*Sorry about this, most of the post seems to have got cut SOMEHOW when this first went up. So, let's do this properly this time.*
Partly because I wasn’t sure what to write about, and partly because I think we keep trying to do articles on specialized points while there is a vast under-store of ignorance there that we aren’t even scratching, (mostly because today I got yet another nice email from a nice young man asking me to help him get published) I figured I’d ask my fans what I should be answering.
However, a funny thing happened on the way to certainties. I find that in casting my eyes over most of the entries, most of them are things I’d have answered unwaveringly a year or two ago but of whose answer I’m not absolutely sure now. Because ebooks are changing the way business is done, I can give you the “official” – i.e. this is how I did it/would have done it till recently – answer, then the answer I SUSPECT is true now. The caveat for those is please remember I broke in THIRTEEN years ago, and the new realities of the market are not something I’ve experienced first hand. I might know a little more than you, but only because I read blogs and listen to friends. I don’t know for sure.
I’ll use the questioner’s name for the question, then OA for official Answer then BG for Best Guess.
SS:To agent, or not to agent? And, if yes, *how* to agent?
What the heck is a "query", and how does one go about concocting such a beastie?
OA: You have to have an agent to get published with a big publishing house. I suggest writing a query for your best novel (no one agents short stories). Then ask published writers for recommendations to agents and/or snoop on authors blogs to figure out who their agents are. Read the agents’ descriptions for fit with your work. Before sending queries to your picked ten or so, check preditors and editors to make sure you didn’t pick skunks. Send out. If one replies, then send out whatever they ask for, no more no less. Do not send out proposals or manuscripts to more than one agent at once. Wait for an answer. If the agent offers to represent you, watch very carefully to see how enthusiastic they are. You want an agent who LOVES your work.
A Query is a lot like the blurb in the back of a book, with a difference, you actually tell the agent/editor how it ends.
BG: Someone I respect greatly in the field just said it’s stupid to have an agent these days, that in the current publishing climate an agent gets you nothing. I don’t fully understand her angle unless she’s counting out all of big publishing, but she’s not the first much-more-established-writer than I that I heard it from, and when she says stuff like that, I wonder.
JD: Contracts: What’s fair? What’s a Trap? How far to trust your agent?
OA: At the most basic, contracts should establish that money flows to the writer. Anything requiring you to pay is unacceptable. Beyond that, there are many things that are traps, things that you should be able to figure out with common sense: contracts that get the rights to all your characters, or where you transfer copyright to the publisher. (This might be all right for SOME short stories, like using other people’s characters per invite. NEVER for a novel, unless it’s a media tie-in.) Other clauses to watch for will say things like, you can’t work for anyone else until your story is PUBLISHED. Since you can’t control the date of publication this could tie you up forever. Sometimes they just say you can’t work for anyone else period. Anything like that, run very fast. And if your agent tells you it’s okay, run from agent, too.
CDC: Keeping track of query letter and sent manuscript submissions and responses.
OA: I haven’t done this in very, very long. It’s far more important for short stories, when it climbs into the dozens. But I suggest a spreadsheet program, or else one of many specialized programs available. I’m blanking on names, can someone in the audience help. I’m thinking of Write Again. Not sure if that’s true.
MB: Alpha readers, beta readers, writing groups, and all that. I just had someone fretting about "losing their ideas" if they participate in a writing group -- I told them they were more likely to never find their ideas if they didn't participate. But... there's that running fear that somehow talking to people will ruin you, somehow?
OA: You need reality checkers. I’ve covered writing groups in several columns, and the importance of finding a writer group that works for you. If a writer group isn’t doable, at least find two critique partners you can trust and trade manuscripts.
No, you’re not going to have your ideas stolen. And no, no one can change your writing style, or at least not permanently. It is human to influence each other, but life also influences you. To grow you have to change and you don’t live in an hermetically sealed bag.
