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My author web site is up and running again!!  Yay me!!

Here are some lessons learned

  1. It always takes longer than you think it will.
  2. It always takes longer than you want it to.
  3. Unless your job is migrating web sites, pay someone else to do it.
  4. Don’t take too long to realize point 3, pull that trigger early.
  5. There will always be loose ends to clean up.  Make a list.

I’ll have another blog post by Friday, with author stuff.

Thank you for your patience.

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Last time (The Contract pt. 1) I went over the negotiation process, or at least how I approached it for my contract. TLDR – know what you’re getting yourself into before you sign, and get all the help you need to reach that understanding.

I signed, they signed, we now have a legally binding document that outlines our obligations to one another as we go about getting my novel published.

Sweet. But… hold on a second. I wrote the novel, isn’t my part in this exercise pretty much over? Not even close. If you want to get your book in someone else’s hands – and have them pay you for it – then finishing a novel is just the very first part. Your publisher is putting themselves out for you, especially if you’re a first-timer, and you need to realize you have obligations too.

Marketing

In the contract, my publisher outlines very specifically what marketing they’re going to do for me. For example:

  • Provide PR leads
  • Promote my book on their website and on social media
  • Outreach to influencers
  • … etc

The contract also outlines what marketing I agree to do. For example:

  • Build a website (where you are right now)
  • Journalist and influencer outreach
  • Contacting reviewers and responding promptly
  • … etc

This is a lot of promotion and glad-handing, and we haven’t even gotten to the editing process yet! Hokey smokes, can’t I just write stuff?

Nope. Being an author means, in the parlance of our times, you gotta hustle. My publisher will do everything they can to make my novel a success, but I can’t just lay back and wait for the cash to roll in, I have to take an active role in my own success. I have no problem doing that, I actually like it, but if you’re the kind of person who really would rather not, you’re going to need to get over it. If you want someone to buy your book, they need to know that it exists in the first place. Like it or not, you’re your own marketer.

Editing

While you’re revving up your marketing engine, you’ll also be going through the editing process. I’ll get into more detail as my novel reaches those stages, but in the contract there is section dedicated to the editing process. This is perhaps the most collaborative section, since the publisher and the author need to work closely on edits. The publisher protects itself, however, by outlining that when the author is unable or unwilling to make edits, the contract terminates immediately.

Honestly, I’m behind the publisher on this one. If you’ve gone through the effort to find this work and execute a contract to publish it, and the author digs in his heels and won’t make changes to the manuscript to make it fit for publishing, they’re not really someone you want to work with anyway. As I’ve outlined elsewhere, authors used to working alone might have a problem becoming part of a collaboration.

The contract also includes sections for royalties, payments, subsidiary rights, sequel rights, controls, translations, termination, auditing, etc. If you really want to go over any of that stuff, let me know, I can make another post about it.

The process starts in earnest tomorrow. I’ll fill you in as it moves along.

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Previous The Contract part 1

Next The First Deliverables

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In the beginning there was the contract. An agreement, a meeting of the minds, a legal document that outlines the responsibilities of both parties regarding that agreement. Offer, acceptance, consideration. But what the hell does all that actually mean?

When I got that emailed contract I was almost there. Just a hair’s breadth away from my ultimate goal of getting my writing published and available for people to purchase. Now I had to read this document, digest and understand it, and then determine if I agreed with it. Even though my novel is about a murder case, I am not myself an attorney. But I know people who are. I sent the document to my friend, also named Don, to get his professional opinion.

The reason you send legal documents to an attorney is because, as your advocate, your attorney reads that contract with an eye to any potential harm to you. In my situation, Attorney Don pointed out a certain section where I would be surrendering all rights, and two other sections that needed clarification on fairly technical legal specifics. Attorney Don made the corrections he felt were necessary to protect my rights, and I sent his suggestions (three total) to the publisher.

Within half an hour the publisher roundly rejected the corrections.

Among the things that fill my day, I am a mediator, I help other people resolve their disputes. I can recognize when someone is negotiating from a disadvantaged position, and in this matter I was that guy. I had never been published before, and this offer was a close as I’d ever gotten. They had what I wanted, and if I walked away chances were good another opportunity wasn’t going to come along. The worst case scenario for them, if I didn’t sign, was that they moved on to the next author; the worst case for me was going back to Corporate America with its enforced mediocrity and 10 Federal holidays a year. I absolutely had to sign. Right?

Not so fast. People make bad decisions when they’re rushed. That’s why those timeshare sales places are terrible, they want you to buy TODAY. I mulled my options over: sign a document that was almost but not quite what I thought it should be, or refuse to sign it because it wasn’t precisely to my liking. The details are unimportant to this story, the point is I had a choice to make, one I’d seen many, many people face during my time as a mediator. When is ‘good enough’ not really good enough? When do you walk away?

I did sign. I decided that the details of the contract meant the publisher was as invested in me as I was in them. Aside from a few quibbles about wording where I didn’t get my way, I believe they’re approaching it as a partnership, just as I am. In it together, which, honestly, is a fairly freaky proposition for me (see Publishing vs. Writing).

More on the details of the contract in part 2.

Signing a contract checklist:

  • Get an attorney to read it. Yes, this will cost you money.
  • Take your attorney’s suggestions seriously. They’re your advocate, they’re looking out for you.
  • Read the entire contract yourself. Understand every part of it. You will probably need your attorney’s help here.
  • If your attorney suggests changes, understand what those changes will mean for a revised contract.
  • Recognize your position, there’s always a strong side and a weaker side. Understand your side when you negotiate.
  • Negotiate in good faith. That means you don’t have a hidden agenda and you’re not trying to cheat, swindle, or screw over the other side. You’re going to have to trust the other side is approaching it as honestly as you are.
  • When you have a final proposed contract, read and understand it thoroughly. Do not let anyone rush you. If you’re pressured to sign before you’re ready, walk away.
  • After you sign a contract, make a list of everything you’re obligated to do. Post this list prominently, and add any dates to your calendar. Structure your work towards these obligations.
  • If questions arise, talk them through with the other party. Over-communicate. Bad things happen when people don’t talk to each other.

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Previous – Publishing vs. Writing

Next – The Contract, part 2