Welcome back to the Thursday contracts series!
This week, we continue our journey through John Q. Penman's Subsidiary rights clauses.
Last week, we mentioned that Subsidiary Rights means "rights to publish or produce works in different formats based on or derivative of the
original work under contract." and we looked at the first of our long-suffering author's clauses.
This week, we move on to subparagraph (b):
(b) "Selection Rights," meaning the rights (1) to create, publish, and use condensed, adapted, and/or abridged versions of the Work, (2) to use portion(s) of the Work in electronic media, (3) to use all or any portion of the Work as part of Collections in any format or other media in which rights are granted to Publisher in this Agreement, and (4) to grant permissions and license third parties to use the Selection Rights granted to Publisher in subparagraphs (b)(1)-(3) hereof.
Five lines of text, but densely packed with content.
In contracts, numbered sections are treated as lists, which means the Publisher wants four different sets of rights, which together make up "Selection Rights":
1. The right to create, publish, and use (which essentially means "publish"), shortened versions of the Work - for example, for book clubs or Reader's Digest-style abridged editions. Abridged editions might remove sexual content, or they might simply be shorter versions of the Work designed for different purposes - such as audiobooks. (Did you know some companies' audiobooks are shorter versions that don't contain every word of the printed work? It's true - they do it to shorten the running time of the recording.)
2. The right to "use portion(s) of the Work in electronic media." This sounds like e-books (and to some publishers, that's what it means) but most of the time, this refers to sample chapters, shortened editions of e-books (or audiobooks), and other times when the publisher might want to use less than the Work as a whole.
3. The right to use "all or any portion of the Work as part of 'Collections.'" Many authors worry that this will be used to turn their books into anthology selections rather than stand-alone works, but reputable publishers don't intend that. (Remember - they make their money off sales of the book, not sales of anthologies.) More commonly, this term is used when the Publisher wants to create a collection of sample chapters from different upcoming books (for example, to distribute to librarians and reviewers in an attempt to generate buzz for a group of upcoming releases) or to create a collection of existing books to show off an imprint's titles. Publishers do create anthologies, too, but the intent of this provision is more for advertising and promotion than for sidetracking the author's novel to an anthology purpose.
4. The right to sublicense (license to third parties) the other Selection Rights contained in the paragraph. Most authors panic at any mention of third party licensing - but remember, if you're working with a reputable publisher, this "sublicensing" and third party licensing generally isn't done in a way that hampers sales. This right is more commonly used for things like sample chapters in other languages or in collections distributed by third party distributors under contract with the publisher.
For the most part, provisions like these are standard and don't present any real risk to John - or to you. That said, the Author's Rule of Rights Protection applies here, just as it does to any other grant of rights: Grant only what the publisher has the capacity and intent to use, and only what you're willing to give away.
If you don't know what the publisher intends to do with these rights, or how it commonly uses them, DO NOT BE AFRAID TO ASK.
Ask the publisher, ask your agent, or ask your attorney - and then evaluate whether you're willing to give away what the contract is asking for.
Tune in next week, when we'll continue our journey with a look at the next subsection: Translation Rights.
Posted by Susan Spann
Susan Spann is a California publishing attorney and the author of Claws of the Cat (St. Martin's / Minotaur, July 2013), the first novel in the Shinobi Mystery series featuring ninja detective Hiro Hattori.
Thursday, February 28, 2013
Wednesday, February 27, 2013
Are You As Smart as a Sea Snot?
posted by Susan Spann
You probably clicked over expecting Dave.
Dave's not here today ... but in his place, allow me to introduce: OSCAR*!
Oscar is my pet abalone (my son calls him "booger of the sea"). Although some species can grow to more than a foot in length, Oscar is small - he measures about 3" from his snout to what passes for a tail. I bought him because I'd heard abalone do a good job eating algae ... and in that task, he doesn't disappoint.
Clearly, Oscar isn't the most attractive beast in my tank. That honor goes to the seahorses, Ghillie, Ceti, and Cygnus.
Oscar isn't the fastest. Thing 1 the pipefish claims that title with ease.
Emperor Maximus Angryfish has the most obnoxious temper,
and Emo the clown is the most territorial fish I've ever known.
In fact, you'd have to go far down the list to find the thing that Oscar does best - but his talent is one no writer can ignore.
The qualities Oscar has (in spades) are patience and fortitude. He spends several hours every day eating algae off the side of the tank, and he works on each spot until it's completely clear. Watching him eat is about as exciting as watching paint dry, but Oscar doesn't care about speed - when he sets out to eat algae, he eats until it's gone.
Some snails eat only the "easy algae" - the looser spots growing closer to the light.
Not Oscar. He's slow, and he's careful, and he does his job well every time.
Wherein lies the lesson for us all. As writers, we want to be pretty. We want to be fast. We sometimes acquire an attitude that makes even Max look pleasant, and too often we let ourselves draw territorial lines based on genre or publishing path.
Instead, we should learn from Oscar. Writing isn't a race, or a contest to see who can puff himself up the largest. It's a marathon filled with easy moments and difficult ones, where patience and perseverance win the day. One bite at a time, he cleans the tank. One word at a time writes a book. So be brave. Be diligent.
Be like Oscar. Focus on improving your writing and getting the job done right.
And here you thought this post was just about abalones. But it' snot.
*People often ask me why I named my abalone Oscar. It's because ..... my (a)balone has a first name, it's O-S-C-A-R...
Happy Wednesday!
You probably clicked over expecting Dave.
Dave's not here today ... but in his place, allow me to introduce: OSCAR*!
Oscar is my pet abalone (my son calls him "booger of the sea"). Although some species can grow to more than a foot in length, Oscar is small - he measures about 3" from his snout to what passes for a tail. I bought him because I'd heard abalone do a good job eating algae ... and in that task, he doesn't disappoint.
Clearly, Oscar isn't the most attractive beast in my tank. That honor goes to the seahorses, Ghillie, Ceti, and Cygnus.
Oscar isn't the fastest. Thing 1 the pipefish claims that title with ease.
Emperor Maximus Angryfish has the most obnoxious temper,
and Emo the clown is the most territorial fish I've ever known.
In fact, you'd have to go far down the list to find the thing that Oscar does best - but his talent is one no writer can ignore.
The qualities Oscar has (in spades) are patience and fortitude. He spends several hours every day eating algae off the side of the tank, and he works on each spot until it's completely clear. Watching him eat is about as exciting as watching paint dry, but Oscar doesn't care about speed - when he sets out to eat algae, he eats until it's gone.
Some snails eat only the "easy algae" - the looser spots growing closer to the light.
Not Oscar. He's slow, and he's careful, and he does his job well every time.
Wherein lies the lesson for us all. As writers, we want to be pretty. We want to be fast. We sometimes acquire an attitude that makes even Max look pleasant, and too often we let ourselves draw territorial lines based on genre or publishing path.
Instead, we should learn from Oscar. Writing isn't a race, or a contest to see who can puff himself up the largest. It's a marathon filled with easy moments and difficult ones, where patience and perseverance win the day. One bite at a time, he cleans the tank. One word at a time writes a book. So be brave. Be diligent.
Be like Oscar. Focus on improving your writing and getting the job done right.
And here you thought this post was just about abalones. But it' snot.
*People often ask me why I named my abalone Oscar. It's because ..... my (a)balone has a first name, it's O-S-C-A-R...
Tuesday, February 26, 2013
What's New from Rocky Mountain Fiction Writers?
Here are a few of the recent and upcoming releases from members of Rocky Mountain Fiction Writers:
Vampire Syndrome
By Daven Anderson
PDMI Direct 1/17/2013
Paperback $12.95 e-book $3.99
There is a YA version of this novel as well as an adult version with two different book covers.
"Can Special Oympics champion Jack Wendell survive, now that he’s been turned into a vampire? All Jack wants is to be accepted as a valued member of the vampire community. But he can’t do this when Chief Venator (vampire law enforcer) Damien Tepesh has ordered Jack to be killed.
Fortunately, Jack wins the respect of a powerful ally. Lilith Morrigan, President of the Vampires, hides Jack from the ruthless Venators and gives him a chance to prove his worth. But she cannot stop her husband Damien from targeting Jack.
Damien summons Romania’s Chief Venator Zetania Vinescu to Colorado to help him hunt Jack. Lilith over-rides her husband and orders Zetania to protect Jack from the Venators.
As Damien and Lilith battle over control of Jack, a new threat emerges. A space-alien Pure vampire has come to Colorado, specifically to kidnap Jack. Even if Damien and Lilith settle their differences, can they keep Jack safe from the Pures?"
For more information about Daven and his books, please visit his website and blog. He can also be found on Facebook.
~~~~~~~~~~~~~~~~~~~~~~~~~
Muckross Folly
By J. L. Austgen
Dreampipe Publishing March 1, 2013
ISBN: 978-0985063047
Hardcover $26.99 Paperback $15.99 ebook $4.99
"Reeling from the destruction of her team at the hands of her deputy, FBI agent Evelyn Morgan vows revenge against her nemesis, the assassin that planned the operation, Omar Ben Iblis. The trail leads to an old friend, well-connected and well-placed in Washington's political establishment.