SS: In the absence of a co-conspirator with remarkably pointy shoes, how to recognize when one has reached the point of "polishing the cannonball", as we called it in the Navy, and firing off a submission rather than endlessly re-reading and re-revising ...
OA: Ah. I do this too and I went through long years without co-conspirators. It’s hard. My advice is that when you feel like you’re adding more errors than you’re removing (you find the subplot you just added in doesn’t mesh with an earlier one, for instance) or when you feel you’re being particularly clever (no, seriously, this is usually a symptom) or when you go above 200k words, it’s time to let go. Otherwise, establish an arbitrary number of passes, say, five. After five passes it leaves the house. (I can only do three or I kitchen sink it – I throw in EVERYTHING plus the kitchen sink.)
BG: If you’re going to self-publish as is an option this day, hire a trusted copy editor. I don’t care how good you are, you’ll drive yourself insane proofing and stuff will still escape you.
OP: As a former wannabe writer, I'm more interested in the business aspects. They are more relevant to my life. Your opinion of the right mix between paid writing and freebies that hook people in, for example.
OA: in general business “coverage” – I was told that you should quit your day job when you were selling fifty percent of everything you sent out. I’ve been there for years but if I had a day job I wouldn’t quit it. I’d guess right now, with the uncertainty, you’d have to be closer to eighty percent. Also, I would advise something I’m just now implementing: have multiple income streams, say novels and short stories and articles and whatever else you can get. If one of them can be regular pay, like a paid blog, that will give you some security. As for mix between paid and free – the freebies I give away that are fiction are usually already-published things. There’s also blogging and mine for my three base blogs (my own, my group blog and the other group blog) are still mostly free, but I’m starting to branch out into paid blog articles. Look, you need the exposure, it’s all there is to it, but if you find it taking most or even half of your time, you’ll have to cut back. Only you can find your balance.
EM – ebooks. Are ebooks merely paper books transformed to electrons? (like the early TV shows were just televised plays) or is there more potential in this medium? Hyperlinks, embedded video, embed sound effects,.....what else?
BG: I don’t know. I find that a book is a book is a book. Once you put in hyperlinks and embedded video, you’re running the risk of people not coming back to the story. Maybe my opinion is influenced by all those examples I’ve seen of this sucking badly. However, I still think a book is a book. But things that can improve the book while just a book are available in e – like the ability to search for a character name/word. That can really help when you want to go back and check on something.
SB – How about baby steps for the very beginning writer, such as how to find someone who can say "you've got potential" or " was that suppose to read like bad Twain?"
OA: I find that “potential” or “talent” is one of the worst lies writers buy into. We have a great desire to write and we want to believe it’s somehow meant to be. Look, the only thing I’ve found “natural talent” or “potential” good for is to give you some things “for free.” In my case it’s characters. I understand Dave Freer got plot for free. The rest we had to work for. What most laymen will tell you is that “you have potential” based on LANGUAGE. Language is easy. It’s the story telling that’s difficult. I am telling you now that if you really want to write, and are willing to study how to, including grammar and expression, you have enough talent. How to find critiquers, OTOH is a problem. Ask at your local library if there’s a writers’ group and then screen them for experience, right field, etc. Alternately, grab a few friends you know are readers and make them read your stuff. (Paying in chocolate works!) This has the advantage that you presumably know your friends’ idiosyncracies.
AKD: Years ago, I had an agent who convinced me to write a truly appalling cover letter cum proposal letter (yes, same document). Which was mailed to every publisher in the world, and was rejected. I parted ways with the agent, but I still have great faith in the series that was rejected. However, I can't even bring myself to do anything with it, because I'm convinced that it was so appallingly presented that my letter is still be laughed about in the publishers' offices. Should I just kill the whole idea? Change my name?
