Showing posts with label contracts. Show all posts
Showing posts with label contracts. Show all posts

Sunday, November 14, 2010

Smoke and Mirrors

This past week has been anything but peaceful in parts of the publishing world. At least that's how it seemed. It began with the news that Amazon had listed for sale an e-book that supposedly promoted pedophilia and ended with the publication of a contract James Frey and company are offering new and very gullible writers.

First, the Amazon affair. I'll start by saying I'm not giving the name of the book or the author. It's out there if you want to find it. But, as I said earlier in The Naked Truth, I'm not going to give this guy any more publicity than necessary to discuss the issue. The basic facts are that someone published through Amazon's DTP platform a book that supposedly told people how to avoid being caught committing pedophilia. I say supposedly because I haven't read the book and never will. Anyway, the reaction was fast and furious when news hit the Amazon boards and it wasn't limited to there. It hit facebook and then the internet and then national media. Demands were made for Amazon to remove the book posthaste. When Amazon didn't instantly do so, there were calls for boycotts.

What no one thought about when making the demands and going viral with them was the simple fact that it brought attention to a book that wouldn't have received it otherwise. The book went from unknown to the top 100 in paid e-books in a matter of hours. And all because of the very public demands for its removal. The author, if I remember correctly, was also to be interviewed on the Today Show. Talk about a lot of free press.

Then Amazon did take the book down. More press. The author is making the rounds saying he's sure the book will be back up soon. Who knows. Personally, I doubt it. At least if the book says what it's purported to say. Why? Because a book showing someone how to get away with the very heinous offense of pedophilia will be against the Terms of Service every author or publisher has to sign before publishing through the DTP platform.

But what worried me and a number of other people about this incident was the potential for more calls for books to be dropped from sales lists by Amazon, Barnes & Noble and other digital outlets. It's a slippery slope once started. And it soon appeared our concerns were valid. Within hours of Amazon removing the book, there were new threads popping up on the kindle boards demanding that other books be removed. People were actively searching the catalog to find books on subjects they thought offensive. PETA has since chimed in, sending Jeff Bezos a letter demanding books about dog fighting, etc., be removed from the catalog.

Slope...slippery...OOPS!

Anyway, to see more of my thoughts on this subject, check out the following posts:
One last note on this matter -- unfortunately, I can't find the link right now. When I do, I'll post it -- Barnes & Noble has apparently responded in a knee-jerk way to the issue by adding a disclaimer to books published through its PubIt portal. Basically, is says that if a reader finds the material in the book objectionable, they should report it to Barnes & Noble.

Edit: I found the general site. It is in the PubIt Help Board at the Barnes & Noble Community. Here's what the disclaimer supposedly says: "About Self-Published Content
Barnes & Noble receives content from many independent authors and publishers. If you find any content that is inappropriate, please report it to Barnes & Noble."


Witch hunt anyone?

The other major firestorm of the week came from James Frey and his Fiction Factory. That should be more like his sweatshop. I initially read about it here after being pointed to it by Pam Uphoff. My initial reaction, because I wasn't really awake, was that it wasn't that big of a deal. Then, as the coffee kicked in and I started reading the contract terms, my blood boiled. I won't go into it all right now. I detailed my opinion of what Frey is doing here. Suffice it to say that for the price of a short story, Frey et al are convincing writers to do outlines, rough drafts, rewrites -- requiring they incorporate ALL notes and comments -- for a new series of books. Books that may or may not bear that writer's name because, gee, Frey can decide what names to put under "author", including fictional names. For a whopping $250, the author does all the work and MAY get a modicum of credit for it. Oh, yeah, they might, MIGHT, receive 40% of any fees from the sale of the work IN ANY FORM -- but only after all sort of fees (most of which are unlimited) have been deducted. And if that isn't enough to get your blood boiling, Frey retained an irrevocable right to have the author do any and all sequels he sees fit. Notice, there's nothing saying the author can opt out. Basically, the author indentures himself to Frey for as long as Frey wants.