When he refuses to help, Morgan must scramble to find the pieces to the puzzle. While investigating, she discovers a vicious new menace, more cunning and deadly than anyone she has ever faced. Trained and mentored by Ben Iblis, this new threat has already struck her family, and if Morgan doesn't act quickly, she'll be the talented protégé's next victim."
Visit J.L. at J.L. Austgen…in my words… and on Facebook.
~~~~~~~~~~~~~~~~~~~~~~~~~
Cruising in Your Eighties is Murder
By Mike Befeler
Wheeler Publishing March 18, 2013
ISBN: 978-1410455581
Large Print paperback edition $25.99
"In Cruising in Your Eighties Is Murder cantankerous octogenarian Paul Jacobson becomes involved in a series of crimes while struggling with the problems of his short-term memory loss. On an Alaskan cruise, he must deal with mayhem, missing people and murder and use all his geezer resources to solve a case of international intrigue.
The hard cover edition of this book is a finalist for Left Coast Crime 2013's The Lefty Award for best humorous mystery of 2012."
For more information about Mike’s geezer lit series, visit his website and blog. He is also on Facebook and Twitter.
~~~~~~~~~~~~~~~~~~~~~~~~~
Froggy Style
By J. A. Kazimer
Kensington 2/26/13
ISBN: 978-0758269133
Paperback $15.00 ebook $9.39
"Part of the hot trend of revamped fairytales--from the films Mirror, Mirror and Snow White and the Huntsman to hit TV shows Once Upon a Time and Grimm--J.A. Kazimer's second raucous and irreverent book in the F***ed-Up Fairytale series puts a new spin on a French-kissing frog looking for his princess!
Less than two weeks before he turns thirty, Jean-Michel La Grenouille--the Frog Prince--must find his One. Only by marrying the girl who originally turned him human can he keep from turning back into a frog. When Jean-Michel is introduced to Beauty, a beautiful blonde with a sleeping disorder, he's convinced she's the One and proposes.
But after a drunken night out in Cin City, Jean-Michel discovers that there's a hit out on Beauty. If she's killed before they get married, he'll return to his lilypad forever. He sets out to find the assassin and stop him--but it seems Beauty isn't too keen on getting married either. And to make things worse, a sexy tattoo artist has Jean-Michel's heart hopping..."
Everything you wanted to know but were afraid to ask about Julie and her books can be found at her website and blog. She also has been known to hang out at Facebook and Twitter.
~~~~~~~~~~~~~~~~~~~~~~~~~
Memory Lane
By Vella Munn
Samhain Publishing 2/19/2013
ISBN: 978-1619211933
e-book $3.99
"One secret threatens everything she thought she knew. Another threatens her life…
When the museum in Kim Revis’s small home town needs her expertise to design a security system against increasing thefts, she’s more than happy to help. Coming home will give her a chance to get her grandmother’s historic house ready to sell now that the elderly woman is in assisted living.
Meeting her grandmother’s attorney Mark Stockton is an unexpected thrill. He’s warm, compassionate and exceedingly sexy, if a little reserved. Plus he’s concerned about her safety at the museum. But he needn’t worry—though the thief hasn’t been caught, she’s never felt in any personal danger.
Fate has a lousy sense of time. In a perfect world, Mark would simply ask Kim out and their instant chemistry would take it from there. But there’s a major obstacle: attorney/client privilege demands he withhold a deeply disturbing secret that could turn Kim’s rosy memories of her past upside down.
Secrets aren’t the only things lurking in the museum’s dark corners. When one of them emerges from the shadows to threaten her life, the barriers come down. And the truth threatens to destroy their fragile love."
For more information about Vella and her novels, visit her website.She can also be found on Facebook.
~~~~~~~~~~~~~~~~~~~~~~~~~
Phantom Harvest: A Book in the Mutant Casebook Series
By C. R. Richards
Whiskey Creek Press February 2013
e-book $4.99
“Gideon, a half-breed mutant with a surly temper and rotten luck, struggles to scrape a living as a tracker in the desolate territory near the gateway to the human world. Business seems to be picking up when Gideon is approached by a powerful dark elf with deep pockets and a serious problem. Human miners at the dark elf's plant are being taken by an elusive predator.
Gideon is pressured to find the killer before word of the disappearances reaches the human world, endangering the tense relationship between their two races. But, nothing is simple this close to the conduit between worlds. Archangel, a ruthless mercenary operating in the secret sectors of mutant society, has set his own deadly game in motion.
Surrounded by savage wilderness and cut off from contact with civilization, Gideon must find a way to protect his friends and survive to collect his bounty.”
For more information about the author and her novels, visit her website. She is also on Facebook and Twitter.
~~~~~~~~~~~~~~~~~~~~~~~~~
Behind the Badge
By Terry Wright
TWB Press
Short Story ebook $.99
"In Book 10 of the Justin Graves Horror Short Story Series, bad cops use deadly force against a teenage boy who's arguing with his mother about joining the army. They know that firing a gun while on duty is a serious matter, but these cops have contingency plans in case they get brought up on charges. It's called a 'drop.' They may have fooled the internal affairs investigators, but they haven't fooled Justin Graves. In hell, guns are not allowed.
This story was inspired by the 2003 killing of Paul Childs, a distraught teenage boy who was shot by Denver police officers when he wouldn't obey their commands to drop a kitchen knife he was holding to his own chest. The cops claimed they feared for their lives, and the shooting was ruled justified."
Learn more about Terry, TWB Press and his novels and short stories at his website. He also hangs out on Facebook, Twitter, and You Tube.
~~~~~~~~~~~~~~~~~~~~~~~~~
Information collected and formatted by Patricia Stoltey
By Daven Anderson
PDMI Direct 1/17/2013
Paperback $12.95 e-book $3.99
There is a YA version of this novel as well as an adult version with two different book covers.
"Can Special Oympics champion Jack Wendell survive, now that he’s been turned into a vampire? All Jack wants is to be accepted as a valued member of the vampire community. But he can’t do this when Chief Venator (vampire law enforcer) Damien Tepesh has ordered Jack to be killed.
Fortunately, Jack wins the respect of a powerful ally. Lilith Morrigan, President of the Vampires, hides Jack from the ruthless Venators and gives him a chance to prove his worth. But she cannot stop her husband Damien from targeting Jack.
Damien summons Romania’s Chief Venator Zetania Vinescu to Colorado to help him hunt Jack. Lilith over-rides her husband and orders Zetania to protect Jack from the Venators.
As Damien and Lilith battle over control of Jack, a new threat emerges. A space-alien Pure vampire has come to Colorado, specifically to kidnap Jack. Even if Damien and Lilith settle their differences, can they keep Jack safe from the Pures?"
For more information about Daven and his books, please visit his website and blog. He can also be found on Facebook.
~~~~~~~~~~~~~~~~~~~~~~~~~
By J. L. Austgen
Dreampipe Publishing March 1, 2013
ISBN: 978-0985063047
Hardcover $26.99 Paperback $15.99 ebook $4.99
"Reeling from the destruction of her team at the hands of her deputy, FBI agent Evelyn Morgan vows revenge against her nemesis, the assassin that planned the operation, Omar Ben Iblis. The trail leads to an old friend, well-connected and well-placed in Washington's political establishment.
When he refuses to help, Morgan must scramble to find the pieces to the puzzle. While investigating, she discovers a vicious new menace, more cunning and deadly than anyone she has ever faced. Trained and mentored by Ben Iblis, this new threat has already struck her family, and if Morgan doesn't act quickly, she'll be the talented protégé's next victim."
Visit J.L. at J.L. Austgen…in my words… and on Facebook.
~~~~~~~~~~~~~~~~~~~~~~~~~
By Mike Befeler
Wheeler Publishing March 18, 2013
ISBN: 978-1410455581
Large Print paperback edition $25.99
"In Cruising in Your Eighties Is Murder cantankerous octogenarian Paul Jacobson becomes involved in a series of crimes while struggling with the problems of his short-term memory loss. On an Alaskan cruise, he must deal with mayhem, missing people and murder and use all his geezer resources to solve a case of international intrigue.
The hard cover edition of this book is a finalist for Left Coast Crime 2013's The Lefty Award for best humorous mystery of 2012."
For more information about Mike’s geezer lit series, visit his website and blog. He is also on Facebook and Twitter.
~~~~~~~~~~~~~~~~~~~~~~~~~
By J. A. Kazimer
Kensington 2/26/13
ISBN: 978-0758269133
Paperback $15.00 ebook $9.39
"Part of the hot trend of revamped fairytales--from the films Mirror, Mirror and Snow White and the Huntsman to hit TV shows Once Upon a Time and Grimm--J.A. Kazimer's second raucous and irreverent book in the F***ed-Up Fairytale series puts a new spin on a French-kissing frog looking for his princess!
