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Posts tagged ‘contracts’

IP: Cover Art Licenses

As you all know, Indie authors wear a lot of hats. I have a few extra, because I’m an author and an artist. So this post is going to be me switching hats, and talking about cover art, from both sides of the page. Read more

Another Reason to Think Twice Before Signing

As I was looking for something to blog about this morning, I came across this post over at The Passive Voice. It seemed especially important in the wake of the events of this past weekend. The topic? Morality clauses in publishing contracts. More specifically, those clauses that allow publishers to cancel contracts based on past, present or future conduct that might damage their sales.These clauses have become common boilerplate in publishing contracts and they should bother anyone considering going with a traditional publisher. Read more

What to do? What to do?

The other day, I was talking with a writer who was over the moon but trying to think like a businessman. Well, businesswoman. She’d finished a book six months or so ago and had been shopping it around. After deciding against going with an agent, she did her homework and found publishers in her genre who would accept “over the transom” submissions. After silence from some and rejections from others, she finally had a contract offer. It wasn’t a big name publisher or even a medium name publisher. But the publisher wasn’t exactly fly-by-night either. But, reading the contract, she had concerns and wanted to talk them out before spending the money to have an IP attorney look at the paperwork.

I’ll admit, my immediate reaction was to tell her to run long and far from the contract. But I was good and I said I’d be glad to meet for coffee and we’d discuss it. But she needed to bring the contract with her so I could see what they were offering and what they wanted from her. Read more

Guest Post: Taking Out a Contract

This is a guest post from the friendly and talented Joe Monson. I had asked a couple of people I know who had managed anthologies, and Joe got back to me with the following post. Hopefully it will be helpful if any of you are considering herding cat… er, putting together an anthology! 

Taking Out a Contract

I’m fairly new to the writing and editing scene. At the time of writing this, I have only one published short story and one published anthology (as co-editor) to my name (though a couple are out for consideration by editors and publishers). So, I can’t say that I have years or decades of experience to my name. Read more

Chilling? Downright Frigid.

Very first thing: if you haven’t read Amanda’s post from this morning, go read it. While this morality clause nonsense is dangerous to writers, and it’s certainly a CYA move on the part of the publishers including it in their contracts, I can’t help but wonder if it’s *also* being used as a means of further gatekeeping. “You’d better stay in the conservative closet, if you want to keep writing in your favorite world.” Read more

Law and the Writer

Last week a young writer who is also a lawyer was on blog tour, and I have asked her if she wouldn’t mind stopping by the comments today to answer some questions. The usual disclaimers apply: although she is a lawyer, she is not your lawyer, and nothing you read in the post or comments should be taken as legal advice. If you think you need a lawyer, get one, internet lawyering may well be worse than useless. That being said, it’s great to get some insight into the sometimes murky world of Intellectual Property law.

I’m pleased to introduce Amie Gibbons, whose energy in real life translates into her books. She writes lighthearted stories with sweet Southern sass, belles who pack heat, and a dollop of romance on top of things that go bump in the night. Her latest is Psychic Undercover (With the Undead) and it’s a fun romp of a book.

Okay, if you’re a writer, you’ve heard the term copyright. It’s very important in the arts. So what is a copyright?

It is literally what it sounds like, the right to copy. It means you own that type of mental work and you are the only one who can make reproductions of it.

On some things, it’s easy to say what’s copyrightable and what isn’t. A book is copyrightable, but what about a title? Or a made up word? Or a general plot? There it gets a little more tricky. It gets grey. Lawyers love grey, it gets us lots of money.

This post is just going to touch on the basics of copyright.

1. For something like a book, the first question is usually along the lines of, “Do I have to register it to have protection?” Basic answer is no. You created it, it’s yours and legally no one can take it from you. You have copyright as soon as the art is put on a medium, as in, words are put on the page.

So no, you don’t have to register it with the copyright office, and you really do not have to do the “poor man’s copyright” (that’s where people would mail themselves their manuscripts in the mail and keeping the dated paperwork to prove they had the work on that date).

The tricky part if you get caught in a legal battle is proving it was yours first. This is where a registered copyright helps because it helps prove it was yours on the date registered (it also does other stuff for you like you can sue in federal court and get greater damages in court).Read the rest here… 

The post on copyright, fair use, and other common IP questions appeared at my blog, and then on James Young’s blog, Amie delved into the dank world of Contract Law.

Well, first up, most publishers have a form contract they expect you to sign and if you don’t want to, they’ll tell you it’s standard across the industry and you can take it or leave it. If you leave it, don’t worry, there are a hundred authors behind you who will have no problem with it.

That is one of the big things to look at in contract negotiations. Does one side have more bargaining power than the other? Usually the answer is yes. Unfortunately for writers who are set on going trad pub, the answer is extremely yes. The publisher has all the power because they don’t really need you. Unless you have already made it huge like that Fifty Shades woman and they want to get on board the train, you’re replaceable.

Does that mean you can’t try to negotiate? Of course not. Hire an IP lawyer who specializes in author contracts to look at the contract, to explain it to you if need be, and to go to the table to negotiate on your behalf.

First rule of negotiations, you never send the person with the power to say yes to the table.

Why? Because if you as the author are at the table, they can pressure you right there to agree to something. If your representative is there, there is nothing they can say to get the rep to say anything but, I’ll take it to my client, because the rep legally cannot say yes, no matter how good the deal sounds. Even if you tell them they can say yes if the deal has XYZ terms, they’ll still most likely say they’ll take it back to you because they know how to negotiate and that no legit deal requires you to say yes in the room.

