according to my little above scenario you would still be pretty happy.  You got $5000 up front money and now you’re going to get a check for $968.25.  There are two things that would immediately throw this off. IF the print run was 10,000 instead of 15,000 you would not have earned out your advance. You would have earned $4,194.    25% would still be held for return. And then you have the other big IF.  IF your percentage was based on retail or wholesale. I of course based it on retail.

I’m aware that you’re bored with what I’ve presented.  It even seems a little daunting and you might be thinking, forget it I’m going to self publish.  There is no right or wrong way to get your work out there but to self publish your work is not a cheap venture.

I’m breaking apart this contract not to discourage you from sending your work to a publisher.  In fact I want to encourage you to do just that.  I just want to arm you with knowledge.  Knowledge is power. It doesn’t matter whether this article is boring to you or not. It matters that you have some understanding of an advance, the way royalties work and the need for an intellectual property attorney who understands all of the jargon to look it over and explain the contract with you before you sign. Remember I said I was going to go over a couple of points. I changed my mind. Your eyes are glossing over and I know when to quit.  See you soon.

Dyanne

Since I began in this business I’ve signed all kinds of contracts, some I shouldn’t have.  I know now about adding clauses that favor me.  Some things I picked up from my agent some from other places.  This boiler plate contract is one of several that’s used in the industry.  No contract should ever be signed without you first having either an agent negotiate it or an Intellectual Property Attorney look it over.  If you’re offered a publishing contract and decide to ignore everything that I’ve said here, at least get the clause below inserted into your contract.  Good luck

Ownership of Characters

Except as allowed under the sections of this agreement governing promotion of the work, Author owns the characters and controls their use in sequels or series books, whether published by Publisher or another Publisher. Publisher will have a non-exclusive right to use the title, all the material, including characters in the Work, for the purpose of advertising, publishing and promoting the Work.

 Nothing in this agreement shall obligate the Author to submit any additional, unrelated works to Publisher.

Stay tuned for Part 2 and please post any questions or comments you have below. 

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