Less than two weeks before he turns thirty, Jean-Michel La Grenouille--the Frog Prince--must find his One. Only by marrying the girl who originally turned him human can he keep from turning back into a frog. When Jean-Michel is introduced to Beauty, a beautiful blonde with a sleeping disorder, he's convinced she's the One and proposes.
But after a drunken night out in Cin City, Jean-Michel discovers that there's a hit out on Beauty. If she's killed before they get married, he'll return to his lilypad forever. He sets out to find the assassin and stop him--but it seems Beauty isn't too keen on getting married either. And to make things worse, a sexy tattoo artist has Jean-Michel's heart hopping..."
Everything you wanted to know but were afraid to ask about Julie and her books can be found at her website and blog. She also has been known to hang out at Facebook and Twitter.
~~~~~~~~~~~~~~~~~~~~~~~~~
By Vella Munn
Samhain Publishing 2/19/2013
ISBN: 978-1619211933
e-book $3.99
"One secret threatens everything she thought she knew. Another threatens her life…
When the museum in Kim Revis’s small home town needs her expertise to design a security system against increasing thefts, she’s more than happy to help. Coming home will give her a chance to get her grandmother’s historic house ready to sell now that the elderly woman is in assisted living.
Meeting her grandmother’s attorney Mark Stockton is an unexpected thrill. He’s warm, compassionate and exceedingly sexy, if a little reserved. Plus he’s concerned about her safety at the museum. But he needn’t worry—though the thief hasn’t been caught, she’s never felt in any personal danger.
Fate has a lousy sense of time. In a perfect world, Mark would simply ask Kim out and their instant chemistry would take it from there. But there’s a major obstacle: attorney/client privilege demands he withhold a deeply disturbing secret that could turn Kim’s rosy memories of her past upside down.
Secrets aren’t the only things lurking in the museum’s dark corners. When one of them emerges from the shadows to threaten her life, the barriers come down. And the truth threatens to destroy their fragile love."
For more information about Vella and her novels, visit her website.She can also be found on Facebook.
~~~~~~~~~~~~~~~~~~~~~~~~~
By C. R. Richards
Whiskey Creek Press February 2013
e-book $4.99
“Gideon, a half-breed mutant with a surly temper and rotten luck, struggles to scrape a living as a tracker in the desolate territory near the gateway to the human world. Business seems to be picking up when Gideon is approached by a powerful dark elf with deep pockets and a serious problem. Human miners at the dark elf's plant are being taken by an elusive predator.
Gideon is pressured to find the killer before word of the disappearances reaches the human world, endangering the tense relationship between their two races. But, nothing is simple this close to the conduit between worlds. Archangel, a ruthless mercenary operating in the secret sectors of mutant society, has set his own deadly game in motion.
Surrounded by savage wilderness and cut off from contact with civilization, Gideon must find a way to protect his friends and survive to collect his bounty.”
For more information about the author and her novels, visit her website. She is also on Facebook and Twitter.
~~~~~~~~~~~~~~~~~~~~~~~~~
By Terry Wright
TWB Press
Short Story ebook $.99
"In Book 10 of the Justin Graves Horror Short Story Series, bad cops use deadly force against a teenage boy who's arguing with his mother about joining the army. They know that firing a gun while on duty is a serious matter, but these cops have contingency plans in case they get brought up on charges. It's called a 'drop.' They may have fooled the internal affairs investigators, but they haven't fooled Justin Graves. In hell, guns are not allowed.
This story was inspired by the 2003 killing of Paul Childs, a distraught teenage boy who was shot by Denver police officers when he wouldn't obey their commands to drop a kitchen knife he was holding to his own chest. The cops claimed they feared for their lives, and the shooting was ruled justified."
Learn more about Terry, TWB Press and his novels and short stories at his website. He also hangs out on Facebook, Twitter, and You Tube.
~~~~~~~~~~~~~~~~~~~~~~~~~
Information collected and formatted by Patricia Stoltey
Monday, February 25, 2013
Dear Rocky: Beware of Flying Body Parts!
I was studying a blog on deep editing and this made me laugh out loud, so I thought I would share.
Beware of flying body parts!
No: Her eyes flew across the room.
Yes: Her gaze flew across the room.
Regards, Parts is Parts
------------
Ha! You've reminded me of my first manuscript draft. I believe I had eyes crawling around a dungeon. Eew. Oh, the things we learn!
Thank you for an excellent and funny reminder.
Rocky
--------------------------
We invite you to email questions, share your writing tales and travails, or suggest blog topics to:
The Dear Rocky column is published on the last Monday of the month.
Thursday, February 21, 2013
Subsidiary and Serial Rights - Not Just for Breakfast Anymore!*
*Yes, it's a terrible pun. I'm a lawyer...don't hold it against me.
Welcome back to our continuing journey through John Q. Penman's publishing contract. We've spent two weeks on Royalties, and now it's time to look at the term that follows: Subsidiary Rights.
Subsidiary Rights means rights to publish or produce works in different formats based on or derivative of the original work under contract.
(Sorry ... the legalese got away from me there.)
In plain English: Subsidiary rights means rights other than the print and ebook rights the publisher needs to produce the book itself. This could (and often does) include film and TV rights, gaming rights, rights to produce apps, and a number of other different rights - some of which are negotiable and others, usually not.
These rights are important to authors, so we'll be taking our time and examining each type in the weeks to come.
In John's contract, the subsidiary rights paragraph starts simply enough:
"Subsidiary Rights. The following additional and subsidiary rights in the Work are included in the grant of rights and defined as follows:"
Pause for a moment to read that again. The rights mentioned in this paragraph - which isn't the grant of rights paragraph - are "included in the grant of rights." This means that all of the rights the publisher gets with regard to the work itself - exclusive, for the term of copyright, and worldwide - also apply to every group of rights contained in this paragraph.
That language can be a trap for the unwary, and it's an important reason to read and understand every paragraph of the publishing deal, not just the grant of rights. The language is intertwined and the paragraphs work together. Note that the publisher isn't trying to pull a fast one here. Subsidiary rights require a lot of space and a lot of definition. They need a paragraph of their own. But the author who doesn't read the entire contract may find himself or herself stuck all the same.
We haven't got time or space to discuss the entire subsidiary rights paragraph today, but let's look at the first sub-paragraph:
(a) "Serial Rights," meaning the rights to use all or portions of the English language versions of the Work in newspapers, magazines and other periodicals before, on, or after the date the Work is first available for sale to the public in book form, including the right to create abridged, adapted and condensed versions of the Work for such serial use.
Serial rights are interesting creatures, because most publishers don't choose to publish books serially anymore. The money, for the most part, comes from publishing the book as a whole in printed and ebook form.
That said, most publishers want the serial rights, and it's useful to have them. Why? Because it allows the publisher more freedom to market the Work in different ways. For example, offering sample chapters in ebook form to librarians in advance of publication, or publishing chapters in a collection highlighting selections from upcoming works. Serial rights give the publisher more freedom, and for that reason most publishers still insist on buying them along with the publishing rights to the Work.
Could the publisher choose to publish the Work as a whole in serial format under this clause. Yep. It could. But will it? Probably not - though some authors and publishers do experiment with the format. (John Scalzi's forthcoming THE HUMAN DIVISION is one example - the work is available for purchase in serial format now, and will be available as an entire book later this year.)
Serial rights aren't something for authors to spent much time fretting about. Generally speaking, if a publisher wants to buy and publish a book, they're not interested in lowering profits by making the chapters available for free. As a practical matter, serial rights give the publisher flexibility in marketing the Work - and for most authors, that's actually a good thing.
Posted by Susan Spann
Susan Spann is a California publishing attorney and the author of Claws of the Cat (St. Martin's / Minotaur, July 2013), the first novel in the Shinobi Mystery series featuring ninja detective Hiro Hattori.
Wednesday, February 20, 2013
Humility: Getting Beyond the Ordeal
It’s not often—if I’ve even done it at all—that I’ve used
the Rock to share my opinions or feelings. Generally, I keep postings limited to
information helpful for writers (which I avoid opining in because I don’t
consider myself an expert), promo, and some goofy entertainment from time to
time.
But now there’s something heavy on my heart. To all our
friends…my friends…please know that ol’ Gusto is a changed man.
Recently, I received a pretty crushing blow. Everyone is
okay and in good health, including myself. But my world was shattered. And it
really kind of came down to: I deserved it.
In many cases with loved ones, friends, and colleagues, I
was a supreme ass. Sure, writers typically are a wee bit full of themselves,
but I was pretty miserable, a lot of times placing myself first because of some
pain in my earlier life that I constantly refused to deal with even when
someone who loved me pleaded that I do so, and voilà—I only made myself worse. I
fanned the flames of my insecurities and acted foolishly.