Again, will this help if the publisher says this is the form contract that is standard across the industry so you will take it or leave it? Probably not. But you never know. There might be a few things that are just egregious to the author that publishers have in there because they know they can get away with it, but really don’t mind dropping if you ask. Read the rest here…

Amie has some very practical things to say, with a good dollop of commonsense. I know this is a lot of reading when you follow the links, but it’s all worth digesting. Then come on back here and ask questions in the comments, both Amie and I will be around to answer them! I am not a lawyer, at all, but I can usually come up with a link to an answer.

Think first

Oh my. I’m not sure I dare even try to do a post today. How can I follow Dave’s post yesterday? I don’t know whether to smack his sad puppy nose with a rolled up newspaper or just give in to the laughter. Maybe both. VBEG. Add to that a laptop that has decided it really, really likes give off-the-wall error messages (usually at the most inopportune times) and I find myself wishing I followed my own advice and had a backup post ready to go. I don’t, so I will try to push through before the laptop goes wonky yet again.

Over the last week or so, I’ve had occasion to talk with several authors who are looking at dipping their toe in the indie market. Each of them had one common concern — promotion. They recognized that their publishers weren’t giving the sort of promotion they had hoped for but feared it was better than what they could do for themselves. Even when I pointed out that they are already doing most of their own promo now, it took a while for the lightbulb to go on. They weren’t tying their FB posts, their tweets, their blogs, etc., as promotion. One of them actually talked about it as their author platform because that was the terminology the publisher had used. When he finally realized it was promotion, it was almost a V-8 forehead smacking moment. The look on his face was priceless. I have a feeling if we hadn’t been sitting in a public place, he might have banged his head against the desk.

Even once he — and the others — realized they are already doing most of their own promo now, they worried about how they would be able to do more. Did I know a good PR firm to promote their book? Who could they hire to make sure word of their book got out? That is when I wanted to pound my head against the desk. Why? Because I have yet to talk to any author who has been successful hiring someone to do the PR for them. (By success, I mean something that results in more than a temporary bounce in sales.)

The first rule you have to remember when you go indie is that it is a business, your business. That means you have to make informed decisions about what you are considering doing and you have to look at what the potential return on investment happens to be. Whether you are talking about editorial services, cover creation or promotion, you have to ask yourself one very important question: will you be able to not only make back the money you spend but then make a profit? The next question you have to ask is equally important: how long will it take for you to make back that money?

So, when I saw this post over at The Passive Voice yesterday, I quickly emailed the link to the authors I had been talking with. It is the tale of an author who learned the lesson of “if it sounds too good to be true, it probably is,” the hard way.

Let me start by saying that I almost passed out when I saw that the author in question spent $10,000 to launch a book. Of that, $3,500 was for cover design, interior design layout and proofreading. That, alone, was enough for me to bang my head against the table. I can’t speak about the interior design because I haven’t looked beyond the first couple of pages of the sample. However, the cover design is nothing innovative and nothing to stand out from all the other books like it. Then I noted — and did pound my head against the desk — that she paid for proofreading but not editing. What? If she has a publisher, and it sort of sounds like she does, then they should have done the editing AND proofing. If she doesn’t have one, then why pay for proofing and not editing?

The rest of the money, by far the bulk of it, was given over for promotion. Promotion that did not come through. You can read the post at TPV. Then follow the link to the original post. There were so many warning signs that the author ignored or let pass. I get wanting to avoid conflict. I get that she wanted to believe the promo folks would actually come through at the end. But there comes a point wher eyou have to remind yourself that this is YOUR business and you have to act in a businesslike manner. That means demanding accountings before the proverbial excrement hits the fan. That means doing the hard thing, even when you would prefer to keep your head down and avoid making the hard decisions.

I’m not saying that all those who promise to promote your book are con artists. I’m sure there are some out there who give a good value for your dollar. But, before you agree to go with one of them — and certainly before you give them any money — read every word of the contract. If you don’t understand it, have an attorney look at it. Ask for references and google the names of not only the company but any employee you might be working with. If you start working with someone and that person quits answering your emails or calls, escalate the matter to their supervisor asap. Don’t wait until it is almost time for your book to come out. Most of all, make sure there is an out clause in the contract, something that will allow you to vacate the contract for cause — and without accruing a penalty. There is one other bit of advice I’d give. Make sure they are willing to give regular accountings of not only what they have done but the time spent doing it, monies spent, etc. You are their client. That means they work for you and should answer to you and not the other way around.

Finally, remember that for all the money you spend before a book is published, you have to make that money back before you can say you have made any sort of a profit. So do the math and try to figure out how many books you would have to sell in order to become profitable. This brings up one last “don’t do this” warning. Don’t sign away a percentage of your roylaties. That leaves you with the onus of having to keep the books in such a way that you are giving regular accountings to someone else. It means you might be paying someone years after they last did anything for you. It also means you leave yourself open to a call for an accounting and that will put the burden on you to prove you only sold so many books. You pay for a service at the time the service is rendered, not in perpetuity.

Since we’re talking promotion, I guess I ought to do a bit myself.

Sword of Arelion (Sword of the Gods Book 1)

War is coming. The peace and security of the Ardean Imperium is threatened from within and without. The members of the Order of Arelion are sworn to protect the Imperium and enforce the Codes. But the enemy operates in the shadows, corrupting where it can and killing when that fails.

Fallon Mevarel, knight of the Order of Arelion, carried information vital to prevent civil war from breaking out. Cait was nothing, or so she had been told. She was property, to be used and abused until her owner tired of her. What neither Cait nor Fallon knew was that the gods had plans for her, plans that required Fallon to delay his mission.

Plans within plans, plots put in motion long ago, all converge on Cait. She may be destined for greatness, but only if she can stay alive long enough.