Tag Archive - Business

Tell No Secrets

February 22, 2011 in Business, Publishing with 8 Comments

How much should author friends reveal to each other about contracts or other business dealings when they have business with the same publisher?

I think it is a huge mistake to reveal the amount of your advances to other authors. This is similar to finding out the salary of the co-worker in the office cubicle next to yours. When I was a retail store manager we had major problems when salaries were revealed, a near fist-fight between two people who had been friends.

Money is viewed as a measure of worth; i.e. a measure of the worthiness of your work. Consequently if you contract for a $5,000 advance with AlphaGammaDelta publisher and a month later, your best writing friend, who is at the same stage in her career as you are, contracts for a $8,000 advance with the same publisher for a similar project…what is your reaction? Sure, at first, it is excitement and joy for your friend. But later, in private, you will naturally begin to wonder about your publisher’s commitment to you. You think, “They must like Sally better than me!” Jealousy and bitterness can set in.

I’m not saying that this will happen to you, but I caution you with every ounce of my being, be very careful about ever revealing monetary details of a book contract with anyone. It can become a form of gossip that does no one any good. I know of an e-mail trail among authors that was very free with this kind of information and consequently there is tension towards a particular publisher for not paying everyone the same. This is unreasonable and unfair…and doesn’t help anyone.

In my years as an editor and now as an agent I’ve seen contracts land all over the board. The timing of a publisher’s economic situation and certain management directives can change quarterly (even weekly!). The relationship the author has with the publisher, the relationship the agent has with the publisher, the perception of value that the publisher has of a project…They all influence each situation uniquely.

But we tend to compare contracts as if all contracts are equal. Trust me, they are not.

Of course I’m speaking specifically about contracts here. There are professional people who can help you determine if your deal is a good one. Or you can simply trust your agent….!!!

Promotion: Faithful or Self-full?

February 1, 2011 in Marketing, Publishing with 10 Comments

“What’s the difference between promotion and self-promotion? How do we promote ourselves/our books so that we honor God, respect others, and use common sense?”

The constant tension between marketing and ministry has plagued the Christian author, speaker, bookseller and publisher forever. Why? Because Jesus threw the money changers out of the temple. Because we are commanded to die to self and to humble ourselves in the sight of the Lord….

And yet, our society…our culture insists, even demands, that we market and promote our message.

Hanging on my office wall is the following saying from Ignatius Loyola:

Work as if everything depends on you.
Pray as if everything depends on God.

And another one is from James 5:16:
…the effectual fervent prayer of a righteous man availeth much.

Maybe that is the beginning of the balance. People in business, not just publishing, must work hard and make every effort to excel in their field of expertise. We never question a bank needing to marketing their wares, but if a “Christian” bank were to do so the critics would surge with vitriol. The principles of a successful business come into play with regard to our profession. We are in the “business” of communicating the message of redemption to a world that doesn’t read. Thus we are called to excellence in our craft for we have a message that can change lives. If we do not make every effort to be an “evangelist” (see marketer) of that message, the message will likely not be read or heard, and thus ministry would rarely occur.

Even the Mother Teresas, Thomas Mertons, Richard Fosters, John Eldreges, and Henri Nouwens of the world were “out there” in the public eye. They had a message of change that they were called to deliver. Thus they took the speaking engagements, they worked with their publishers in publicity, and they wrote absolutely stellar books that nearly sold themselves. Our challenge is to avoid the “Publican” attitudes of “I”, “Me”, and “My”. Instead we should strive to incorporate the “Us”, “Our”, and “We”.

How do you keep your balance?

What to do about Morals?

January 19, 2011 in Business, Contracts with 7 Comments

In a post written last weekend Richard Curtis, agent extraordinaire, expressed surprise at a new morality clause that has apparently appeared in HarperCollins’ contracts. Read his post here [warning: there is some Adult content and comments included in the post].

What the general market doesn’t realize is that many Faith-based publishers have had a “moral turpitude” clause in their contracts for a long time. Moral turpitude is well defined in this post on Wikipedia. It is understood in the legal community as actions or activities that can get you fired from your job, deported if you are a foreigner in this country on a Visa, or have your contract cancelled if you are an author.