Slapped awake, I now know my mistakes so well that they jolt
me like electricity each day. The only way for me to climb out of this is to
change. I can’t undo my stupidity. But I can live everyday embracing the good
that surrounds me like the Garden of Eden. It was because I refused to see
these gifts, that I became so distorted. Never again.
There are quite a few acquaintances to whom I owe apologies.
This posting is just an intro. I prefer to make my amends to these people
personally, so it will be over time, but rest assured, I’ll chat with you and
look forward to the camaraderie.
Lots of changes going on in my life’s play right now. They’re
keeping me on my toes and making me sharp. I look forward to the waves settling
down, though, because once they do, I want to REALLY give back for all the
blessings I still have.
To put it in writing terms, I’m going to weather the ordeal
and come out with the great lesson and the gimmick (a phrase coined by Dwight
Swain) to overcome the dark spirits in the final act of the story. May the
force be with me. I’ve already thrown away my light saber, because Jedi don’t
give in to fear. J
Ernest Hemingway said, “There is nothing noble in being superior to your fellow man; true nobility is being superior to your former self.”
Love you all,
Dave (still with some gusto that will be bouncing back soon)
P.S. Would love to hang out with writer buddies in any way.
Need to be sociable.
Tuesday, February 19, 2013
Hanging Out in Northern Colorado: La Creperie in Fort Collins
Inside La Creperie
Fort Collins and the surrounding area is just bursting with all kinds of writers, and if this isn't one of the places they hang out to talk shop, it should be.
Fort Collins is popping with plans for a new midtown life style shopping/business/residence complex to replace the old Foothills Mall. Mason Street (that's the one with the railroad tracks running down the middle) is turning into the north-south Mason Street Corridor which will have shuttles running from the bus terminal in the north all the way to the restaurants and stores at Harmony on the south side. And Kerrie Flanagan's Northern Colorado Writers is holding a writers' conference at the Hilton on April 26-27 with keynote speaker actor/writer Andrew McCarthy.
There are lots of other yummies on the menu too, including sweet crepes, omelets, and sandwiches.
From this fine restaurant, it's only a hop, skip, and a jump to Old Firehouse Books and its neighbor, Happy Lucky's Teahouse and Treasures.
I'll leave you there to sip a cup of tea while you scan the bestseller you couldn't resist buying at the bookstore. I'm off to investigate rumors of a little chocolate cafe just a few blocks away (and even closer to the Hilton where you'll be when you attend the NCW Conference).
by Patricia Stoltey, who is probably going to enjoy this assignment way too much.
Monday, February 18, 2013
RMFW's Fifth Timeline Banner
If you're on Facebook you've been "timelined," and we thought it would be fun to feature book covers from RMFW members as a banner. But how? So many amazingly talented members with an astonishing number of fabulous books to choose from!
In the end we thought a montage might work, and here's our fifth banner!
Now for some close up shots of this banner!
Once again I'm ready to fire up the Kindle or head on over to the bookstore. How about you?
Have you found RMFW on Facebook? If not, here's the link. And if you haven't yet joined RMFW, here's that link!
Janet Fogg
Janet is the author of Soliloquy, an award-winning historical romance, and co-author of the military history best seller, Fogg in the Cockpit.
Thursday, February 14, 2013
Royal(ty) Pains, Part 2: Show Us the Money
Happy Valentine's Day, everyone! I hope your day is filled with love.
And since nothing says "love" like Legalese (I hope you know I'm kidding) ... let's dive back into the royalty language in John Q. Penman's deal....
You may remember John's (fictitious, and highly simplified) royalty paragraph from last week:
In last week's post, we talked about the difference between gross royalties and net royalties, and how glad John is that his contract contains a gross royalty provision.
With that settled, let's look at the second point of concern: percentages.
Royalty percentages vary based on the publisher, form and format, territory, type of rights, and sometimes even the number of copies sold.
Generally speaking: hardback and "trade paperback" pay higher than mass market paperback, and ebooks pay highest of all. Subsidiary and foreign rights pay at varying percentages, and IF you let your publisher keep subsidiary rights like film and television (Note: don't do this if you can avoid it) the author's share should be far higher than the percentages applicable to sales of books (and ebooks).
Current industry tolerances for traditional publishing deals run somewhere in the 10-15% range on hardback, slightly lower on trade paperback, 6-9% on mass-market paperback ... and 25% (or, rarely, more) on ebooks. (The numbers are higher in independent publishing - more on this in a minute.)
Do you see the problem in John's royalty language? Look again.
His publisher offered only ten percent on ebooks.
John should counter the publisher's offer by asking for at least 25% of ebook revenues. He should also ask for language stating that if the publisher's average (or "standard") ebook royalty percentage rises above 25%, John's royalties will also increase to an amount equivalent to that higher standard percentage. (The automatic increase isn't a deal-breaker, but a publisher who won't come up to at least 25% on ebooks probably isn't one John wants to sign a deal with.)
John might also want to request escalation clauses, which increase John's royalty percentage at various sales thresholds. For example:
Hardcover. On Publisher's sales of hardcover editions of the Work, if any, except as specified elsewhere in this Agreement, ten percent (10%) of the list price on the first five thousand (5,000) copies sold, twelve percent (12%) of the list price on the next ten thousand (10,000) copies sold, and fourteen percent (14%) on all copies sold after the first fifteen thousand copies.
Not all publishers will agree to escalation (and not all escalations will be this high), but it's not a bad thing to ask for if the publisher is open to discussion.
The Indie Publishing Question: A better deal?
Some authors point to traditional royalty percentages and ask, "Can't I make more money self-publishing?"
The answer is ... Yes, and no, and maybe.
Yes, if you look only at gross royalty percentages. Self-publishing generally grants the author a higher percentage of revenues than publishing via the traditional path.
No, because self-published authors incur additional costs along the way - costs like editing, cover art, trademark registration, and the share of the marketing (even if small) which would otherwise be covered by a traditional publisher.
Also: independent authors without a platform often have a more difficult time selling books (at least initially), and a higher royalty percentage may not even out if the author's book sells fewer copies than it would with a traditional publisher's name and distribution behind it.
However, an independently published book which sells an equal number of copies at an equivalent price point will usually earn the author more money than a traditionally-published author receives.
Ultimately, the choice between traditional and independent publication has more to do with author preferences than with money. Both are viable options, and both can result in success - or failure - depending upon the author, the book, and the buzz surrounding the title.
Note also that independent authors sign contracts too - with publishing houses, printers, and with Amazon or other publishing venues. Those contracts (sometimes disguised as "Terms of Service" - but make no mistake, it's a contract) have similar clauses to those in traditional publishing deals, so authors of all stripes have very good reason to read and understand the legalese.
What are your thoughts on royalty percentages? Do you have questions about royalties, percentage-based or otherwise? I'd love to hear your thoughts in the comments.
Posted by Susan Spann
Susan Spann is a California publishing attorney and the author of Claws of the Cat (St. Martin's / Minotaur, July 2013), the first novel in the Shinobi Mystery series featuring ninja detective Hiro Hattori.
And since nothing says "love" like Legalese (I hope you know I'm kidding) ... let's dive back into the royalty language in John Q. Penman's deal....
You may remember John's (fictitious, and highly simplified) royalty paragraph from last week:
Royalties. Throughout the Term of this Agreement, and as long thereafter as necessary for Publisher to report all sales of the Work made prior to termination hereof, Publisher will pay Author the following royalties ("Royalties") on Publisher's sales of the Work:
a. Hardcover. On Publisher's sales of hardcover editions of the Work, if any, except as specified elsewhere in this Agreement, ten percent (10%) of the list price on all copies sold.
b. Paperback. On Publisher's sales of paperback editions of the Work, if any, except as specified elsewhere in this Agreement, eight percent (8%) of the Publisher's list price on all copies sold.
d. ebooks. On Publisher's sales of ebook editions of the Work (including without limitation all electronic, digital, and downloadable versions of the Work), if any, except as specified elsewhere in this Agreement, ten percent (10%) of the Publisher's list price of all copies sold.
e. Audio Editions. On Publisher's Audio Editions of the Work sold in physical media form (e.g., on CD), if any, except as specified elsewhere in this Agreement,ten percent (10%) of the amount received by the Publisher on sales of the Work. With respect to exploitation of Publisher's Audio Editions by means of transmission, uploading, downloading, broadcast or similar means or methods other than sales in physical media form, if any (and except as otherwise specified in this Agreement) twenty percent (20%) of the amount received by the Publisher.
In last week's post, we talked about the difference between gross royalties and net royalties, and how glad John is that his contract contains a gross royalty provision.
With that settled, let's look at the second point of concern: percentages.
Royalty percentages vary based on the publisher, form and format, territory, type of rights, and sometimes even the number of copies sold.
Generally speaking: hardback and "trade paperback" pay higher than mass market paperback, and ebooks pay highest of all. Subsidiary and foreign rights pay at varying percentages, and IF you let your publisher keep subsidiary rights like film and television (Note: don't do this if you can avoid it) the author's share should be far higher than the percentages applicable to sales of books (and ebooks).
