Category : The Business of Writing

  • March 28, 2012

    When is a writer ready to go full time?

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    Emily wants to know, “As a writer, when are you ready to go full time?"

    This is a favorite question of mine, since I routinely see wannabe authors get a book contract, quit their jobs, then wonder why that lousy agent of theirs can't help them survive financially.

    I have three rules of thumb for authors who want to go full time:

    1. You need to have four-to-six books earning you a royalty;

    2. You need to have 18 months to 2 years of book contracts;

    3. You need to have a plan in place. (That plan will include a budget, a writing calendar, an accountability partner or writing support group, a writing space, adequate equipment, and most likely a therapist, since you're probably delusional to consider the idea anyway.)

    Let's look at reality for a minute — let's say you just got a decent two-book deal. The publisher is paying you, say, $10,000 per book on an advance, so the total deal is for $20,000. You get a third of that on signing ($6666 — but if you're an evangelical, don't take that as a sign of the apocalypse, okay?). You need to be able to live on that for the next few months while you write your book. If you can write it in three months (relatively fast for most novelists), you've had to live on $2200 per month. Pretty thin stuff. If it takes you six months to do a novel, you're having to make do on a thousand bucks a month. You see where I'm going with this?

    Once the publisher approves your manuscript (which can sometimes take a few months), they'll send you your completion check for that book — another $6666, payable thirty days after they request the check. You've now made a whopping $13k, you're months into the process, and you just used up all your good ideas on your first book. So

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  • March 26, 2012

    How does my book get selected by a publisher?

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    Cheryl wrote to ask, "What is the process of getting your proposal selected by a publishing house?"

    Think of a publishing house as being an actual building. Your proposal probably isn't walking in the front door. More than likely it's sliding into the building by way of a window known as an acquisitions editor (often an acquaintance of your agent, sometimes a person you met at a conference, or maybe a guy who lost a bet). He or she will read through it, make some suggestions, talk it over with your agent, and eventually make a decision on whether or not they think it's worth pursuing.

    Most publishers are relying on agents to do the initial filtering of junk, so the slush pile has sort of moved from the publishing house to the agent's office…which means you're going to have to sell it to an agent first, therefore adding one more step to this process.

    Once it's in the building, if the acquisitions editor likes it he or she will take it to some sort of editorial committee, where they sit around grousing about their pay and making editorial jokes. ("I'm having a DICKENS of a time with this one!" "Yeah, let's catch a TWAIN out of town!" Editorial types love this sort of humor. That's why they're editors and not writers.) Eventually they'll run out of bad puns and be forced to discuss the merits of your proposal. If it's a non-fiction book, is it unique? Does it answer a question people are asking? Is there a perceived market for it? Does the writing feel fresh and offer genuine solutions to the question that's posed? If it's a novel, does the story have a clear hook? Is there a well-defined audience for it? Does it feel new, or as though it's a story that's been told a million times? (The fact is, it probably HAS been told a million

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  • March 26, 2012

    How does my book get selected by a publisher?

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    Cheryl wrote to ask, "What is the process of getting your proposal selected by a publishing house?"

    Think of a publishing house as being an actual building. Your proposal probably isn't walking in the front door. More than likely it's sliding into the building by way of a window known as an acquisitions editor (often an acquaintance of your agent, sometimes a person you met at a conference, or maybe a guy who lost a bet). He or she will read through it, make some suggestions, talk it over with your agent, and eventually make a decision on whether or not they think it's worth pursuing.

    Most publishers are relying on agents to do the initial filtering of junk, so the slush pile has sort of moved from the publishing house to the agent's office…which means you're going to have to sell it to an agent first, therefore adding one more step to this process.

    Once it's in the building, if the acquisitions editor likes it he or she will take it to some sort of editorial committee, where they sit around grousing about their pay and making editorial jokes. ("I'm having a DICKENS of a time with this one!" "Yeah, let's catch a TWAIN out of town!" Editorial types love this sort of humor. That's why they're editors and not writers.) Eventually they'll run out of bad puns and be forced to discuss the merits of your proposal. If it's a non-fiction book, is it unique? Does it answer a question people are asking? Is there a perceived market for it? Does the writing feel fresh and offer genuine solutions to the question that's posed? If it's a novel, does the story have a clear hook? Is there a well-defined audience for it? Does it feel new, or as though it's a story that's been told a million times? (The fact is, it probably HAS been told a million

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  • March 23, 2012

    Once I sign a contract, when do I get paid?

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    Don wrote and said to me, “In light of your recent posts on contracts, I’m not clear as to when I should get paid. I’ve signed a contract with a medium-sized publishing house, but I don’t know when my advance and royalties are actually paid out. Can you help?”