Okay. Breathe. First of all 99% of the submissions or queries sent in by a low-status agent don’t even get read. I’m assuming this was not an A lister with offices in NYC, so, chances of it having been read at all are zero. Second, even if it was read, if you got back a standard rejection, it was read by an under-editor or an intern. These stay at the houses a maximum of a year, according to my experience. The chances of anyone now at publishing offices knowing or remembering this letter are zero. Honestly, if you’d done slush, you’d realize what it takes to be memorable in the bad category: death threats, live animals, body parts and nude pictures MIGHT do it. A bad query is as unmemorable as a oh, hum face in a crowd. Don’t change your name. Don’t kill the idea. Just send it out again
BG: or, alternately, publish it yourself on Kindle. *At this point, for certain genres this might be a better way to break in.*
RE: not just tell, SHOW it, if he's a nose picker have him do it in a scene where it's funny or inappropriate while being given instructions or mission orders and all he can think about (along with the reader) is where to put the booger.
OA: Okay, this was part of a longer ramble on a different suggestion for another post, I know, but I MUST insist RE go on over to my blog and read the post called Ick. This is an example of something memorable to have the character do that... serves no purpose and makes me instantly go “ick” and fling the book away. Unless you’re writing “gross out horror” for which the market is very limited, you can’t get away with having the VILLAIN do this, much less the hero. Remember your character is supposed to be someone we want to spend time with (if only to see him coming to a bad end.) Evil might fascinate. Gross will just make us look away.
*Crossposted at According To Hoyt*
Showing posts with label business. Show all posts
Showing posts with label business. Show all posts
Wednesday, April 27, 2011
Wednesday, November 24, 2010
The A’tist and the Businessman

Periodically people – on facebook, via email, through my site – try to get me to read their manuscripts. Unless they are friends or I know that what they really want is an honest critique, I do not give it. This is difficult, because some of these people are quite, quite, quite persistent and keep coming back with “but I’m sure you’ll love it if you just read it.”
I’m not saying that they’re wrong. For all I know, most of them or a significant portion of them are right and their manuscripts would absolutely knock my socks off, set my world afire or rock my aesthetic perceptions.
I’ve long ago learned not to judge how good someone’s work will be by whether or not they’re published. Being published involves all sorts of other qualities/events than being a very good writer. For example, one of my best friends was writing much better than I was – or probably ever will – when she was completely unpublished and is still doing so now, when she’s only published short stories and I’ve published several novels. Her novels keep getting rejected, though. Another of my best friends writes so much like me that my own husband can’t tell our work apart. She’s published almost nothing compared to me.
So these strangers who absolutely want me to read their novel might be amazing writers, much better than what I can buy off the shelf. I’m still not going to read their work, because it wouldn’t do either of us any good. Note my examples above. These are people I like very much and on whom I depend as though they were family. They are still largely unpublished. Why? Because writers don’t have that kind of power. We can’t do the editor’s job for them. It’s not OUR job. We can at most – if we love something – recommend it to an editor/publisher/agent. I’ve now recommended my two friends a couple of times. They’ve been rejected. Mind you, they got the up close and personal rejection which means my view of their work is correct – they’re very good and publishable. But something about the work, something about the timing, something about the editor’s/agent’s taste keeps them from breaking in.
It might seem to you getting an author’s recommend, or a personal introduction gets you closer to the goal, at least, let me disabuse you of that notion. I have a lot of friends, many more – much, much more – successful than I am. Their attempts to give me a hand up have been about as successful as my attempts to get my friends published. Oh, it happens, once in a blue moon, that an author friend – and almost always these are close friends – will recommend you to his/her editor/agent/publisher and you’ll get a contract. However, just on percentage, it’s easier for you to go through the normal channels of submission. Discovery sounds glamorous, but it’s harder than normal acceptance.
Of course, some more creative souls do stranger things, like post samples of their work on my blog comments, my facebook wall or – and this is very creative indeed – send it to my agent/editor with a note that I recommended it.