Current industry tolerances for traditional publishing deals run somewhere in the 10-15% range on hardback, slightly lower on trade paperback, 6-9% on mass-market paperback ... and 25% (or, rarely, more) on ebooks. (The numbers are higher in independent publishing - more on this in a minute.)
Do you see the problem in John's royalty language? Look again.
His publisher offered only ten percent on ebooks.
John should counter the publisher's offer by asking for at least 25% of ebook revenues. He should also ask for language stating that if the publisher's average (or "standard") ebook royalty percentage rises above 25%, John's royalties will also increase to an amount equivalent to that higher standard percentage. (The automatic increase isn't a deal-breaker, but a publisher who won't come up to at least 25% on ebooks probably isn't one John wants to sign a deal with.)
John might also want to request escalation clauses, which increase John's royalty percentage at various sales thresholds. For example:
Hardcover. On Publisher's sales of hardcover editions of the Work, if any, except as specified elsewhere in this Agreement, ten percent (10%) of the list price on the first five thousand (5,000) copies sold, twelve percent (12%) of the list price on the next ten thousand (10,000) copies sold, and fourteen percent (14%) on all copies sold after the first fifteen thousand copies.
Not all publishers will agree to escalation (and not all escalations will be this high), but it's not a bad thing to ask for if the publisher is open to discussion.
The Indie Publishing Question: A better deal?
Some authors point to traditional royalty percentages and ask, "Can't I make more money self-publishing?"
The answer is ... Yes, and no, and maybe.
Yes, if you look only at gross royalty percentages. Self-publishing generally grants the author a higher percentage of revenues than publishing via the traditional path.
No, because self-published authors incur additional costs along the way - costs like editing, cover art, trademark registration, and the share of the marketing (even if small) which would otherwise be covered by a traditional publisher.
Also: independent authors without a platform often have a more difficult time selling books (at least initially), and a higher royalty percentage may not even out if the author's book sells fewer copies than it would with a traditional publisher's name and distribution behind it.
However, an independently published book which sells an equal number of copies at an equivalent price point will usually earn the author more money than a traditionally-published author receives.
Ultimately, the choice between traditional and independent publication has more to do with author preferences than with money. Both are viable options, and both can result in success - or failure - depending upon the author, the book, and the buzz surrounding the title.
Note also that independent authors sign contracts too - with publishing houses, printers, and with Amazon or other publishing venues. Those contracts (sometimes disguised as "Terms of Service" - but make no mistake, it's a contract) have similar clauses to those in traditional publishing deals, so authors of all stripes have very good reason to read and understand the legalese.
What are your thoughts on royalty percentages? Do you have questions about royalties, percentage-based or otherwise? I'd love to hear your thoughts in the comments.
Posted by Susan Spann
Susan Spann is a California publishing attorney and the author of Claws of the Cat (St. Martin's / Minotaur, July 2013), the first novel in the Shinobi Mystery series featuring ninja detective Hiro Hattori.
Wednesday, February 13, 2013
French Accent
So this Frenchman walks into a bar…
No, it’s not a joke, although it has to do with comedy and I was the guy strolling into the tavern. Setting is not so important as much as being dazzled by a new talent.
Kevin Bennett, a.k.a French Accent, an accordion playing, France zinging, stage personality, will undoubtedly pull a chuckle from you. I laughed hard that night. By the way, it was in a sports bar, game on, football fans distracted by the competition, yet they all hardy-har-harred at Kevin’s act.
CIR: What ultimately do you want to do with comedy? Is it for fun, possibility of going big, or just good promo?
KB: Y'know, I initially moved to Colorado from Wyoming on the flip of a coin and a prayer with the intent of doing comedy. Then I got here, accidentally did a musical open-mic at some bum-ridden Denver dive, and decided there was no comedy scene in Colorado. Then a girl I intended to marry broke up with me, shattering a veil that revealed she was dumb, I got a DWAI, lost my license, and learned there was an open-mic--a legitimate open-mic--in the town I lived in. I went to it, I did my thing, it was fun, and that old goal of perhaps making a living came back to me. But there's more than just making a living in comedy, I think. Comedy provides a unique window through which other people can appreciate, understand, and perhaps accept a tangent viewpoint without feeling badgered or defensive. The magic of a joke can reveal things about the world in ways no other media can. So I do it for that reason. And because it's fun. And I like it. And people laugh. And I feel like the Lord's brought me here and has a plan for whatever I'm doing onstage. So for those reasons, basically, I think. Maybe. Yeah.
CIR: Do you think your theater background helped you to refine your very polished comedy act?
KB: Boy howdy! I feel as though my whole life's been a series of dominoes leading inexorably to where I'm at now. I don't know the future, so while now my comedic goals tend toward a career, comedy may just be another stepping stone toward my life's ultimate niche. I don't know. I can definitely say that theatre was a massive influence. For movement, energy, give and take from the audience, and free expression, you can't beat theatre. Notice How I pretentiously put the "r" before the "e". I don't even mean to do that. You just get in the habit after you go through theatre, unless you make a prime effort not to. That's because in theatre the professors, who are mostly washed-up hasbeens or wannabes hoping to drip some legacy on a new generation, do have a heady respect for what they do. They have to, as it is tied closely with their own self-respect. And so they extend that respect for the craft to the students. So suddenly you get a bunch of 18-year-old kids running around laughing and play-acting and taking themselves way too seriously. But this is important because it really helps you on stage: you're not afraid to be ridiculous, because you're an AC-TOR! (Big Shakespearean flourish.) And you are eloquent! And if you have a tiny little three line part, you learn to suck every joke/dramatic gasp out of that part you possibly can. Because not everybody can be the lead! So there's a lot of natural things about theatre that lend themselves to comedy--which, by the way, is in many ways more difficult than tragedy. Bad tragedy is cheesy. Bad comedy induces the audience to hoot, holler, heckle and harangue. So while you'll you'll through a poorly cast shakespeare play, you will excoriate a hack comic. I.E., with comedy, you have to learn to think on the fly. I feel like Comedy is the theatrical equivalent of Jazz. The jokes are your chord progression, but the audience picks the rhythm, and every now-and-again you've got to throw in a few crazy notes to keep 'em with ya.
CIR: You are a writer as well. What genres do you pen? What would you like to accomplish with your manuscripts?
KB: Primarily science fiction, though I've done a few "contemporary action"/"artsy-fartsy" pieces as well. I wrote a few novels. One is stupid, one needs a re-write, one is under-appreciated, and the other is juvenile. They're all science fiction/speculative fiction. And I've got several hundred thousand words in fantasy/sci-fi via short story as well. Writing is an excellent help, along with theatre, in standup, as it teaches you to be tight in your prose, which becomes performance. The best comedians are usually good writers as well. Anyway, I've got a few good stories out there online. Right now you can find "2135: The Year Disco Came Back" in an audio recording, and in prose. It's been published a few times on the 'net. A few local guys in Fort Collins and I are working on adapting it onto a musical, though we've hit a number of budgeting snags over the last year. Anywho, that story'll give you an idea. While not all my tales have that "vision/prophetic" vibe, they do all have interesting configurations of the English language and some easter-egg chuckles if you're looking for 'em. Example: I wrote a book called "Indigo Men", which is also available as an e-book if anyone's interested (check http://www.amazon.com/Indigo-Men-ebook/dp/B004XD2QJI ) and in that book are man-sized camel-spiders, aliens, giants, men-in-black, clairvoyant orphans, time-travel, Jihadists, God, the devil, and a man ripping his beard off to weave a rope. It's some crazy stuff. I still fancy one day I might make it as an author, but "how can a man know his own footsteps"? No idea where I'm headed or where I'll end up, so I figure I'll just enjoy the ride until I'm where I oughta be.
Thanks, Kevin! To our readers, get a load of this. Be prepared to laugh until you hurt.
Keep up with Kevin on Facebook. kevin.bennett.969@fa
Gusto
No, it’s not a joke, although it has to do with comedy and I was the guy strolling into the tavern. Setting is not so important as much as being dazzled by a new talent.
Kevin Bennett, a.k.a French Accent, an accordion playing, France zinging, stage personality, will undoubtedly pull a chuckle from you. I laughed hard that night. By the way, it was in a sports bar, game on, football fans distracted by the competition, yet they all hardy-har-harred at Kevin’s act.
CIR: What ultimately do you want to do with comedy? Is it for fun, possibility of going big, or just good promo?
KB: Y'know, I initially moved to Colorado from Wyoming on the flip of a coin and a prayer with the intent of doing comedy. Then I got here, accidentally did a musical open-mic at some bum-ridden Denver dive, and decided there was no comedy scene in Colorado. Then a girl I intended to marry broke up with me, shattering a veil that revealed she was dumb, I got a DWAI, lost my license, and learned there was an open-mic--a legitimate open-mic--in the town I lived in. I went to it, I did my thing, it was fun, and that old goal of perhaps making a living came back to me. But there's more than just making a living in comedy, I think. Comedy provides a unique window through which other people can appreciate, understand, and perhaps accept a tangent viewpoint without feeling badgered or defensive. The magic of a joke can reveal things about the world in ways no other media can. So I do it for that reason. And because it's fun. And I like it. And people laugh. And I feel like the Lord's brought me here and has a plan for whatever I'm doing onstage. So for those reasons, basically, I think. Maybe. Yeah.