Here is a typical version of the clause found in many of the contracts our agency negotiates:

MORAL TURPITUDE. In the event Author is publicly accused of an act of moral turpitude (substantiated by the preponderance of evidence, a court decision, or Author’s own admission), a violation of any Federal law or any other conduct which subjects or could be reasonably anticipated to subject Author or Publisher to public ridicule, contempt, scorn, hatred or censure, or could materially diminish the potential sales of the Work, Publisher will have the right to terminate this Agreement upon written notice to Author of the public disclosure of such conduct or alleged conduct.  In the event of such termination of this Agreement, Publisher will have the right to demand from Author and receive payment within thirty (30) days of the demand, a sum equal to all advances paid to Author under terms of this Agreement that have not been recouped by Publisher prior to said termination.  Upon such payment all rights granted to Publisher in the Work will terminate and vest exclusively in Author, provided that Publisher will have the right to sell or otherwise dispose of all remaining copies of the Work in any manner Publisher deems appropriate.

I do not begrudge a publisher for including this clause in a contract. It makes perfect sense. There any many cases, and a few currently pending, where a very public Christian figure has had to step down for immoral behavior. When that happens, the publisher is left holding a bag full of books and no place to sell them. (Conversely, a few agents have jokingly asked why there isn’t a moral turpitude clause that applies the same standards for the Publisher!)

Recently we did a contract with two co-authors. This moral turpitude clause had to be carefully written so that if one of the authors went off the rails the co-author would not be held liable for those actions.

The bottom line is “Don’t do bad things!” and then you won’t ever have to worry about a clause like this being misinterpreted or misapplied.

Update 01/20/11: Ursula LeGuin, author of some legendary science fiction and fantasy, posted a riff satirizing the morality clause in the HarperCollins contract. Read her article called, “A Riff on the Harper Contract.”

Checked Your Copyright Lately?

January 14, 2011 in Copyright, Publishing with 0 Comments

Have you checked your copyright lately? I mean, have you actually gone to the US Copyright Office web site and searched for your registration? You might be surprised at what you won’t find. Here is the link to start your search.

Most publishing contracts have a clause that requires the publisher to register the copyright, in the name of the author, with the US Copyright Office. This is supposed to be done as part of the in-house paperwork process.

If you do not find your book, don’t panic.

I repeat.  If you do not find your book title, don’t panic. They copyright law is very specific that your work is still protected by the law. However, having it officially registered guarantees your protection. If someone steals your story, your characters, etc. you have to be able to prove when you wrote it originally. That provenance is the key to your protection of your intellectual property.

If you are a published author and you do not find your work registered, contact your publisher in a very kind fashion and request that they comply with the requirements of your contract on this issue. Some may even have a copy of the certificate of registration on file that they can send you.

Don’t assume, if you can’t find it online, that your publisher failed. It may be that you didn’t do the search correctly (never underestimate the power of user-error). Or maybe the title or your name was misspelled in the registration process. That is why it is important to stay calm and make a reasonable request for help from your publisher. Your agent cannot do this for you since you are the copyright holder, the agent is not.

So, if copyright is automatic upon creation, then why check for your registration? The government’s site has some great answers to that question:

  • Copyright registration establishes a public record of the copyright claim.
  • Before an infringement suit may be filed in court, copyright registration is necessary for works of U.S. origin.
  • If made before or within five years of publication, copyright registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
  • If copyright registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
  • Copyright registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies.

In the past I made the mistake of saying that you can just mail yourself a copy of your manuscript (and not open it) to let the postmark be “evidence” of the date of creation. This is also known as “poor man’s copyright.” Unfortunately there is nothing in the law that says this is sufficient. Use their online registration service and pay the $35 fee if you wish to register your material yourself.

What was on Your Bestseller List?

January 11, 2011 in Trends with 6 Comments

What was the bestselling novel or non-fiction book the week you were born? Follow this link to a delightful search engine on Biblioz, an Australian company. Make sure you type the date first (not the month).