The first two are at best annoyances. Look, yeah, I have a few editors/agents who, sporadically, read my postings. They do this because we’re friends outside of “work” and like to joke or tease me about stuff I post. They do not do this to find “the next best thing.” To be blunt, most of them get quite enough submissions to read during their normal work time. In fact, reading submissions is the chore that never ends. They get submissions through the normal channels, they get work from writers they met at cons and social occasions, and they get submissions from people (not always writers) who recommend friends and co-workers. And this is work for them. No matter how much they love reading, no matter how much they tell you, in interviews, that they love “discovering” new work, when they read submissions it’s in a different frame of mind than when blogging or reading blogs/facebook/twitter. TRUST me on this. I’ve edited in the past. When I read with an eye to what might be publishable/needed, it’s not the same as reading say Austen fandom, which I often do read.
I’m not saying they might not look at your work. I’m saying that after catching on it’s a “sneaky submission” slipped into their leisure time, they’re likely to be mad at you and, if I don’t take steps to delete it or dissociate myself from it, at me for ambushing them with work during their fun. Ambushing them in that way is as impolite as ambushing a doctor at a party and asking for a diagnosis. I don’t have numbers, but I’d bet you a lot of money that you stand a better chance of being ambushed by a meteor in a back alley than you have of selling a book this way.
In fact, some writers will block you/defriend you/shut you out for this sort of thing. I won’t, because I can understand where you’re coming from. (More on that later, as well.)
The third method – to send something to my editor or agent and telling them I recommended it when I didn’t – will get you defriended/blocked/shut out if I ever find out it happened, because frankly it could potentially affect my professional relationship. POTENTIALLY – as in, unlikely, but it could happen. The reason it’s unlikely to damage my professional credit is the same reason why this fraudulent action manages to be both dishonest and stupid.
The person who comes up with this brilliant idea doesn’t realize that there have been several people to try it before him/her and that therefore there are procedures in place to circumvent it. For instance, unless I send my agent or editor a letter asking “Would you like to see my friend’s...” and the editor or agent answers with “sure” any over the transom submission saying “Sarah A. Hoyt loves this” will be seen as a fraud. MOST of the time (exceptions made for writers’ group members I HAVE introduced to the editor and even those just in short stories, frankly) such letters from me to editor and answers are followed by MY sending the manuscript I’m recommending to the editor/agent, with a copy to the author, with whom future correspondence will take place.
What all three of these methods will do, in any case, is cause untold damage to YOUR reputation and your chances of publication – if they’re noticed. You should pray they aren’t. This is because the one thing the publishers fear is “the crazy”. “The crazy” might have been a perfectly normal person driven insane by the process of getting published and their fundamental misunderstanding of that process. Or they might be – and very often are – people who think of themselves as artists and tortured souls: people whose work doesn’t depend on excellent craft and practice, but on the bolt of lightening of inspiration or the touch of a god of some description. These people just KNOW they’re good. (A surprising number of them have ‘something’ – usually smothered under layers and layers of twitdom and lack of craft.)
For the Touched By The Gods Artist it’s hard to endure the fact that they have to go through the same selection process as common mugs. This is reinforced – for practically everyone – by
a) the fact our society’s method of educating the young gives everyone, even adults this bizarre idea everything is a class and has an exam/grade. So when your work is good enough and you’re still not getting bought it’s an “injustice”.
b) Stories of strange methods of discovering writers circulated around and highly publicized. I’ve heard these stories the same as everyone else has and I can tell you nine times out of then when you dig into them you find that they just ain’t so. There’s always something that’s not told, like that the new, amazing star happens to be the best friend of the editor’s boyfriend/girlfriend and that’s why their blog post got read. Or they went to school with the agent or the agent’s best friend. Or...
The stories of sudden discovery are just that – stories, which make for d*mn good publicity. But again, you stand a better chance of being snatched up by aliens to be their king.
The Artist doesn’t know this, or if he does, he thinks he deserves that almost-impossible chance. And that means, he tries creative methods. The other things that lie in his path should he not wise up are what will get him blacklisted at the first sign of “artistic temperament” – a lot of these tortured souls will make threats to published writers/agents/editors; they will act unhinged/aggressive at cons; they will at best be nuisances and at worst dangerous.