CIR: Do you think your theater background helped you to refine your very polished comedy act?
KB: Boy howdy! I feel as though my whole life's been a series of dominoes leading inexorably to where I'm at now. I don't know the future, so while now my comedic goals tend toward a career, comedy may just be another stepping stone toward my life's ultimate niche. I don't know. I can definitely say that theatre was a massive influence. For movement, energy, give and take from the audience, and free expression, you can't beat theatre. Notice How I pretentiously put the "r" before the "e". I don't even mean to do that. You just get in the habit after you go through theatre, unless you make a prime effort not to. That's because in theatre the professors, who are mostly washed-up hasbeens or wannabes hoping to drip some legacy on a new generation, do have a heady respect for what they do. They have to, as it is tied closely with their own self-respect. And so they extend that respect for the craft to the students. So suddenly you get a bunch of 18-year-old kids running around laughing and play-acting and taking themselves way too seriously. But this is important because it really helps you on stage: you're not afraid to be ridiculous, because you're an AC-TOR! (Big Shakespearean flourish.) And you are eloquent! And if you have a tiny little three line part, you learn to suck every joke/dramatic gasp out of that part you possibly can. Because not everybody can be the lead! So there's a lot of natural things about theatre that lend themselves to comedy--which, by the way, is in many ways more difficult than tragedy. Bad tragedy is cheesy. Bad comedy induces the audience to hoot, holler, heckle and harangue. So while you'll you'll through a poorly cast shakespeare play, you will excoriate a hack comic. I.E., with comedy, you have to learn to think on the fly. I feel like Comedy is the theatrical equivalent of Jazz. The jokes are your chord progression, but the audience picks the rhythm, and every now-and-again you've got to throw in a few crazy notes to keep 'em with ya.
CIR: You are a writer as well. What genres do you pen? What would you like to accomplish with your manuscripts?
KB: Primarily science fiction, though I've done a few "contemporary action"/"artsy-fartsy" pieces as well. I wrote a few novels. One is stupid, one needs a re-write, one is under-appreciated, and the other is juvenile. They're all science fiction/speculative fiction. And I've got several hundred thousand words in fantasy/sci-fi via short story as well. Writing is an excellent help, along with theatre, in standup, as it teaches you to be tight in your prose, which becomes performance. The best comedians are usually good writers as well. Anyway, I've got a few good stories out there online. Right now you can find "2135: The Year Disco Came Back" in an audio recording, and in prose. It's been published a few times on the 'net. A few local guys in Fort Collins and I are working on adapting it onto a musical, though we've hit a number of budgeting snags over the last year. Anywho, that story'll give you an idea. While not all my tales have that "vision/prophetic" vibe, they do all have interesting configurations of the English language and some easter-egg chuckles if you're looking for 'em. Example: I wrote a book called "Indigo Men", which is also available as an e-book if anyone's interested (check http://www.amazon.com/Indigo-Men-ebook/dp/B004XD2QJI ) and in that book are man-sized camel-spiders, aliens, giants, men-in-black, clairvoyant orphans, time-travel, Jihadists, God, the devil, and a man ripping his beard off to weave a rope. It's some crazy stuff. I still fancy one day I might make it as an author, but "how can a man know his own footsteps"? No idea where I'm headed or where I'll end up, so I figure I'll just enjoy the ride until I'm where I oughta be.
Thanks, Kevin! To our readers, get a load of this. Be prepared to laugh until you hurt.
Keep up with Kevin on Facebook. kevin.bennett.969@fa
Gusto
Tuesday, February 12, 2013
When Do You Write Your Synopsis?
Writers talk a lot about the synopsis and how to write it. Most recently we at Chiseled in Rock published The Dreaded Synopsis by Terry Wright and Synopsis: A Perfect Fit by Janet Lane.
I have written seven novels. One was published only in audio. Two were published in hardcover, mass market paperback, and e-book. One manuscript needs a major rewrite and is probably destined to sit on a shelf forever. The other three are in various stages of writing, submission, and/or revision.
I'm a pantser, a binge writer, and I do not edit or revise as I go. Not necessarily desirable, but I've learned to deal with it. It took awhile, but over the years, I developed a synopsis-writing process that works for me. Here 'tis:
Before I begin the real writing of a novel, I use my basic idea to churn out a narrative outline. It's not a chapter outline or even a chapter-by-chapter plan, but I end up with a vague idea of my story line and characters.
Over the next few days (or in one case, years) I write and write and write until I finally have 65,000 to 70,000 words with somewhere between 15,000 and 25,000 words to go.
I stop writing and read through the novel from page one, writing a chapter-by-chapter summary as I go.
At that point, I plan the remaining chapters of my novel and include them in the summary. This is where I also jot down notes regarding needed revisions.
Then I write, write, write until I've finished the first draft of the novel.
When I move into the revision stage, I change the chapter summary as I change the novel.
When I finish the book, I also have a completed long, detailed synopsis. Agents and editors don't have a uniform standard for the synopses they request with queries or initial submissions, so it's wise to go ahead and prepare a couple of shorter versions, including a one-page, single-spaced summary. They typically require a lot of rewriting as I pare the story down to its bare bones. I don't want to be caught churning out a variation at the last minute.
So when do I write my synopsis? I begin when I'm about 80% of the way through my novel's first draft and I continue revising it as I revise the manuscript. The shorter versions are crafted from the completed long synopsis.
Now it's your turn. When do you write your synopsis?
~~~~~~~~~~~~~~~~~~~~~~~~~
By Patricia Stoltey, who is currently in the process of creating that first draft synopsis from a first draft manuscript that is about 80% complete.
I have written seven novels. One was published only in audio. Two were published in hardcover, mass market paperback, and e-book. One manuscript needs a major rewrite and is probably destined to sit on a shelf forever. The other three are in various stages of writing, submission, and/or revision.
I'm a pantser, a binge writer, and I do not edit or revise as I go. Not necessarily desirable, but I've learned to deal with it. It took awhile, but over the years, I developed a synopsis-writing process that works for me. Here 'tis:
Before I begin the real writing of a novel, I use my basic idea to churn out a narrative outline. It's not a chapter outline or even a chapter-by-chapter plan, but I end up with a vague idea of my story line and characters.
Over the next few days (or in one case, years) I write and write and write until I finally have 65,000 to 70,000 words with somewhere between 15,000 and 25,000 words to go.
I stop writing and read through the novel from page one, writing a chapter-by-chapter summary as I go.
At that point, I plan the remaining chapters of my novel and include them in the summary. This is where I also jot down notes regarding needed revisions.
Then I write, write, write until I've finished the first draft of the novel.
When I move into the revision stage, I change the chapter summary as I change the novel.
When I finish the book, I also have a completed long, detailed synopsis. Agents and editors don't have a uniform standard for the synopses they request with queries or initial submissions, so it's wise to go ahead and prepare a couple of shorter versions, including a one-page, single-spaced summary. They typically require a lot of rewriting as I pare the story down to its bare bones. I don't want to be caught churning out a variation at the last minute.
So when do I write my synopsis? I begin when I'm about 80% of the way through my novel's first draft and I continue revising it as I revise the manuscript. The shorter versions are crafted from the completed long synopsis.
Now it's your turn. When do you write your synopsis?
~~~~~~~~~~~~~~~~~~~~~~~~~
By Patricia Stoltey, who is currently in the process of creating that first draft synopsis from a first draft manuscript that is about 80% complete.
Monday, February 11, 2013
The Book Release Blues
Is post-liber libero depression (also known as PLLD, or the Book Release Blues) afflicting you? Don’t worry, books are released every day and you don’t have to suffer alone!
Symptoms of PLLD vary, but may include:
-Social media overload
-Desire to check your Amazon ranking many times a day
-Lack of desire to continue working on your new manuscript
-Inability to be witty when signing a book (especially for friends)
-Vague embarrassment when people rave about your book
-Vague embarrassment when you explain to a stranger that you’re a writer
-Vague embarrassment when you re-read your new book – and really enjoy it
Writing a book and getting it published requires an extraordinary amount of effort, focus, and care. Research suggests that PLLD could be a functional component of an author’s post-book release decision making process, supporting the notion that PLLD is a normal phenomenon experienced by authors in varying degrees, and most typically alternating with a sense of euphoria and delight. (See “Whiplash Effect.”)