It is a bit startling to see how fleeting the popularity of books can be. They were the most popular in the country at the time! But I have to admit that I don’t recognize most of the novelists.

My #1 novel was Anatomy of a Murder by Robert Traver.

My #1 non-fiction was Masters of Deceit by J. Edgar Hoover.

What was the bestselling book on your birth date?

Now check out the titles for your children’s birth dates. Here are the #1′s for our kids:

Fiction:
The Man from St. Petersburg – Ken Follet
If Tomorrow Never Comes – Sydney Sheldon
Zoya – Danielle Steel

Non-fiction:
Living, Loving, and Learning – Leo Buscaglia
Iacocca: An Autobiography – Lee Iacocca
Moonwalk – Michael Jackson

HT: GalleyCat

All About E

December 17, 2010 in Business, E-Books, Publishing with 3 Comments

This was the year of the E word. “E-Books.” The topic replaced the other “e” word…the Economy…as the number one topic among authors, editors, publishers and agents. And the news media reported every nuance with breathless excitement. The iPad, the iPhone4,  the Droid, the avalanche of tablets, the Kindle, the Nook, and a deluge of e-reading devices, all commanded our time and attention.

But the story is not over. In fact 2011 promises to continue this conversation as our industry writhes in chronic pain from its various twists and turns.

Two articles that you should read to help with some year end thoughts….

First, from Dominique Raccah, the CEO of Sourcebooks, very openly talking about the mistakes they made in trying to do a one-day e-book promotional giveaway of their Jane Austen books.  This is evidence of the veritable labyrinth called the e-book marketing and sales world.

I’ve heard authors express their misunderstanding of publishing by saying, “But e-books are easy to sell. Just make the conversion and put it up on Amazon!” But  this CEO’s article should divest you of that thought.

This past Summer I sat through a two hour presentation from Hachette regarding their Digital initiatives. I came away discovering that it is far more complex than I ever realized. And came away very glad that publishers were working hard to maximize both revenue and opportunities for my clients.

Second is an article that will be published in Sunday’s LA Times but the online version released today.  In it David Ulin claims that “E-books are Good News for the Literary World.” Here is a key quote:

The issue is not what we read on, just as the issue is not what we read. The issue is that we read, that we continue to interact with long-form writing; by altering the conditions of the conversation, e-books and e-readers have already served an essential purpose.

Well said. Note that in the article he admits to rarely using e-readers, but that he appreciates and accepts their use.

Thus 2010 added a new letter to our vocabulary. Instead of just the three Rs (readin’, writin’, and ‘rithmatic) we have added an “E.”  Bu wouldn’t that make it ER? (an unfortunately pairing of letters when applied to the state of publishing).

E-Book Buyers Buy More Books

November 18, 2010 in Business, E-Books, Trends with 15 Comments

New research by the Book Industry Study Group (BISG) has made some interesting discoveries.

  • E-book consumers say they are buying more books overall, but fewer in print, and are decreasing their total dollars spent
  • More than 40% of e-book readers have reduced the number and dollars spent on hardcovers and paperbacks.
  • Retailers are becoming more important than publishers as a source of information about e-books.
  • General fiction and mysteries are the fastest-growing e-book genres.
  • More respondents received e-readers as gifts than bought them for themselves.
  • Respondents who bought devices for themselves most often were motivated by suggestions from friends.
  • The iPad has only a marginal impact on the popularity of the Kindle and Nook.
  • Heavy to moderate book buyers want e-devices that don’t have a lot of other options.
  • The iPad may bring new and light e-book buyers into the market.

The full November 17, 2010 BISG press release can be found here.

It will be very interesting to read their findings a year from now. In the next year we will see a veritable flood of “Tablet” devices and more dedicated E-Readers. Plus it is highly likely there will be an iPad 2.0.