Worse yet, even if they don’t do any of those things, and manage to get published, they’re unlikely to be able to bear up under the slings and arrows of publishing fortunes. And if you want to know what I mean by that, let me just say I thought I was uniquely unlucky until – while siting with about twenty other writers, some of them bestsellers – we started comparing horror stories. And then I realized I’d practically been treated with kid gloves by lady luck.
As into every life a little rain must fall, into every writing career – even of those who will end up being bestsellers – a little sh*t happens must fall. And the sh*t includes but is not limited to: horrible covers, dropped publicity campaigns, completely failed early books, disaster doom and lack of sales. The people who go on to be bestsellers end up shouldering these issues, and forging ahead – not matter how much more difficult the road has become.
This is why the best and fastest way to get published is to play by the rules. This shows an even temperament, understanding of the field, and taking a realistic attitude towards the BUSINESS of publishing. It means you have a better chance of persevering, working hard and not causing trouble – all excellent qualities in a contractor, which is what the publisher/editor is looking for.
Nowadays, I agree the process of submission is a mess. I’m not going to advise you on that beyond the barest level: find editors/agents who take slush submissions, or find an agent and leave the process to them. Or if you’re absolutely sure you’re not a twit but a real writer, publish your own work, publicize heaven out of it and sell enough to then submit to a real house. All of these methods have been proven to work, as has climbing the ranks from small press to major publisher.
Things that will help your path will be attending cons and both making personal acquaintances in publishing (always showing yourself polite and professional, of course), reading in the field to know what people are looking for/like, and – needless to say – work at perfecting your craft, because the great idea must be married to great execution to work.
And then... keep at it. In my experience, a good publishing career depends on – preparation, persistence and professionalism. Luck helps, but it’s neither indispensable nor all important. And notice that the “p” of potential or the “g” of genius are not mentioned. Most bestsellers or even mega bestsellers didn’t make it on either but on sheer slogging and persistence.
Questions? Protests? Worries? Let me know and I’ll answer as I can.
Monday, June 14, 2010
Bargains
A good bargain of course is where both parties feel they got the best possible deal. If one or other side feels they're being screwed, well, to go back to Adam Smith, it is not in not in the enlightened self-interest of either party. Unfortunately, we dwell in stygian darkness... or so it would seem because it seems that those doing the screwing think it's a great idea and their skills in terms of either common sense or empathy are not very well honed. You see this, of course, in every class of humanity and in every sector of life, but there is a neat linear relationship between the disparity in relative power of the two parties and the inclination to screw the other party. If you live in a country where for example there is monopoly (or a cosy oligopoly as in South Africa) of banks, you can be fairly sure that the bank's little-man-in-the-street client is being screwed 16 ways to breakfast. All he'll ever get out of his bank is flat feet from standing in the queue, and he'll be lucky if they only charge him an extra 20% of the medical bills he gets as a result of their generosity. If competition between many little banks is real and vicious you can be sure that clients are getting a better deal. Of course power remains disproportionately with the bank, so getting a good bargain is unlikely. Anyhow, I'm here to talk about writing and books, not economic philosophy, so let's move on to that subject, with just one relevant addendum: a good bargain is actually to the long term benefit (and in the self-interest) of both parties.
So what got me onto this track? Well, the Wiley saga Amanda posted, and a little letter I got on Friday from the publisher that I sold the African print rights to a teens/YA sf novel I wrote. Contracts are of course something authors have to deal with. There is a sort of inverse square law here: simply - the closer to a good bargain it is, the shorter the document is. So for example the short story contracts I have had from Baen and Tekno are less than a page. They're good, fair contracts, sign them and both parties get a good bargain.