I could go on but I'll stop here. John Scalzi says it so much better in his post about the contract:

Writers: This contract would be appalling and egregious regardless of who was offering it. A story idea good enough for James Frey to sell to Hollywood would be good enough to sell to Hollywood without James Frey. Write your story, get an agent, and sell your work with your own name on it and all your rights to the work intact. It may take more time, but it will be worth it. Have more respect for yourself and your work than quite obviously James Frey will have.

So, any thoughts about this or the Amazon slippery slope?

Monday, April 19, 2010

Just a couple of things...

...Lurking, peering up out of the swamp.
That's things for you. You never know when one of 'em is going to leave a trail of wet footprints, a bit of duckweed, and a complete absence of Rover.

(It's not easy living with my mind) Now, to resume normal programming, I've had a few things on my mind lately (some with duckweed) and I was trying to decide just which to write about. Decisively, I have gone for both!

Firstly: http://forums.digitaltextplatform.com/dtpforums/entry.jspa?externalID=2&categoryID=12

Which is the 35% offer from Amazon. The higher one... is reputed to have more than just duckweed. It's lawyerese, a language which fills me with a (totally irrational I am sure) desire to attach the speaker/writer to a slab of wood (by means of six inch nails through the feet) and to suspend the same slab over a crocodile pond, until they learn to speak straight non-evasive English. The Baen contract, and the Tekno contracts should be used as standards - if it's more complicated (in Flesch terms if nothing else) it's over the crocodile pond with you. Still, there are a lot of you reading this blog, so if you want to have a look and leave comments about death-traps and nasty sneaky servitude for your children clauses that I might have missed I'd be grateful.

Secondly, the perennial issue of how the hades you get your work noticed. Let's face it: unless your publisher paid through the nose for your book (An advance of at least 25K but realistically closer to 100K - in which case they'll work hard to get their money back) you're effectively the only person who will market and push your book. You can argue about how right or wrong this is, or how wise or stupid, or if it actually works at all in anyone's favor, but that is the status quo. Whether you sign up to lawyerese above, go your own way, or get a publisher... your new book is one among tens of thousands. It's probably not even on display in 9/10 of bookstores, and it probably won't be re-ordered unless customers ask for it. That's the reality for 98% of us. You can either sit and whine about it... or at least work on it to the best of your ability. I've chosen the latter, in my best ineffectual style, and, of course perpetual ragged edge of disaster finances. I'm not much good at it, but hell, I try. So what possible ways are there?
Well... there is the I think DD prescript of forget about it and work on getting a lot of books on the shelf. People do notice that.
Then there is CV altnernative of everything from live shows to poetry. How she finds time to write I don't know, but I admire the effort. I am not sure about dividends or just how long haul practical this is. (and of course my famous Vogon poetry skillz do limit this option.)
There are cons and give-aways. which is very nice if you can get to cons, get anyone to come to your readings who isn't a reader already, and um... the cost and effectiveness of giveaways. I did what I could afford (which was VERY little) but if it had any effect, I am yet to hear of it.
Then there is our own Rowena's trailer - which is good but how could I get many people to see it, assuming I could do one?
Charlie Stross held forth a while ago about the only answer was blogging... which is all very well if you got in early and got a blog audience before there were 10 zillion to trawl through. Still, I am persuing this as best I can. I suspect I am nearly as naturally good at it as I am at childbirth. I'd noticed Ilona Gordon (who is good at it) mixes giveaways with hers, and guest blogs. I'm up for more ideas... besides persistance, that one I have got.

So there we are, friends, ladies, gentlemen, mantlepieces and others. In my inimitable style I now await your brickbats and comments on the Kindle thing and of course, how to get your book noticed. I'd prefer ideas that involve staying out of jail and alive, if it is all the same to you. And no duckweed.