There are many methods of coping, including strategies such as long trips to the Arctic or learning to read hieroglyphics, but it might be helpful to understand that these may not resolve the problem and could negatively impact the author’s long-term work strategy. So it’s best to avoid avoidance. Seek support from writer friends. Re-read every positive book review. Celebrate. Give yourself permission to be proud. Then get back to work.
by Janet Fogg
Janet is the author of Soliloquy, an award-winning historical romance, and co-author of the military history best seller, Fogg in the Cockpit.
Symptoms of PLLD vary, but may include:
-Social media overload
-Desire to check your Amazon ranking many times a day
-Lack of desire to continue working on your new manuscript
-Inability to be witty when signing a book (especially for friends)
-Vague embarrassment when people rave about your book
-Vague embarrassment when you explain to a stranger that you’re a writer
-Vague embarrassment when you re-read your new book – and really enjoy it
Writing a book and getting it published requires an extraordinary amount of effort, focus, and care. Research suggests that PLLD could be a functional component of an author’s post-book release decision making process, supporting the notion that PLLD is a normal phenomenon experienced by authors in varying degrees, and most typically alternating with a sense of euphoria and delight. (See “Whiplash Effect.”)
There are many methods of coping, including strategies such as long trips to the Arctic or learning to read hieroglyphics, but it might be helpful to understand that these may not resolve the problem and could negatively impact the author’s long-term work strategy. So it’s best to avoid avoidance. Seek support from writer friends. Re-read every positive book review. Celebrate. Give yourself permission to be proud. Then get back to work.
by Janet Fogg
Janet is the author of Soliloquy, an award-winning historical romance, and co-author of the military history best seller, Fogg in the Cockpit.
Thursday, February 7, 2013
Royalty or Royal Pains? Contract Royalty Language, Part 1
It's Thursday, which means it's time to dive back into John Q. Penman's contract and translate a little more publishing legalese.
Last week, we looked at John's advance (remember: not all authors get advances - and the smaller the press you publish with, the less likely you are to see one), so this week we're moving on to the meat of the "money clauses" - the Royalties.
This is a complex topic, so we'll be dealing with it for several weeks to come.
"Royalties" is the contract term for the author's percentage of revenues (or sometimes profits) on sales of the work.
Or, in shorter form: Royalties are the money the author receives on sales.
Contract language impacting royalties will be spread throughout the contract - so John (and you) must read the entire document to understand exactly how and when the money must be paid. That said, every publishing contract will also have at least one paragraph dedicated to royalty calculations.
Let's look at John's:
Quite the block of text - and that's a heavily condensed version for educational purposes!
Why so long?
Royalty provisions need to cover every form, format, territory and language (or translation) to which the Publisher acquires publication and sales rights. Royalty clauses can be one paragraph or (more commonly) run on for over a page. The language is often complex, and must be evaluated carefully and with several factors in mind.
Today, we look at the first one: The Basis of Calculation.
Note that John's royalties are calculated either as a percentage of "Publisher's List Price" - meaning the price the Publisher sets as the "list price" or sale price of the Work - or as a percentage of "amount(s) received by Publisher [on sales]."
This is known as Gross Royalty calculation. Where royalties are calculated on a "Gross" basis, the author's share is calculated based on the Publisher's "list price" or "funds received [on sales]" and the Publisher doesn't get to deduct costs and expenses from proceeds before determining the amount of the author's royalty payments.
The other type of calculation, Net Royalties, refers to a situation where the publisher can deduct costs and other items (sometimes far more than just the costs of producing the books) and the author's share is calculated based on the publisher's "profits" after deduction of expenses.
You probably don't need me to tell you that "Gross" is better than "Net" from an author's perspective. Not only does the author receive more money, but it's easier to track the amounts the author should receive. There's no need for the contract to specify which costs and expenses the publisher can deduct, because no deductions are allowed.
By contrast, a contract which bases royalties on "net" should state, in detail, which expenses the publisher can and cannot deduct, and also require documentary evidence of those costs along with each royalty statement.
Fortunately for John, his royalties are based on gross, which simplifies matters somewhat.
Next week, we'll take a look at the numbers in the royalty clause - I wonder how many of you have already spotted the major problem lurking there?
What do you think about gross vs. net royalty calculation? Did you spot the problem in the royalty numbers? Hop into the comments and let me know!
Last week, we looked at John's advance (remember: not all authors get advances - and the smaller the press you publish with, the less likely you are to see one), so this week we're moving on to the meat of the "money clauses" - the Royalties.
This is a complex topic, so we'll be dealing with it for several weeks to come.
"Royalties" is the contract term for the author's percentage of revenues (or sometimes profits) on sales of the work.
Or, in shorter form: Royalties are the money the author receives on sales.
Contract language impacting royalties will be spread throughout the contract - so John (and you) must read the entire document to understand exactly how and when the money must be paid. That said, every publishing contract will also have at least one paragraph dedicated to royalty calculations.
Let's look at John's:
Royalties. Throughout the Term of this Agreement, and as long thereafter as necessary for Publisher to report all sales of the Work made prior to termination hereof, Publisher will pay Author the following royalties ("Royalties") on Publisher's sales of the Work:*Note: Some publishers separate "trade paperback" from "mass market paperback" but for the sake of simplicity I've combined those provisions here (and also removed a few subsidiary rights - we'll look at them separately, later on).
a. Hardcover. On Publisher's sales of hardcover editions of the Work, if any, except as specified elsewhere in this Agreement, ten percent (10%) of the list price on all copies sold.
b. Paperback. On Publisher's sales of paperback* editions of the Work, if any, except as specified elsewhere in this Agreement, eight percent (8%) of the Publisher's list price on all copies sold.
d. ebooks. On Publisher's sales of ebook editions of the Work (including without limitation all electronic, digital, and downloadable versions of the Work), if any, except as specified elsewhere in this Agreement, ten percent (10%) of the Publisher's list price of all copies sold.
e. Audio Editions. On Publisher's Audio Editions of the Work sold in physical media form (e.g., on CD), if any, except as specified elsewhere in this Agreement,ten percent (10%) of the amount received by the Publisher on sales of the Work. With respect to exploitation of Publisher's Audio Editions by means of transmission, uploading, downloading, broadcast or similar means or methods other than sales in physical media form, if any (and except as otherwise specified in this Agreement) twenty percent (20%) of the amount received by the Publisher.
f. Foreign Sales. On Publisher's sales of the Work in physical media and/or ebook form outside of the United States, a royalty equal to fifteen percent (15%) of the amount received by Publisher on such sales.
Quite the block of text - and that's a heavily condensed version for educational purposes!
Why so long?
Royalty provisions need to cover every form, format, territory and language (or translation) to which the Publisher acquires publication and sales rights. Royalty clauses can be one paragraph or (more commonly) run on for over a page. The language is often complex, and must be evaluated carefully and with several factors in mind.
Today, we look at the first one: The Basis of Calculation.
Note that John's royalties are calculated either as a percentage of "Publisher's List Price" - meaning the price the Publisher sets as the "list price" or sale price of the Work - or as a percentage of "amount(s) received by Publisher [on sales]."
This is known as Gross Royalty calculation. Where royalties are calculated on a "Gross" basis, the author's share is calculated based on the Publisher's "list price" or "funds received [on sales]" and the Publisher doesn't get to deduct costs and expenses from proceeds before determining the amount of the author's royalty payments.
The other type of calculation, Net Royalties, refers to a situation where the publisher can deduct costs and other items (sometimes far more than just the costs of producing the books) and the author's share is calculated based on the publisher's "profits" after deduction of expenses.
You probably don't need me to tell you that "Gross" is better than "Net" from an author's perspective. Not only does the author receive more money, but it's easier to track the amounts the author should receive. There's no need for the contract to specify which costs and expenses the publisher can deduct, because no deductions are allowed.
By contrast, a contract which bases royalties on "net" should state, in detail, which expenses the publisher can and cannot deduct, and also require documentary evidence of those costs along with each royalty statement.
Fortunately for John, his royalties are based on gross, which simplifies matters somewhat.
Next week, we'll take a look at the numbers in the royalty clause - I wonder how many of you have already spotted the major problem lurking there?
What do you think about gross vs. net royalty calculation? Did you spot the problem in the royalty numbers? Hop into the comments and let me know!
Posted by Susan Spann
Susan Spann is a California publishing attorney and the
author of Claws of the Cat (St. Martin's / Minotaur, July 2013), the first
novel in the Shinobi Mystery series featuring ninja detective Hiro Hattori.
Wednesday, February 6, 2013
What's in a name?
Well if it’s the name of a book, only the power to
completely and utterly capture the attention of an agent, editor, or reader. Give
your book title the time and thought it deserves.
The title is the first thing everyone sees and it can make
or break your chances of getting noticed. It's your first impression so make it
count. Make your book stand out. Grab the reader's attention and make them
desperate to find out just what your book is all about.
As literary agents, the title is the first thing we notice.
A great title will make us read. Every
time. It will make us open the email almost immediately to check it
out. Quirky or profound, we are suckers
for a good title. Some titles are entertainment in themselves. They are also a
window into the author’s soul. They tell
us the author is creative because a good title, after all, takes time and
talent to develop.