The next rule is: the more legalese the more certain you can be that this is no bargain. When the breakteeth lawyer words arrive, get the vaseline and bend over. The truth is a publishing contract is really quite simple (or at least potentially so). Intrinsically, it contains an agreement for the publisher to use the material for a specific purpose for a specific period, for which they will pay you xyz. You probably need to gaurantee that the material is yours to rent to them (this is what it this is: renting a property) and they probably need to provide some mutually agreed accounting mechanism (if the sum is likely to be large enough to warrant either party giving a damn - with a short it's usually money up front, and that's it. I've had one short pay me a royalty - out of 25. I suspect if I trawled through the rest I would come up with a few more dollars owing to me. Shrug.)
This can very easily fit in half a page of clear text: you have that, you have probably got a good bargain.
The other clear indicator is that the language in any covering letter is neutral. Do you believe and can you trust the that glib bloke on the Telly saying ‘The Best deal! Order now at the low, low price of $230 000 and get one FREE'? Well if you do, you deserve to fall for "Good news" or "I don't think it would be fair to keep you hanging on any longer" (to quote the little letter I got from the South African house I sold the African print rights to YA book I wrote to). Now in the case of the South African house I'm mildly amused because to be frank it's actually a win for me of sorts, because their own legalese and evasions have tripped them up. My hackles went up when I got the ‘let's be considerate and fair part' and I went and had a long look at the very dense legalese contract: They're legally obliged to publish and market the book at their expense ‘within a fair and reasonable time' -- there is no ‘kill'clause (and thus no punitive kill fee) - they baulked at that, so by stating that it isn't fair to keep me hanging on and I am free to look elsewhere, they've stated that they're in breach of contract. If I had money to waste or this was a first-and-only book, well, so long as I don't try and resell the book... I could take them to court and make them print and market it. What this boils down to is that the book was bought by a previous editor, has been handed down to one who doesn't know/like/believe in the value of speculative fiction (ergo she calls the story ‘fantasy'... it's science fiction) and if she can get me to huff off, the company is off the hook. Lesson: do not react in a hurry (or without a lot of thought and circumspection) to any contractual matter. If it sounds like normal business language, consider it carefully. If there is even a hint of ‘we're being nice to you'... back off and get professional advice. Your mum, partner, friends or kids are nice to you. You can be friendly with publishers, but it is a business relationship.
For your delectation I provide you with another snippet of the same letter
"In the light of this, I revisited your contract that was drawn up when [edited out] was in charge of this project. I see that the royalty agreed upon was 17½ %. We are not offering anything like this on current contracts and in the light of the recent recession, I am not sure that if we did publish it we would be able to sell enough copies of your book to make it viable."
Now, dear readers, 17.5% is of NET not of cover price. To run that through the calculators... that's probably somewhere around 8% (which yes, I had to argue them up to). That's about a standard paperback rate, and allows no escalation. There was a slim chance that the book would come out in paperback, so actual fact the net rate should be something like 25% to equal hardcover rates. In other words -- anywhere but in that very small exceptionally asymetric pond -- that's already a very good deal for the publisher.
It's also mildly amusing in that Ms Neweditor assumed the contract was the same as most would-be South African authors gets stiffed with and didn't bother to read the whole thing... or she'd have noticed something that would have given her conniptions. I went into this as an author published in the US with I think 15 contracts at that time. And when we got to a certain part of the negotiations they said ‘we don't' and I simply copied the relevant page of my most recent contract and sent it to them and said ‘with me you do and this is actually normal and how business is done.' Lesson: experience counts. Sometimes you have to get shafted getting it.
You see: According to a friend of mine who is professional illustrator and who knows just about every poor sap-author in this little arena... I am the only South African author she's ever heard of EVER getting an advance - and the advance they paid me - while small by US standards, means that actually the company is going to be substantially worse off not publishing, than publishing. Lesson: always try to get some form of advance (as big as possible), or something enormous in leiu which they stand to lose. It keeps them working on the book, and the more they've spent or risked, the more effort they'll put into getting at least that back. If you can't get an advance (and this may be be true in e-pub), get a clear, short timeline on publication and payment, preferably with a kill-fee. And the rates then go up, up a long, long way.
