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
Read moreThe Power – and Importance – of “No.”
Many authors spend years (in some cases, decades) developing craft and pursuing the dream of publication. Authors who wish to pursue traditional publication spend time and energy seeking an agent or publishing deal, and rejoice when the offer finally comes. However, all publishing offers (and offers of agency representation) are not equal – and a bad or predatory offer is worse than having no agent or publishing deal at all. As a publishing attorney, I often have to advise excited authors that the deals they’re offered are inappropriate (non-standard or predatory). This makes me sad. To be clear: I’m not advising authors to walk away
Read moreQuery 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
Read moreKeeping Track of Deductible Expenses
Today, the ongoing Wednesday series on managing the legal side of your writing career takes a look at an important tax issues many authors struggle with: keeping track of deductions. First, a disclaimer: this post is not, and should not be construed as, legal or tax advice. Consult an accountant or licensed attorney for assistance with your personal tax issues, including (but not limited to) legally permitted tax deductions. Today’s post isn’t about what you can deduct – that varies based on your personal situation, writing income* and other factors. Instead, we’re looking at some ways to document potentially deductible expenses, to ensure
Read moreAn Introduction to Sales Taxes for Authors
Many authors know about the obligation to pay personal taxes (if you don’t, you’ve been under a rock for far too long), but confusion often reigns when it comes to sales tax issues. Today, let’s take a look at when authors might (and might not) have to collect and pay sales tax on book sales. Sales Taxes (and Rules) Vary by State and Jurisdiction Unfortunately, there is no “one-size-fits-all” rule about sales taxes (except that you’ll have to pay penalties if you don’t collect and remit them when due). Each individual who sells products (including books) is responsible for knowing and obeying applicable tax laws.
Read moreManaging the Business Side of a Writing Career
Remember: it’s never too early, or too late, to take charge of your career and treat your writing as a business.
Read moreAvoiding Common Freelance Writing Scams*
Scammers and the unscrupulous flourish where dreams and business intersect, and writing is no exception. Many authors take on freelance writing opportunities to supplement longer-format writing. Here are some tips for avoiding some of the common writing-related scams and “opportunities” that cost you more than they benefit: 1. When freelancing or writing for third-party publications, always get a written contract BEFORE you write the piece. Many times, writers agree to work “on a handshake,” only to discover that the deal terms were not what they expected. Make sure you understand the terms, and have a written agreement (preferably a real
Read moreNegotiate Like a Pro (Part 3): The Negotiation
Welcome back to the negotiation mini-series! Last week we took a look at how to create a pre-negotiation plan. To re-cap: — Read the contract; make a list of points you’d like to change. — Prioritize your list into deal breakers, important points, and “things to ask for.” — Consider the publisher’s potential responses to your requests. — Adjust your list, and strategy, to address potential publisher concerns. Now, let’s look at tips for increasing your chances of success in an actual publishing contract negotiation*: Publishers, like flies, prefer honey to vinegar: Be Polite. No matter how the negotiation opens, proceeds, or finishes,
Read moreA Warning For Authors About Signing Books
Apologies in advance for the click-bait title–I didn’t intend it that way, but I couldn’t find a better one that accurately expressed the content of the post. Most authors look forward to signing books. It’s one of the greatest moments in an author’s career, and for many of us it never gets old, no matter how many books we’re asked to sign. Autographed books make wonderful keepsakes, and many readers treasure them for years (if not for a lifetime). However, autographed books can also provide a dangerous opportunity for scammers and identity thieves . . . wherein lies today’s warning. When signing
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