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The Steve Laube Agency

The Steve Laube Agency

Helping to Change the World Word by Word

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Home » Book Business » Page 3

Book Business

D Is for Dispute Resolution

By Steve Laubeon February 21, 2022
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Pray that it never happens to you. But if there is a situation where you find yourself in a legal battle with your publisher regarding your book contract, there are terms that will dictate how that disagreement is handled.

Here is one version from an old contract:

Any claim or dispute arising from or related to this Agreement shall be settled by mediation and, if necessary, legally binding arbitration in accordance with the rules of a mutually agreed upon alternative dispute resolution service. Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. The parties agree that these methods shall be the sole remedy for any controversy or claim arising out of this Agreement and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision.

Regardless of the place of its physical execution, this contract shall be interpreted under the laws of the State of XXXXXXXXXX and of the United States of America.

If you read this carefully, you’ll see it lays out the rules that keep a dispute out of the court system and forces the two parties to use binding arbitration instead.

Also note the second paragraph that dictates which state laws apply. We once had a publisher contract that had the laws of another country as the basis for the law. (It was a mistake by the publisher, a leftover from a previous contract they had reused.) The location for the state law is usually the location of the company that issues the contract, and is often nonnegotiable. Some contracts also dictate where arbitration will occur.

I’ve read stories of authors who got into a dispute and yet they had signed a contract that prevented them from pursuing legal options. Note that arbitration isn’t a bad thing, so don’t misunderstand this example as being something terrible.

If your contract does not have a dispute resolution clause, I’d recommend you have one inserted–just in case. A contract is there to determine the responsibility of each party; otherwise it is a form of a handshake, which can cause problems. (See this story of a handshake gone bad.)

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Category: Book Business, Contracts, Publishing A-ZTag: Book Business, Contracts, Disputes

A Is for Advance

By Steve Laubeon November 22, 2021
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by Steve Laube

Whenever I lecture about money the room becomes unusually quiet. Instead of a common restlessness from listeners there is a thrumming impatience to reveal the punch line. The punch line that declares every writer will be rich.

Now that I have our attention let’s turn to the topic of the day. The Advance. This is defined as the money a publisher pays to the author in …

Read moreA Is for Advance
Category: Agency, Book Business, Publishing A-ZTag: advances, Book Business, Publishing A-Z

What to Do About Morals?

By Steve Laubeon November 8, 2021
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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 …

Read moreWhat to Do About Morals?
Category: Book Business, Contracts, Legal IssuesTag: Book Business, Contracts, Legal Issues

Always Be Curious (The ABCs of the Writing Life)

By Steve Laubeon October 4, 2021
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by Steve Laube

Depending on where you live and your school district policies you may already be in a back-to-school mode or preparing for it.

It got me to thinking about the need for all writers to always have a "back to school" mentality.

Here are five things we can learn from always going "back to school."

Read moreAlways Be Curious (The ABCs of the Writing Life)
Category: Book Business, Steve, Writing CraftTag: Book Business, Creativity, Writing Craft

Ten Commandments for Working with Your Agent

By Steve Laubeon November 9, 2020
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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. Thou shalt not get whipped into a frenzy by the industry rumor mill fomented by the Internet. Asketh thy agent if what you’ve heard is true. Thou shalt not covet thy neighbor’s success. Be content with …

Read moreTen Commandments for Working with Your Agent
Category: Agency, Book Business, Get PublishedTag: Book Business, Contracts, Copyright, Facebook, Get Published, Internet Usage, Marketing

Responding to Criticism

By Tamela Hancock Murrayon June 18, 2020
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When someone tells me she’s not sure she wants me to read her manuscript, I know she’s not ready for publication. Such sentiment shows a lack of confidence and a fear of both rejection and criticism. Even though readers usually treat writers with respect, a critical word can puncture the heart.

Imagine the wounds delivered on Internet sites such as Amazon from readers who lack that respect. A …

Read moreResponding to Criticism
Category: Book Business, Career, Social Media, The Writing Life, Writing CraftTag: Book Business, Criticism, Rejection, Writing Craft

Three Questions About Agents

By Tamela Hancock Murrayon May 7, 2020
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In meeting with writers on the cusp of their careers or flush with new success, we find that three big questions come to the forefront. Today, Tamela shares her answers:

How do I find a literary agent?
1)      First and foremost, visit the Agency web sites to see which ones are actively seeking the type of work you write.
2)      Talk to your agented friends to learn about their agents. …

Read moreThree Questions About Agents
Category: Agency, Agents, Book Business, Get PublishedTag: Agents, Book Business, Pitching, Proposals, Tamela

How Do You Measure Success?

By Steve Laubeon December 9, 2019
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by Steve Laube

A few years ago while talking to some editors they described an author who was never satisfied (not revealing the name of course). It this author's latest book had sold 50,000 copies the author wondered why the publisher didn't sell 60,000. And if it sold 60,000 why didn't it sell 75,000? The author was constantly pushing for "more" and was incapable of celebrating any measure of …

Read moreHow Do You Measure Success?
Category: Book Business, Career, TrendsTag: Book Business, Career, Money, Success

Always Be Learning

By Steve Laubeon October 7, 2019
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During the Summer of 1978 the #1 hit on Christian radio was the classic “He’s Alive” by Don Francisco (click here to listen). That same Summer I attended a Christian music festival in Estes Park, Colorado and decided to take a class on songwriting being taught by Jimmy and Carol Owens. I settled into my chair near the back of the room with notepad ready.

Just as the class was about to start a …

Read moreAlways Be Learning
Category: Conferences, Get Published, The Writing Life, Writing CraftTag: Book Business, Conferences, Craft, Get Published, Writing Craft

Four Questions About Publicity

By Steve Laubeon July 29, 2019
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by Steve Laube

Publicity is the art of telling the world about you and your book. We recently received a few questions about publicity via the green button you see in the right hand column of our blog (yes, it really works).

1.) When should a writer hire a publicist?
I think an author should wait to see what their publisher will provide in this area. If you do hire a publicist make sure …

Read moreFour Questions About Publicity
Category: Marketing, The Publishing Life, The Writing LifeTag: Book Business, Marketing, Publicity
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