    This isn’t all that uncommon. One of the things I've noticed about many of the writers I've met with over the past twenty years at writer's conferences is that they often aren't clear WHEN they are paid. For the record, most contracts I negotiate are paid half-n-half – that is, half the advance is paid within 30 days of signing the contract, and the other half is paid upon completion of the writing assignment. However, many of the New York publishers now pay in thirds, with the last third being sent upon publication of the manuscript. (That's actually becoming more popular with publishers, since it spreads out the risk a bit.) And a couple years ago Random House started the truly awful practice of paying in quarters – a quarter on signing, a quarter on completion, a quarter on publication, and (my reason for saying it’s awful) the last quarter is due a year after the book releases. (Rumor has it they wanted to break it up into fifths, and pay the last portion to the author's estate, with the check to be delivered at the funeral.) Don't get me wrong — Random House is a good company. I just think this is a policy created by non-book people without enough appreciation for the authors involved who are trying to make a living. I'm waiting to hear about the two-million-dollar book that tanks at RH, and what the leadership will say when they have to cut a $500,000 check for a book that has already lost a ton of money. Oy.

    Anyway, there are a number of variations to this

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  • March 23, 2012

    Once I sign a contract, when do I get paid?

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    Don wrote and said to me, “In light of your recent posts on contracts, I’m not clear as to when I should get paid. I’ve signed a contract with a medium-sized publishing house, but I don’t know when my advance and royalties are actually paid out. Can you help?”

    This isn’t all that uncommon. One of the things I've noticed about many of the writers I've met with over the past twenty years at writer's conferences is that they often aren't clear WHEN they are paid. For the record, most contracts I negotiate are paid half-n-half – that is, half the advance is paid within 30 days of signing the contract, and the other half is paid upon completion of the writing assignment. However, many of the New York publishers now pay in thirds, with the last third being sent upon publication of the manuscript. (That's actually becoming more popular with publishers, since it spreads out the risk a bit.) And a couple years ago Random House started the truly awful practice of paying in quarters – a quarter on signing, a quarter on completion, a quarter on publication, and (my reason for saying it’s awful) the last quarter is due a year after the book releases. (Rumor has it they wanted to break it up into fifths, and pay the last portion to the author's estate, with the check to be delivered at the funeral.) Don't get me wrong — Random House is a good company. I just think this is a policy created by non-book people without enough appreciation for the authors involved who are trying to make a living. I'm waiting to hear about the two-million-dollar book that tanks at RH, and what the leadership will say when they have to cut a $500,000 check for a book that has already lost a ton of money. Oy.

    Anyway, there are a number of variations to this

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  • March 21, 2012

    Why do I need to understand contracts?

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    In response to the last couple of posts, I've had several people write and say, "Book contracts seem a bit overwhelming. Why do I need to understand them?"

    A book contract is a legal document, meaning that the words on the page will govern everything regarding your book for as long as it is in print. You wouldn't sign an agreement for a car or a house without reading it carefully and knowing what you're reading, so why do that with a book? 

    There are some ways to help make the task a bit easier: 

    1) You can sign on with a good agent. They ought to know more about contracts than you. (That said, one gentle warning: Ask questions. My experience is that some agents seem to know about contracts the way I know about auto mechanics. I mean, I know that a car has what's called an engine, and it's helpful if the engine works. Beyond that, I'm fairly lost… though I understand gas and oil are helpful ingredients, occasionally). You might want to ask any prospective agent some questions: Who have you done contracts with? How many have you done in the past year? What do you think is important in a contract? Where did you get your training? etc. A good, experienced literary agent ought to be able to help you understand and evaluate your book contract. 

    2) You could take your contract to a lawyer. They will either charge you a flat fee to review it, or charge you by the hour to pick it apart. A good lawyer can help dig into all the words and numbers, and figure out how to help revise them. My advice is to be very careful that you're working with a lawyer who knows something about publishing law and (hopefully) intellectual property rights. Your average lawyer who is doing mortgage closings and setting up grandma's

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  • March 21, 2012

    Why do I need to understand contracts?

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    In response to the last couple of posts, I've had several people write and say, "Book contracts seem a bit overwhelming. Why do I need to understand them?"

    A book contract is a legal document, meaning that the words on the page will govern everything regarding your book for as long as it is in print. You wouldn't sign an agreement for a car or a house without reading it carefully and knowing what you're reading, so why do that with a book? 

    There are some ways to help make the task a bit easier: 

    1) You can sign on with a good agent. They ought to know more about contracts than you. (That said, one gentle warning: Ask questions. My experience is that some agents seem to know about contracts the way I know about auto mechanics. I mean, I know that a car has what's called an engine, and it's helpful if the engine works. Beyond that, I'm fairly lost… though I understand gas and oil are helpful ingredients, occasionally). You might want to ask any prospective agent some questions: Who have you done contracts with? How many have you done in the past year? What do you think is important in a contract? Where did you get your training? etc. A good, experienced literary agent ought to be able to help you understand and evaluate your book contract. 