I carry my Kindle when traveling and really appreciate the convenience. Transferring documents via wi-fi makes it ideal. I’ve even uploaded all of my speeches and teaching notes, just in case I forget to bring the correct file folder…a backup. In addition I’ve stopped traveling with a laptop. My Droid smartphone provides access to everything I need (in most cases). And now Carbonite (www.carbonite.com) allows for remote access to any files backed up on the office computer, so any file can be retrieved at any time, anywhere. My oldest brother, on the other hand, loves his iPad.

Do you have a e-reader device, other than a smart phone or a laptop? If so, which one, and how do you use it?

The Slush Pile: Enter at Your Own Risk

October 14, 2010 in Agency, Book Proposals, Book Review, Business, Publishing, Writing with 32 Comments


Click the picture to read the caption www.101reasonstostopwriting.com

The publishing world is divided between those who have read the slush pile and those who have not. If you have, then you can understand some of the cynicism and jaded eyes you see behind the glasses of an editor or an agent.

If you have not, then it is difficult to comprehend the unbelievable variety of ideas that can cross our desks. Let me provide you with some recent examples but with a huge caveat. I am not mocking these writers. I’m using them, as a teacher would, as an example of what not to send to an agent. I don’t doubt the sincerity of the writers who create these ideas. In fact I’m impressed with anyone willing to put their ideas out on display. I’m not sure I could ever have that much self-confidence in my own work. I only wish some would spend a little more time to determine if their project is a good fit for a particular agency and learn how to best write a quality pitch (and not overstate their case).

So, with that disclaimer in place…..

  • A proposal for a book of poems to read to your dog. The book will “help dogs feel more loved and more understood.”
  • A phone call from a fellow who wants an agent for his novel, his screenplay, and his non-fiction books. He said I had to go to his site to see what he had to offer, I replied that I prefer he go to mine first and follow the guidelines. We agreed to disagree…  Afterwards, out of curiosity, I visited the site and discovered conspiracy theory material and advocacy for the legalization of marijuana.
  • Cover letter proclaims that the book’s, “… real author is the Holy Spirit… The book could come next to the Holy Scripture in terms of divine authorship.”
  • A novel that is “made up of multiple lessons and experiences…layer upon layer of actions, emotions and moments…woven together to create an indelible legacy…” (in a long run-on sentence.)
  • A non-fiction study revealing that Moses was Satan in disguise. According to the author, Moses was “the worst serial killer in recorded history.”
  • A letter addressed to The Steve Laub Agency (misspelled my last name)…and then the salutation of the letter began: Dear Mr. Fugate
  • A book titled Cosmic [expletive deleted] described that it “has the audacity to speak the truth. It says, ignore all the [expletive deleted] , believe in your dreams and do what you love– it WILL work out! It is as fearless and fun as it is comforting and inspirational.”
  • A book with a subtitle: Actual Raw Photography of Fairies, Gnomes and More
  • Opening line from a query letter: “Imagine a combination of a romance by Danielle Steele, an epic novel by Barbara Taylor Bradford, and an action novel by Nelson DeMille.”
  • An email that reads in its entirety: “I got your email from your website. I have finished a book and am looking for publishing. I can be reached on email as well. Thank you so much.”
  • In the body of a query letter: “Not since the LEFT BEHIND series has the subject of Christ’s Second Coming been so engagingly addressed.  Not since THE SHACK have spiritual themes been so articulately conveyed.”
  • Letter begins with, “Before my first psychotic break….”
  • Book “based on true experiences” with a subtitle of “Eye floaters as shining structure of consciousness.”

There you have it. A sample of some of the more exotic pieces that have recently crossed my desk.

[UPDATE: Three hours after posting this blog I received a phone call that would have made it on the list if it had come earlier. Person on the phone wonders if we represent memoirs. Why? Because this one is special, caller claims, because caller believes that he/she is the actual person/woman found in Revelation chapter 12. This new development has brought understanding to the caller's experiences with UFOs...and the caller's UFO support group concurs.]