So long as they're in breach of their contract, I get to keep the advance. Actually, maybe Ms Neweditor may have been smarter than I thought. All she had to do was get me to breach contract and they could ask for it back. But I don't think so.
Now seriously, a book published in my old country would have been vaguely satisfying, especially while I was there. I could have sold quite a lot of copies (almost certainly enough just to my fans to pay the advance), aside from any effort they might have made. It was of course a neat subtle stab in the PC-back of South African political correctness, so it would have had a good social purpose too... On the other hand I've probably earned as much as I was ever likely to from the company. I'll be honest, I got a free coffee cup at their imprint launch and a month or so ago it came to light (the imprint launch BTW had maybe 40 or so staffers, and bunch of guests and the MD left in a brand new merc - someone makes money out of publishing in South Africa, just not the authors) and vaguely wondered if it would ever happen, but I never bothered to fuss about it. They might have made a good thing out of it if they'd tried, but forcing them probably isn't worth it. I've kept the E-rights, and rest of the world print rights bar Africa. I'm hoping to have it out as an e-book before Christmas (this has been on the cards for the last month or so, long before this). So: while I'll let it fester for a few more days I'll probably play the game right back... saying that it is terribly considerate but I'd need a letter revoking all their rights before I could even think about it. And then do nothing of the kind. Trying to resell the Africa print rights is near worthless. World rights are different matter. So are POD rights (which are mine).
Or what do you guys think?
How do you feel about ‘big 6' publishers working in what appears to be a ‘cosy'fashion?
What do you think a contract needs to say?
What are things we need to make a good bargain?
What do both both sides stand to gain?
So what got me onto this track? Well, the Wiley saga Amanda posted, and a little letter I got on Friday from the publisher that I sold the African print rights to a teens/YA sf novel I wrote. Contracts are of course something authors have to deal with. There is a sort of inverse square law here: simply - the closer to a good bargain it is, the shorter the document is. So for example the short story contracts I have had from Baen and Tekno are less than a page. They're good, fair contracts, sign them and both parties get a good bargain.
The next rule is: the more legalese the more certain you can be that this is no bargain. When the breakteeth lawyer words arrive, get the vaseline and bend over. The truth is a publishing contract is really quite simple (or at least potentially so). Intrinsically, it contains an agreement for the publisher to use the material for a specific purpose for a specific period, for which they will pay you xyz. You probably need to gaurantee that the material is yours to rent to them (this is what it this is: renting a property) and they probably need to provide some mutually agreed accounting mechanism (if the sum is likely to be large enough to warrant either party giving a damn - with a short it's usually money up front, and that's it. I've had one short pay me a royalty - out of 25. I suspect if I trawled through the rest I would come up with a few more dollars owing to me. Shrug.)
This can very easily fit in half a page of clear text: you have that, you have probably got a good bargain.
The other clear indicator is that the language in any covering letter is neutral. Do you believe and can you trust the that glib bloke on the Telly saying ‘The Best deal! Order now at the low, low price of $230 000 and get one FREE'? Well if you do, you deserve to fall for "Good news" or "I don't think it would be fair to keep you hanging on any longer" (to quote the little letter I got from the South African house I sold the African print rights to YA book I wrote to). Now in the case of the South African house I'm mildly amused because to be frank it's actually a win for me of sorts, because their own legalese and evasions have tripped them up. My hackles went up when I got the ‘let's be considerate and fair part' and I went and had a long look at the very dense legalese contract: They're legally obliged to publish and market the book at their expense ‘within a fair and reasonable time' -- there is no ‘kill'clause (and thus no punitive kill fee) - they baulked at that, so by stating that it isn't fair to keep me hanging on and I am free to look elsewhere, they've stated that they're in breach of contract. If I had money to waste or this was a first-and-only book, well, so long as I don't try and resell the book... I could take them to court and make them print and market it. What this boils down to is that the book was bought by a previous editor, has been handed down to one who doesn't know/like/believe in the value of speculative fiction (ergo she calls the story ‘fantasy'... it's science fiction) and if she can get me to huff off, the company is off the hook. Lesson: do not react in a hurry (or without a lot of thought and circumspection) to any contractual matter. If it sounds like normal business language, consider it carefully. If there is even a hint of ‘we're being nice to you'... back off and get professional advice. Your mum, partner, friends or kids are nice to you. You can be friendly with publishers, but it is a business relationship.