    2) You could take your contract to a lawyer. They will either charge you a flat fee to review it, or charge you by the hour to pick it apart. A good lawyer can help dig into all the words and numbers, and figure out how to help revise them. My advice is to be very careful that you're working with a lawyer who knows something about publishing law and (hopefully) intellectual property rights. Your average lawyer who is doing mortgage closings and setting up grandma's

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  • March 20, 2012

    What's reasonable to ask for in a book contract? (continued)

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    Further thoughts on what is reasonable to seek in a book contract…

    6. Beware the kill clause – this is something I think is often unreasonable. In some publisher's contracts, you'll find they have inserted wording that says, "This is the deal…but if we change our minds, you have to pay us all the money back." I find that totally unreasonable. A deal's a deal — it's why we're signing the papers. Sure, if you can't hold up your end of the bargain by writing a book and meeting a deadline, they should be able to cancel. But if they can get out of it at any time, for no reason, with no repurcussions, we don't really have a "contract;" we have "a sort of gentleman's agreement thingy." Ask to have that deleted.

    7. Make sure the copyright is in the author's name, not the publisher's. That's always reasonable.

    8. It's reasonable to contract that the book be produced within 24 months or so of turning in the manuscript. Anything beyond that and you start getting into unreasonable territory. Having no time limit is certainly unreasonable, unless it's a work for hire. I know of an author who turned in a completed work more than three years ago, and the book has never released… but the contract didn't give a publishing window, so it's still considered "in process." Ugh. 

    9. It's reasonable to get paid as often as possible. Some contracts stipulate that you'll be paid once a year. Most pay twice a year — some quarterly. Ask to be paid at least twice a year. And a related issue: Get as much of the advance up front. I just saw a contract that wanted to pay in eighths (1/8 on signing, 1/8 on completion, 1/8 on turning in the marketing info, 1/8 on showing up in a clean shirt, etc).

    10. Clarify your option clause. It might be reasonable

    Continue Reading "What's reasonable to ask for in a book contract? (continued)"
  • March 19, 2012

    What's reasonable to ask for in a book contract?

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    I had someone write and ask this: "What is reasonable and what is unreasonable to see in a publishing contract with a small-to-medium-sized house? I ask because I've just been offered a book contract that has this horrendous non-compete clause. The publisher is basically saying I can't do ANY OTHER BOOK until this book goes out of print. Can you give me some perspective? Also, is it reasonable for me to ask for more free books? And what should I ask for in terms of books and discounts?"

    I love talking book contracts, so let me wander through several contractual ideas…

    1. It's perfectly reasonable for a publisher to have a protected selling season on the book they are doing with you. (That doesn't mean you have to agree to it, but it's certainly a reasonable request.) Producing a book is a huge investment, and your publisher should have the ability to sell your book without fear that you'll soon do a similar book with someone else. It's also reasonable for them to say "you won't do a book that directly compete with this book." However, it is NOT reasonable to ask a writer to not ever write anything else on the topic, especially if you speak and write in a particular area (such as "parenting" or "healthy lifestyles" or "Amish vampires"). Negotiate a fair non-compete that protects the publisher, but also allows you to write to your audience.

    2. A second idea that's reasonable: Lots of people talk about getting "more free books," but I think it's unreasonable to ask a publisher to give you a ton of free books if you're going to turn around and sell them, thereby becoming a competitor with your own publisher. What's reasonable is to ask for free books that you plan to use for marketing purposes, in order to attract interest in your book and help your publisher sell

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  • March 13, 2012

    More on how an author negotiates a book contract…

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    We're continuing our thoughts on what to have in mind when facing a book contract negotiation.

    4. Be Clear when Talking. One thing that will hurt you in a negotiation is to wander around your point. For example, if you know you don't want to grant dramatic rights to your novel, be clear about it. Problems often arise in a negotiation because of the things that aren't said — an author wants a certain advance but won't admit it, or the writer wants to retain foreign rights and doesn't say so clearly. If you know what you want, be ready to say so clearly in a polite, organized, and clear manner. This is why it's important for you to have a plan and write it down before you begin talking, so when faced with a question, you can refer to your notes and remind yourself of what is important.

    5. Learn to Listen. Kenneth Tynan once referred to the activities at the United Nations as "a dialogue for the deaf." One speaker gets up and harangues people with some information, then the next guy gets up, starts talking, and acts as though he heard nothing that was just said. You'll be amazed at how much better negotiations will go when you learn to be quiet and hear the other side occasionally. You'll discover you learn things about the publishing house when you listen. It will make you a better negotiator. And a bit of silence can help you focus in the midst of a discussion.

    6. You Have Options. Keep in mind that you don't have to agree to a bad deal. You always have options — even if the only option is to say no thanks, get up, and walk away (whether permanently or temporarily). This is a basic truth that people in negotiations sometimes forget. The fact is, you may not be able to come to an agreement,

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