Read these excellent articles about “The Slush Pile”

Laura Miller “When Anyone Can be a Published Author” – Salon Magazine
Rachelle Gardner “Why Oh Why Did I Get Rejected?”
Rachel Funari “Escaping the Slush Pile”
Katherine Rosman “The Death of the Slush Pile”
The Rejectionist “A Good Author is Hard to Find”

Six Questions for an Agent

October 5, 2010 in Agency, Business with 4 Comments

1. What should a client expect from you as an agent?

  • That I will work hard.
  • That I will keep on top of the ever changing marketplace.
  • That I will maintain my integrity as a businessman of honor and honesty.
  • That I will protect your interests.
  • That I will tell you the truth, about the industry, about your writing, about your ideas.

2. What would you expect from a client of yours?

  • Work hard.
  • Measure expectations against reality.
  • Attempt to understand the publishing process.
  • Develop a thick skin.
  • Learn patience.

3. What will you NOT do as their agent?

I won’t lend you money. :-)
I won’t lie or cheat for you.

4. In today’s economy, how difficult is it for a writer to succeed without an agent? Do you think every writer needs an agent?

Without question. The industry is a labyrinth of nuances. If you try to go it alone it is likely you will be sorry for signing a document or partnering with the wrong publisher. One agent friend of mine likes to put it this way, “They are taking a chance at getting hosed.”

5. What is a newbie’s chance of getting you as an agent? What are you looking for?

Blow me away with an amazing novel or develop a platform that will make a publisher’s eyes water. Then you’ve got a fighting chance.

6. What should a writer send you for your consideration of them as a client?

PLEASE follow the guidelines on our web site. They are there for a reason. Break those guidelines with impunity and all you’ll do is annoy me. Would you work with someone who annoys you?
(Just remember they are guidelines, not rules.)

The above six questions were asked by Rebecca Barlow Jordan, one of my clients, for her blog. I asked if I could repeat the exchange here since it works as a follow up to last week’s Ten Commandments post.

Ten Commandments for Working with Your Agent

September 24, 2010 in Agency, Business, Publishing with 36 Comments

By request, here are my Ten Commandments for working with your agent. Break them at your own peril. Thou shalt vent only to thine agent and never directly to thy publisher or editor.

  1. Thou shalt not get whipped into a frenzy by the rumor mill fomented by internet loops, groups, Facebook, or blogs.
  2. Thou shalt not covet thy neighbor’s success. Be content with thine own contract.
  3. If thou hast a dispute with thine agent thou shalt talk to thy agent and seekest resolution. Jumping ship for no good reason is unprofessional…and agents talketh to each other.
  4. Thou shalt consider thy deadlines as sacrosanct. Thy hand signeth the contract, therefore thou art obligated. Thou shalt not expect thy agent to miraculously create extra time, at the last minute.
  5. Respecteth the boundaries of the communication relationship with thy agent. Do not risketh being classified as a spammer or high maintenance by thy agent.
  6. Thou shalt be reasonable and balanced with regard to Facebook, Twitter, blogging, or blogs. Thou art a writer….not a teenager. (Thy social networking and Internet writing shouldeth be related to marketing efforts or to increasing thy platform and readership.) Remembereth…every word written on Facebook is a word not written on thy manuscript. [This commandment was revised on 9/25/10  in response to visceral reactions both public and private. I previously stated that a writer should spend no more than an hour a week with social networking and blogs. Boy did I touch a nerve!]
  7. Keepeth it all in perspective. Selling only eight thousand books still meaneth 8,000 people have “bought a ticket” to read thy work. That crowd would filleth a basketball arena.
  8. Remember thy calling to be a writer and keep it holy. You are in the business of changing the world word by word. Everything else is secondary.
  9. Thou shall rise and call thy agent blessed. (and send chocolates at Christmas and cash on birthdays…)
  10. If thou dost not have an agent, do not passeth “Go.” Instead grabbeth one and bringeth said agent into thy camp ASAP. This industry is a labyrinth and thou shalt someday discover thou needest one, and then it shall be too late. Real life examples available upon request.

__________
Permission is granted to use this in your own bog or web site, as long as you include the following copyright notice:
© 2010 Steve Laube of The Steve Laube Agency (www.stevelaube.com)

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