For your delectation I provide you with another snippet of the same letter
"In the light of this, I revisited your contract that was drawn up when [edited out] was in charge of this project. I see that the royalty agreed upon was 17½ %. We are not offering anything like this on current contracts and in the light of the recent recession, I am not sure that if we did publish it we would be able to sell enough copies of your book to make it viable."
Now, dear readers, 17.5% is of NET not of cover price. To run that through the calculators... that's probably somewhere around 8% (which yes, I had to argue them up to). That's about a standard paperback rate, and allows no escalation. There was a slim chance that the book would come out in paperback, so actual fact the net rate should be something like 25% to equal hardcover rates. In other words -- anywhere but in that very small exceptionally asymetric pond -- that's already a very good deal for the publisher.
It's also mildly amusing in that Ms Neweditor assumed the contract was the same as most would-be South African authors gets stiffed with and didn't bother to read the whole thing... or she'd have noticed something that would have given her conniptions. I went into this as an author published in the US with I think 15 contracts at that time. And when we got to a certain part of the negotiations they said ‘we don't' and I simply copied the relevant page of my most recent contract and sent it to them and said ‘with me you do and this is actually normal and how business is done.' Lesson: experience counts. Sometimes you have to get shafted getting it.
You see: According to a friend of mine who is professional illustrator and who knows just about every poor sap-author in this little arena... I am the only South African author she's ever heard of EVER getting an advance - and the advance they paid me - while small by US standards, means that actually the company is going to be substantially worse off not publishing, than publishing. Lesson: always try to get some form of advance (as big as possible), or something enormous in leiu which they stand to lose. It keeps them working on the book, and the more they've spent or risked, the more effort they'll put into getting at least that back. If you can't get an advance (and this may be be true in e-pub), get a clear, short timeline on publication and payment, preferably with a kill-fee. And the rates then go up, up a long, long way.
So long as they're in breach of their contract, I get to keep the advance. Actually, maybe Ms Neweditor may have been smarter than I thought. All she had to do was get me to breach contract and they could ask for it back. But I don't think so.
Now seriously, a book published in my old country would have been vaguely satisfying, especially while I was there. I could have sold quite a lot of copies (almost certainly enough just to my fans to pay the advance), aside from any effort they might have made. It was of course a neat subtle stab in the PC-back of South African political correctness, so it would have had a good social purpose too... On the other hand I've probably earned as much as I was ever likely to from the company. I'll be honest, I got a free coffee cup at their imprint launch and a month or so ago it came to light (the imprint launch BTW had maybe 40 or so staffers, and bunch of guests and the MD left in a brand new merc - someone makes money out of publishing in South Africa, just not the authors) and vaguely wondered if it would ever happen, but I never bothered to fuss about it. They might have made a good thing out of it if they'd tried, but forcing them probably isn't worth it. I've kept the E-rights, and rest of the world print rights bar Africa. I'm hoping to have it out as an e-book before Christmas (this has been on the cards for the last month or so, long before this). So: while I'll let it fester for a few more days I'll probably play the game right back... saying that it is terribly considerate but I'd need a letter revoking all their rights before I could even think about it. And then do nothing of the kind. Trying to resell the Africa print rights is near worthless. World rights are different matter. So are POD rights (which are mine).
Or what do you guys think?
How do you feel about ‘big 6' publishers working in what appears to be a ‘cosy'fashion?
What do you think a contract needs to say?
What are things we need to make a good bargain?
What do both both sides stand to gain?
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