• 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

    Continue Reading "Why do I need to understand contracts?"
  • 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 16, 2012

    What are some good resources for writers?

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    Dan wrote and said, "I hear you've taught a couple classes for colleges, and I know you do the occasional conference. For those of us who can't get to another state to hear you, what would be some resources you'd recommend for writers?"

    One of the best things you can do for yourself as a writer is to attend a good writing conference. They have conferences all over the country, usually featuring experienced writers and publishing professionals. It's a great way to meet people, ask questions, and connect with others who are also trying to make it as writers. There's undoubtedly a GREAT conference happening somewhere close to you in the month, as the conference season kicks off (for example, I'm attending the Left Coast Crime conference in Sacramento in two weeks). You'll rarely regret investing in a good conference.

    Another thing to consider is a critique group — a chance to sit down with a small group of fellow writers and compare notes, critique each others' work, and talk books. It offers you perspective from others, and it gets you talking writing with people — something many writers have discovered is hard to find. You can often connect to them online, and many local bookstores will help authors in the area come together in order to network and critique one another. A third resource is one of the online writing groups — one helpful such gatherings is the Yahoo group "The Writers View," but there are numerous others. Most of these groups discuss writing and publishing, and many have a panel of experts to bring some wisdom to the discussion.

    If you're already involved in some of those things, let me suggest a writing course at your local college. It can be a lot of fun to take a literature course or participate in a creative writing class, and the instructors can often give new insight into your

    Continue Reading "What are some good resources for writers?"
  • March 16, 2012

    What are some good resources for writers?

    by

    Dan wrote and said, "I hear you've taught a couple classes for colleges, and I know you do the occasional conference. For those of us who can't get to another state to hear you, what would be some resources you'd recommend for writers?"

    One of the best things you can do for yourself as a writer is to attend a good writing conference. They have conferences all over the country, usually featuring experienced writers and publishing professionals. It's a great way to meet people, ask questions, and connect with others who are also trying to make it as writers. There's undoubtedly a GREAT conference happening somewhere close to you in the month, as the conference season kicks off (for example, I'm attending the Left Coast Crime conference in Sacramento in two weeks). You'll rarely regret investing in a good conference.

    Another thing to consider is a critique group — a chance to sit down with a small group of fellow writers and compare notes, critique each others' work, and talk books. It offers you perspective from others, and it gets you talking writing with people — something many writers have discovered is hard to find. You can often connect to them online, and many local bookstores will help authors in the area come together in order to network and critique one another. A third resource is one of the online writing groups — one helpful such gatherings is the Yahoo group "The Writers View," but there are numerous others. Most of these groups discuss writing and publishing, and many have a panel of experts to bring some wisdom to the discussion.

    If you're already involved in some of those things, let me suggest a writing course at your local college. It can be a lot of fun to take a literature course or participate in a creative writing class, and the instructors can often give new insight into your

    Continue Reading "What are some good resources for writers?"
  • March 15, 2012

    Thursdays with Amanda: How to Write a Great Tweet

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    Amanda 2 CropAmanda Luedeke is a literary agent with MacGregor Literary. She posts about growing your author platform every Thursday. You can follow her on Twitter @amandaluedeke or join her Facebook group to stay current with her wheelings and dealings as an agent.

    To write well for Twitter, you really need to change your mindset. I’ve seen 100,000+ word novelists balk when it comes to Tweeting, and I’ve seen successful business types equally fail when they take the hard sell approach. Twitter isn’t a place for you to flaunt your knowledge of the English language or refine your author voice. It’s equally not a place where constantly telling people to buy your book or visit your website will work. Twitter takes a bit more finesse. A bit more thought. And a lot more of a marketing or sales-driven mindset.

    Twitter restricts the number of characters used in each Tweet to 140. If you’re curious what that looks like, note this paragraph. Yep, 140.

    It may seem like a lot to work with at first, but once you add any @ mentions or links or hashtags, it can get crowded fast. It’s this very crowdedness that hinders authors from being successful with their Tweets.

    But the bottom line is if you can learn to write compelling, actionable copy for Twitter, you can write just about anything.

    Just like any other social media channel, the basic rule to a great Twitter handle is to have a goal. Do you want to sell books? Generate interest in your website or blog? Position yourself as an expert on a topic? A clear goal will guide each and every Tweet, preventing you from flooding your readers with conflicting information. With a goal, you’ll be sure to attract the very readers that care about every single Tweet you throw at them. And that is where the Twitter magic happens.

    But how do you construct compelling copy in 140

    Continue Reading "Thursdays with Amanda: How to Write a Great Tweet"
  • March 15, 2012

    Thursdays with Amanda: How to Write a Great Tweet

    by

    Amanda 2 CropAmanda Luedeke is a literary agent with MacGregor Literary. She posts about growing your author platform every Thursday. You can follow her on Twitter @amandaluedeke or join her Facebook group to stay current with her wheelings and dealings as an agent.