Tequila Got Me Pregnant, the title by one of our most recent
authors screamed from the subject line in our list of email queries. Tattoo Rampage, by our beloved Dave Gusto
Jackson piqued our interest in both the manuscript and the author. Demons and Cocktails by Anthony Bunko,
Deadgirl by B.C. Johnson, are only a few examples of attention getting titles
that front amazing books.
Now we can’t talk about an amazing attention getter without
mentioning, Curses! A F***ed Up Fairy Tale.
Who wouldn’t be curious to take a peek?
The title of J.A. Kazimer’s novel captured our attention immediately,
and fortunately, garnered attention from Peter Senftleben, the editor at Kensington Books. He grabbed it up along with its sequel soon to be released,
Froggy Style. A F***ed Up Fairy Tale. They continue to capture attention of book reviewers, readers, and Hollywood producers. I mean after all it ain’t
easy being green.
Here are some more titles of bestselling books to get your
creative juices flowing, fiction and non-fiction. These titles of literary
genius are enough to make us want to check them
out and make us wish they had come across our desks.
Another Bullshit Night in Suck City - Nick Flynn
I Have No Mouth and I Must Scream - Harlan Ellison
When You Are Engulfed in Flames - David Sedaris
The Moon is a Harsh Mistress - Robert A. Heinlein
What's the secret to these great titles? They elicit an
emotional response from the prospective reader, positive and negative. They
give the reader something they can relate to. How many times have you had a
bullshit night out on the town? Or felt like you wanted to just scream but
couldn’t find the energy?
What other ways can you get your title to stand out? You can
string together words or ideas in an unorthodox way. Learn from some of the
pros.
Walk Two Moons - Sharon Creech
Blue Like Jazz - Donald Miller
A Clockwork Orange - Anthony Burgess
The Winner Stands Alone - Paulo Coelho
Spunky titles, for less serious subject matters, will
automatically draw attention too. And remember sarcasm sells.
The Hollow Chocolate Bunnies of the Apocalypse - Robert
Rankin
Do Androids Dream of Electric Sheep? - Philip K. Dick
Are You There Vodka? It's Me, Chelsea - Chelsea Handler
Women Are from Venus Men Are from Hell - Amanda Newman
So how can you create a title all the world will remember?
Take some time to search Amazon or Goodreads for titles. Write
down words or titles that grab you. Combine them with different nouns, verbs,
adjectives, colors, or numbers and then recombine them over and over until
something grabs you.
Brainstorm with others; friends, family, your writers’
group. Tell them some of the key points of your story and see what they come up
with to describe it. Then combine their suggestions with different nouns, verbs,
adjectives... you get the picture.
Check out newspaper and TV show titles. They may spark some
ideas.
Browse your library or bookstore. Take a notepad. Capture
titles or words that move you.
Never copy and strive to create an original.
Read through your manuscript. Is there a passage or a scene
that describes it all perfectly? Use your thesaurus to come up with more clever
synonyms.
Most importantly, take the time to get it just right. A great
title demands your manuscript get noticed and not just in your query to
literary agents but to editors, book
distributors, reviewers, and finally your desired readers.
Now, go grab some attention for your novel with an
unforgettable title. Just make sure the manuscript that follows lives up to its
name.
Sharon Belcastro
Belcastro Agency
Tuesday, February 5, 2013
Tucked In The Mountains: Box Canyon Lodge, Ouray, Colorado
Searching out the best places to read, write or sip on the Western Slope
Ouray, Colorado is surrounded by some of the most dramatic mountains in the state. Considered the Little Switzerland of America, the San Juan Mountains represent some of the steepest and rockiest in Colorado. Nestled in these mountains is one of my family’s favorite hideouts, Box Canyon Lodge. The rates are reasonable and the rooms, while simple, are very clean and come stocked with a small refrigerator and microwave, ideal for a few nights stay. But we never remain inside for long. There’s too much to do outside, including soaking in the mineral hot tubs, open and free to all lodge guests. The tubs look like large half wooden barrels, taking the imagination back to an earlier time, and are conveniently located on terraced decks directly behind the hotel.
The property of Box Canyon Lodge was originally owned by Mr. and Mrs. Richard Cogar and operated as a sanitarium from 1925 until 1929 and then became the Sweet Skin Sanitarium owned by Mr. Kent from Illinois. Sometime after World War II, it turned into a motel and has been operated as such since then. The original bath house can still be seen on the edge of the property. Many claim the relaxing hot mineral waters still contain curative powers. I don’t know about that, but it sure feels good to sink into a steamy tub after a day of hiking, skiing or even just touring the town.
After a quick soak in the morning and a cup of freshly brewed coffee from the lobby, my family and I head out to explore the shops in the historic downtown. Of course, like a word-seeking missile, I locate the independent bookstore, Buckskin Booksellers. Lined with shelves of books and a rack of magazines, I quickly settle into browsing mode. The bookstore contains a great selection of local authors and maps as well as bestsellers and classics. What writer can resist that kind of offering?
There are plenty of fine restaurants including the local Ouray Brewery, to feed your appetite. And be sure to stop by Mouse’s Chocolates and Coffee for a tempting bite (or two!) of delicious homemade chocolates, cookies and decadent ice cream treats.
Don’t worry about eating too much, you can work it off. Take a short drive to the dramatic gorge and walk around for a bit. In the winter, you can catch daring ice climbers at the Ouray Ice Park picking their way up steep manmade ice walls lining the canyon. In the summer, be sure to hike the short and easy walk to Box Canyon Falls. The historic setting quickens the imagination, and the scenery, pools, shops, bookstore, and eateries make Ouray, Colorado and Box Canyon Lodge an ideal location for a writing get-away or a reader’s paradise.
For information and rates about Box Canyon Lodge: http://boxcanyonouray.com/
For more information about the town of Ouray: http://www.ouraycolorado.com/
~~~~~~~~~~~~~~~~~~~~~~~~~
Photos and post by Julie Luekenga. Julie lives in the high mountain ranching community of Gunnison, CO and is a freelance writer published in regional and national publications and a member of Rocky Mountain Fiction Writers.
Writing under the name Julie Luek, she maintains two blogs (In Fine Company and A Thought Grows) and is a regular, every other week, contributor to the international writing website, She Writes. She can also be found on LinkedIn, Twitter, and Facebook. Watch for Julie's Chiseled in Rock reports from the western slope on the first Tuesday of each month.
Box Canyon at Box Canyon Lodge
There are plenty of fine restaurants including the local Ouray Brewery, to feed your appetite. And be sure to stop by Mouse’s Chocolates and Coffee for a tempting bite (or two!) of delicious homemade chocolates, cookies and decadent ice cream treats.
For information and rates about Box Canyon Lodge: http://boxcanyonouray.com/
For more information about the town of Ouray: http://www.ouraycolorado.com/
~~~~~~~~~~~~~~~~~~~~~~~~~
Photos and post by Julie Luekenga. Julie lives in the high mountain ranching community of Gunnison, CO and is a freelance writer published in regional and national publications and a member of Rocky Mountain Fiction Writers.
Writing under the name Julie Luek, she maintains two blogs (In Fine Company and A Thought Grows) and is a regular, every other week, contributor to the international writing website, She Writes. She can also be found on LinkedIn, Twitter, and Facebook. Watch for Julie's Chiseled in Rock reports from the western slope on the first Tuesday of each month.
Monday, February 4, 2013
Voice, Style, and Technique
-------------
Voice is the primary thing that makes one writer different than another, one storyteller different than the next. Voice is unique (and how wonderful is THAT!) and crucial.
I must admit I was very upset when I saw the 1 star review of Feral Magic on Amazon. Now, I get one stars and two stars most every book (if you think I'm going to look to check these facts, you are wrong). But what was bad for me about the review on Feral Magic was that it was a new project I really wanted to take off, and the one star came when there were only two reviews.
I DID read it, how could I not? And what it came down to is that the reviewer did not like my voice, style or technique.
There is nothing I can do to recover from that. There is no way I can convince her that she'd like another book of mine. She will probably never like my work.
THAT IS HER PREROGATIVE. WE ARE ALL UNIQUE AND LIKE WHAT WE LIKE, AND SHOULD READ WHAT WE WANT TO READ.
I did what I rarely do, asked some critique buddies that if they liked the work and thought it merited more stars, to post. One of them came through and I was greatly relieved.
Each one of my books will be judged by reviewers. Since I put my work out there, that is what I must expect and accept. My writing will be judged, my voice and technique. Every writer who is published must accept that. Sometimes it won't feel fair. Tough.
But I'm not going to stop writing stories I love and believe in, and I will always do, as I have always done: Write the best book I can with the knowledge and resources I have. I am a writer.
Merry meet and merry part and merry meet again.
Robin
You can learn more about Robin D. Owens and her books at her website and on her blog.
Subscribe to:
Posts (Atom)