Avoiding Dangers in Short Form Publishing Deals

Authors have many things to watch out for when evaluating a publishing deal, but one of the most common—and most serious—dangers is something the author doesn’t see: the vital clauses and protections that are often missing from “short-form” publishing contracts, ready to pounce on unsuspecting authors when something goes wrong in the publishing process: I’m guest posting at Writer Unboxed today, discussing these dangers in more detail, and offering some tips for authors who get a contract offer before they sign with an agent. Click here to learn how to spot, and avoid, the lurking dangers in short-form publishing deals.

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Option Clauses in Publishing Deals

Most publishing contracts include an “option clause” giving the publisher rights of first refusal to consider the author’s next work(s) of fiction. However, many option clauses overreach or attempt to bind the author inappropriately. Look for these important features in any publishing option clause: 1.  The option should governs the author’s next book length work in the same series or next book-length work in the same genre only. By contrast, overreaching clauses may give the publisher an option on all future works the author writes – of any length, and in any genre. Don’t agree to open-ended option clauses. 2. Properly drafted options give the publisher a right to

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Query Procedures – And Why Authors Should Follow Them Closely

I’ve been on legal blogging hiatus over the holidays, but today, I’m returning with a post about the importance of following posted procedures when querying agents and publishing houses. When querying agents or publishers, it’s critical that authors follow the posted submission or query guidelines exactly.  Authors are often tempted to deviate from posted guidelines, either to shoehorn multiple queries into a single cover letter, to make querying “easier,” or for other reasons. DO NOT DO THIS. EVER. Literary agents and publishing houses do not create query guidelines to make authors’ lives difficult – or even to make their own lives “easy.” (Reviewing tens of

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How to Spot–and Avoid–Predatory “Pay to Play” Publishing Contracts

Scammers flourish in places where art and business intersect, because too many artists (including writers) don’t learn to protect themselves and their rights. The best way to protect yourself as an author is to learn as much as possible about the publishing industry, including how to identify the warning signs of predatory publishing deals. Today, we’re kicking off a mini-series on scam avoidance with a look at predatory “pay to play” publishing contracts. Industry standard publishing contracts: — Do not require the author to pay for anything up front, including publishing costs. — Do not allow the publisher to deduct the costs of publication from

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Tracking and Managing the Costs of Publication

How much did you spend on your last book release? Many authors don’t know, and that’s true regardless of the author’s publishing path. In my experience, author-publishers (sometimes also called “self-published authors”) often (but not always) have a better grasp of expenditures than traditionally published authors do.  Regardless of your publishing path, you should know how much you spend on each book release, & in what category expenditures fall.  Tracking expenditures properly is the first step toward evaluating whether your expenditures are effective, and whether or not you should repeat them with subsequent books. Create and maintain an expense and expenditure spreadsheet (or notebook) for

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Hidden Dangers in Short-Form Publishing Contracts

Authors have plenty to watch for when evaluating a publishing deal, but one of the most common dangers is one even savvy authors might not recognize: an abbreviated contract that omits important clauses and protections. Most authors look at standard-length (12-30 page) publishing contracts with a combination of excitement, fear, and confusion. For those not versed in legalese (or, more precisely, Publishing-ese) these contracts can range from “hard to read” to “penned in Greek or Sanskrit.” Authors often see a three-page form and think “finally, a contract that makes sense!” Beware…that way be dragons. Publishing contracts are long because they have to deal with many

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Tips for Effective “Elevator Pitches”

In the publishing world, an “elevator pitch” is the one-sentence (or at least under one minute) pitch an author offers an agent or editor in an attempt to prompt interest in the author’s book. I’ve heard a lot of these over the years, and helped many authors write them (in conference settings and otherwise). While the content of the pitch will vary, depending on the setting and the nature of the author’s work, there are some constants common to effective book pitches. For today, we’re focusing on the short “elevator pitch” designed to open a conversation. Many, though not all, of these

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What Do Literary Agents Do?

Before signing with an agent, many authors don’t realize just how much a literary agent does on behalf of his or her clients. Not all agents fill all of the roles we’ll discuss today–for example, some line edit client work and others do not. But then, not all authors want an agent to perform all of these functions, either. The key is finding an agent who offers the range of services you’re looking for, and who makes a good personal and business fit for your needs. Before you sign with an agent, talk with him or her about business practices and preferences,

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Do Your Homework: Tips for Finding a Literary Agent

Today, we’re continuing the #Publishing Law for Writers mini-series on finding the perfect literary agent to represent your work. While not every author needs an agent–author-publishers and those who want to work only with small presses may do equally well with a lawyer’s help instead–authors who want to publish traditionally, with larger publishers, normally do better with the help of a literary agent. (However, all authors do better with some kind of legal or literary representation.) Many times, authors who want a literary agent struggle to find one. This struggle may have a variety of causes, from the author’s work not being ready for

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