Category Archives: Contracts

Great Links I Learned About in May

Here’s some great blog links I learned about in May. Check them out if you have the chance.

The Passive Voice
“Passive Guy” is an ex-lawyer who is blogging about writing. Great stuff! Make sure to read his posts about contract law, his insights could save one a lot of grief and money down the road.

David Farland – Dave’s Daily Kick in the Pants archive

You may be more familiar with him as David Wolverton for his science fiction, but he writes fantasy as David Farland.   You can read his archive of emails at the above link, or follow this link to his website to sign up for a free email delivery of Daily Kick in the Pants.

How to Be Creative by Hugh MacLeod

Cartoonist Hugh MacLeod has some thoughtful things to say about creativity in his pdf download.

The Craving for Validation Can Really Screw Things Up

Writers–especially new writers–crave validation the way a cat craves catnip. I’ve seen the craving result in a few writers doing some incredibly destructive things from a business perspective. I myself did quite a few stupid things business-wise due to the validation crapola in my head until I learned from much more experienced writers that the crapola was there and that I needed to get rid of it.

Validation is NOT asking “Is this piece of writing any good?”  Validation is all about saying stuff like:

When thus-and-so happens, then will I be a REAL writer.

It’s the part about “then I will be a real writer” that messes writers up in the head. Badly.

Several wise old pros told me, “a real writer is someone who writes, day in and day out,” and I used to be inexperienced and stupid enough to scoff at that saying.  Surely there had to be more to being a “real” writer.

I don’t scoff anymore, because I’ve learned the hard way that there’s a core seed of truth to what those writers said.

A writer writes.

A painter paints.

A singer sings.

A coder codes.

Whenever someone quits doing the action (code, sing, write, etc.) that is the core of their dream, everything grinds to halt in a matter of time. Writers who stop writing will eventually become the topic of “What ever happened to so and so?” among readers.

Also, validation is NOT about setting goals.  It’s fine to have goals.

What I’m talking about here is having a mindset where a writer is totally dependent on a particular thing happening to feel like a “real” writer. This dependency results in neediness that can be manipulated by scammers, and a frantic urgency that results in bad business decisions that can postpone (or even wreck) the ability to make a living as a writer.

For quite a number of writers, “thus-and-so” is “published with a NYC publishing house.” The problem is the “When I am published by a NYC publishing house, then I will be real writer” mindset leads to a neediness that makes it hard for a writer to do the negotiating that needs to be done to get a decent contract.

Here’s something to think about.  These NYC publishing contracts are between a writer and a corporation.  We aren’t talking about two individuals working out a joint partnership here. Those people you meet from the corporation can be really really nice, but at the end of the day it’s the corporation the writer signs with. Editors and CEOs can be fired.

The craving for validation from corporations based in NYC can be used against a writer in contract negotiations. It’s just the nature of business–the writer’s book is a profit-and-loss statement for the corporation. If a writer wants to play doormat, that’s the writer’s problem as far as the corporate entity is concerned. Sometimes an editor will warn a writer if the writer acts too much like a pathetic wuss in negotiations, but for the most part the writer is on his or her own.

The other nasty part of this “NYC publishing house” requirement for being a “real” writer is that all the great middle-sized publishing companies get ignored because one is chasing after a narrow definition of being “real.”  There are some terrific small and middle-sized publishing houses out there, ones that are going to be big publishing houses 15 years from now.

Lastly, the whole mindset of  “when thus-and-so happens, then I’ll be a real writer” also makes it harder to keep morale up. Several old pros have pointed out to me that writing is disheartening enough as it is due to the rejection process; there’s no need to pile more anguish on by setting absurd goals for what is “real” as a writer.

A real writer writes, day in and day out.

Everything else is just a goal to aim for.

Terrific posts by Kristine Kathryn Rusch and David Byrne

Kristine Kathryn Rusch has a terrific post this week on the business changes happening at light speed right now, “Writing Like It’s 1999.” Publishing contracts are changing FAST and it’s important to be aware of what is going on if you want to make a living in this industry.

Also, I found out from a comment by LP King on her post, that David Byrne did a great article back in 2007 on changes in the music industry entitled “Survival Strategies for Emerging Artists–and Megastars”. Considering that the music industry technology shift happened about eight years before it started in publishing, this is a terrific article to help get a feel for what might happen or be possible for writers. I made a cup of tea during a work break and read it in one sitting. Great stuff to ponder.

It’s Not Indie VS. Traditional, It’s Indie AND Traditional

As fiction writers, we live in an exciting era right now due to the new distribution opportunities available through Kindle, PubIt, and Smashwords. But to hear some writers talk, it’s Indie vs. Traditional, and one has to choose sides.

Well, a lot of neo-pros and old (20+ years) pros I’ve been talking to are excited about being able to do both indie publishing and traditional publishing at the same time.  Having more revenue streams as a writer makes it easier to pay the bills each month. And as long as one is careful about reading and negotiating away any excessively broad non-compete clauses in a traditional publishing book contract, doing so should not be a big deal.

Short stories still need to go to traditional markets first if you want to sell them to a place like The New Yorker.  But if you write a novelette or novella that can’t find a traditional home, it is now possible to indie publish it instead of just letting it sit around unpublished. And once the exclusive time frame on a traditionally published story expires (and if you didn’t sign an all rights contract), you can republish it as an indie reprint to generate more income.

But one thing I want to emphasize is the importance of thinking twice before giving away a royalty cut to an e-packager for an indie story.  Dean Wesley Smith and J. A. Konrath and Barry Eisler debate the pros and cons at length in a post put up today.

We’re all in for a wild run over the next few years in publishing. Since I used to work in the software industry–which makes publishing look glacial by comparison–I confess I’ve welcomed the publishing technology breakthroughs that are bringing on a faster business pace.

Scrivener’s Error: Blog on Publishing Law

I’ve discovered an amusing website for keeping up with publishing law news.  Lawyer C. E. Petit has a site called Scrivener’s Error where he blogs about many things related to publishing gossip, especially anything involving publishing law.  Well worth reading.

Also, be sure not to miss Petit’s rants about the terrible contract terms being offered to want-to-be-published newbie writers by James Frey’s book packager Full Fathom Five, especially his post on this from November 13th called “The Million-and-First Little Lie.”