I know you recently suffered a major setback to your dream. Something you worked, and suffered, and prayed for. Something you wanted so much that perhaps your other blessings seemed to pale by comparison. Something that would advance your hopes, your calling, and your life. But you didn’t get it. To make it worse, you had to watch while someone else heard “yes” instead of “no.” Maybe that person was even a friend–compounding your anguish by making you feel like a wretched, selfish person as well as a loser. You watched your failings written large upon the vault of your existence, in ways that
Read moreMonth: February 2015
Why Do I Need a Literary Agent?
Writers often ask me if it’s “really” worth the trouble to query, research, and find an agent, especially with the ongoing changes in the publishing world. Many people seem surprised to learn that I have an agent–even though I write and negotiate publishing contracts all the time. The truth is, my agent is an invaluable business partner, and far more involved in my career than people often suspect. What many authors don’t realize is that an agent is more than a contract-obtainer-and-negotiator (though they definitely fill that crucial role). Not every author needs an agent, but every author needs to understand what agents really do,
Read moreAccepting Responsibility for Your Writing Career
The duty to manage a writing career belongs to the author alone, and today’s post takes a look at what that entails. Writers often see themselves as artists, or loners, or dreamers, and not as businesspeople– which is fine as long as the author doesn’t want to earn money for his or her art. When art crosses the line into sales,the author becomes a businessperson with a responsibility to treat the writing as a business also. This may sound obvious, but success in any business requires an understanding of the business in which you operate. No chef succeeds as a restauranteur
Read moreCelebrating The Rosewood Guitar
Today, please welcome author Mariam Kobras, who’s here celebrating today’s release of The Rosewood Guitar, the final book in her fantastic, award-winning Stone Series (published by Buddhapuss Ink)! I met Mariam on Twitter, and love her writing. She writes lovely prose, with deeply emotional, well-developed plots and characters a reader cannot help but love. And so, with no further ado, here’s Mariam: The Rosewood Guitar is my favorite novel in the series. That doesn’t mean that I don’t love my other books–of course I do! I wrote them, after all. But Rosewood is special. I think I relate to it so well
Read moreManaging Risk in Your Publishing Career
Sacramento area writers! If you’re interested in publishing issues, and want to see me speak live about publishing legal issues: I’m speaking to the Sacramento branch of the California Writers’ Club tomorrow (February 21) from 11am-1pm. The topic is WORDS ON FIRE: Rights and Risks, and the newly-updated presentation covers a variety of rights and risks authors need to know about and manage as part of a publishing career. You can find more details here: http://www.cwcsacramentowriters.org/2015/02/10/susan-spann-february-2015/ The meeting is open to the public and will take place at Cattlemen’s Restaurant: 12409 Folsom Blvd., Rancho Cordova. The organization charges a small fee (which covers lunch – and
Read moreThe Case for (Not) Using Trademarks in Fiction
Today’s post takes a look at the use of trademarks and “brand names” in fiction. For the most part, I advise clients not to use trademarks in fiction if an alternative will do. If use of a trademark or brand is unavoidable, the author needs to be certain the trademark is used in a legally-permissive way. Otherwise, the author risks a trademark infringement–or “trademark disparagement” lawsuit, both of which carry substantial legal penalties. The benefits of “fictitious branding” and generics usually outweigh any benefit the author could obtain from use of a real trademark. Authors have two relatively simple alternatives to use of
Read moreLiterary Agency Contracts, Part 2: “Covered Works”
Today, we continue the Wednesday series on literary agency contracts (meaning the contracts authors sign with literary agents). The series started last week, with an overview of some of the common terms appearing in agency contracts – if you missed it, you can find the information here: http://bit.ly/1KK5vcE This installment takes a closer look at the idea of “Covered Works” – meaning the novels and other creative works the literary agent’s contract covers. As an initial matter: professional literary agents have written contracts with their clients. If an agent doesn’t have a contract, it’s wise to look elsewhere. Before signing an agency agreement, make
Read moreMagellan: Pixie of the Reef
Those who follow my Facebook page have also followed the saga of Magellan, the Little Seahorse That Could, but in the interest of getting his story all in one place, I’m sharing it here today. Last December, I purchased four baby captive-bred seahorses from Seahorse Source* in Florida (who I consider the best of the captive-bred seahorse suppliers in the United States). When the babies arrived, a couple of them hadn’t tolerated the shipping well, so after a brief introduction to the reef–in which the smallest and most curious baby acquired the name “Magellan”– Shortly after Magellan returned to the reef,
Read moreWriting and the Art of Gardening
A guest post by mystery author R. Franklin James In an effort not to become a one-dimensional author I took up gardening. After signing my second publishing contracts to produce the Hollis Morgan Mystery Series over the next five years, I soon realized that without some meaningful distraction my brain would be sucked into the vortex of fictional characters appearing as real life. I decided on gardening for two reasons: it wasn’t aerobic and I didn’t have to leave home. Doing a limited amount of research I discovered that growing tomatoes takes a minimum amount of effort, money and time.
Read moreWhat to Look for in Agency Contracts (part 1)
My Wednesday #Publishing legal posts spend a lot of time on publishing contracts, but publishers aren’t the only ones who sign contracts with authors. Agents do, too. Today, we look at some common provisions authors should expect to see in an author-agent (agency) contract. 1. Exclusivity. The contract will normally make the agent the author’s exclusive representative, either for a single Work, all Works, or all novel-length works the author writes. This exclusivity applies for the length of the contract, and sometimes longer for works the agent represented or sold during the contract period. Read carefully: you need to know whether the agent
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