    To write well for Twitter, you really need to change your mindset. I’ve seen 100,000+ word novelists balk when it comes to Tweeting, and I’ve seen successful business types equally fail when they take the hard sell approach. Twitter isn’t a place for you to flaunt your knowledge of the English language or refine your author voice. It’s equally not a place where constantly telling people to buy your book or visit your website will work. Twitter takes a bit more finesse. A bit more thought. And a lot more of a marketing or sales-driven mindset.

    Twitter restricts the number of characters used in each Tweet to 140. If you’re curious what that looks like, note this paragraph. Yep, 140.

    It may seem like a lot to work with at first, but once you add any @ mentions or links or hashtags, it can get crowded fast. It’s this very crowdedness that hinders authors from being successful with their Tweets.

    But the bottom line is if you can learn to write compelling, actionable copy for Twitter, you can write just about anything.

    Just like any other social media channel, the basic rule to a great Twitter handle is to have a goal. Do you want to sell books? Generate interest in your website or blog? Position yourself as an expert on a topic? A clear goal will guide each and every Tweet, preventing you from flooding your readers with conflicting information. With a goal, you’ll be sure to attract the very readers that care about every single Tweet you throw at them. And that is where the Twitter magic happens.

    But how do you construct compelling copy in 140

    Continue Reading "Thursdays with Amanda: How to Write a Great Tweet"
  • March 14, 2012

    Meet Shannon Potelicki

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    Shannon

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    When I learned to write, I couldn’t stop. I became “The Weird Writer Girl.”

    I see now that this nickname was a commentary on my tendency to spend recess writing stories instead of playing on the monkey bars. Back then? That name meant I was a superhero—saving the world one handwritten (in pink crayon) Barbie play at a time. To my little brothers, however, it meant I was a supervillain—holding them against their will to provide the voices for the boy dolls. Superhero or not, I decided that I was going to spend the rest of my life mastering the power of words.

    With that resolve, I didn’t shock anyone when it came time to pick a college. I chose Taylor University’s acclaimed Professional Writing program. I graduated after earning the Jerry B. Jenkins Annual Writing Scholarship, having my byline published in a variety of magazines and newspapers, and completing an editorial internship with Focus's book publishing department.

    I’ve continued to pursue a career as a writer since graduation. My projects have included ghostwriting, writing marketing and donor relations copy, and freelancing articles for online and print publications.

    For the past several months, I’ve also been serving as Chip’s assistant—going through the slush pile, helping out with research, and handling other small projects. It’s been a pleasure to work with the MacGregor Literary agents, and (now that I’ve gotten the hang of things) they’ve asked me to join the team as their new International Rights Specialist.

    In this new role, I’ll handle MacGregor Literary’s international deals and enable our authors to maximize their income potential. The agency has wanted to expand its involvement in the international market for awhile, and I’m excited to be giving leadership to this endeavor. As I get things going, I’ll continue to serve as Chip’s assistant and pursue my own writing

    Continue Reading "Meet Shannon Potelicki"
  • March 14, 2012

    Meet Shannon Potelicki

    by

    Shannon

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    When I learned to write, I couldn’t stop. I became “The Weird Writer Girl.”

    I see now that this nickname was a commentary on my tendency to spend recess writing stories instead of playing on the monkey bars. Back then? That name meant I was a superhero—saving the world one handwritten (in pink crayon) Barbie play at a time. To my little brothers, however, it meant I was a supervillain—holding them against their will to provide the voices for the boy dolls. Superhero or not, I decided that I was going to spend the rest of my life mastering the power of words.

    With that resolve, I didn’t shock anyone when it came time to pick a college. I chose Taylor University’s acclaimed Professional Writing program. I graduated after earning the Jerry B. Jenkins Annual Writing Scholarship, having my byline published in a variety of magazines and newspapers, and completing an editorial internship with Focus's book publishing department.

    I’ve continued to pursue a career as a writer since graduation. My projects have included ghostwriting, writing marketing and donor relations copy, and freelancing articles for online and print publications.

    For the past several months, I’ve also been serving as Chip’s assistant—going through the slush pile, helping out with research, and handling other small projects. It’s been a pleasure to work with the MacGregor Literary agents, and (now that I’ve gotten the hang of things) they’ve asked me to join the team as their new International Rights Specialist.

    In this new role, I’ll handle MacGregor Literary’s international deals and enable our authors to maximize their income potential. The agency has wanted to expand its involvement in the international market for awhile, and I’m excited to be giving leadership to this endeavor. As I get things going, I’ll continue to serve as Chip’s assistant and pursue my own writing

    Continue Reading "Meet Shannon Potelicki"
  • 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,

    Continue Reading "More on how an author negotiates a book contract…"