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Thursday, April 05, 2012


When Authors Need A Form

In my life as a writer, I need a legal form from time to time. For example, when I have to bill for a job, I need an invoice. When I work with a collaborator, I need a collaboration agreement. When I'm going to give an estimate, I need a form to give this estimate in a professional way.

Where do I turn? I can search online and maybe cobble something together that will work for the need. Normally I reach for Business and Legal Forms for Authors and Self-Publishers by Tad Crawford. In one convenient place, this book lists 25 different forms and includes the negotiation checklist for each form.

I'm not an attorney. When it comes to publishing matters, not just any attorney will do because the language and issues for publishing is a specialized area. You need someone skilled in this area. Crawford has worked in publishing law for many years and put together a terrific resource. I've actually purchased this book several times over the years because it has evolved into different versions. The most recent version includes the forms on CD-ROM in three different formats (Word, rich text format and PDF).

When I need a form, I will put the disk into my computer, pull up the form, modify it then send it to the other party. The forms aren't perfect and my long-term literary attorney friend doesn't like them because she believes each case is different and there is no one-size-fits-all form. Yet I also realize that boilerplate contract language is common throughout publishing. For my use, these forms work for my simple need. This resource may help you as well.

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Wednesday, May 23, 2007


The Forgotten Story Continued

In yesterday's entry, I wrote about the forgotten story of Dan Brown, the author of The Da Vinci Code and some of his not-too-long ago days in the publishing business. I included a short quotation from a court document. Just ahead of the quotation is another element in the story and points to a common situation within book publishing--change.

Authors are trusting of their publisher that they will carry out all of their promises for promotion. These marketing plans are nonbinding since they are normally not included in the actual book contract yet are used to show the publisher's intentions for your book. These plans are offered in good faith but many things change within a publisher between the signed contract and when the book is actually released into the marketplace. Editors leave. Marketing people change houses and financial priorities shift. Many years ago I signed a contract with one of my books and the editor told us about plans to market the books in airports around the country with distinct displays and other such ideas. In between signing the contract and the release of the book (often separated by as much as 18 months), my editor left and none of those plans occurred. Yes the book was published but in a much more modest fashion.

For Brown's earlier novel, Angels & Demons, he changed publishers from St. Martin's Press to Simon and Schuster. Here’s the promised plans from his publisher, "Simon & Schuster said they were extremely excited by Angels & Demons. They promised to give the book considerably more publicity and support than my previous publishers. Their proposed publicity included a much larger print run (60,000), advertising in major newspapers, web advertising, a 12 city tour, an e-book release, and other exciting prospects."

For a writer like Brown who was financially struggling, such a promise was a major encouragement. Yet the court document continues and reveals what happened: "Unfortunately, when the book came out, my print run was slashed down to 12,000 copies with virtually no publicity at all. I was once again on my own and despite enthusiastic reviews, the novel sold poorly. Blythe and I were heartbroken as we had put so much work into this book. Once again, we took matters into our own hands, booking our own signings, booking our own radio shows, and selling books out of our car at local events."

You have to understand this incident took place in 1999 or 2000. Angels & Demons has gone on to become a bestseller. After the success of The Da Vinci Code, readers purchase Brown's other books.

OK, what do you gain from this little historical trip? First, it's a reminder of the ever changing nature of publishing. Also it's encouragement for every author to take a pro-active stance with their own marketing and reaching their own grassroots audience. It's not easy for anyone but if you are consistent (and have a book which is compelling and excellent), then you can eventually find your audience and success. Hold on to the dream yet realize it may take years of consistent work and effort to reach it. Everyone is looking for the quick way and more often than not, there is no quick way. If publishers understood it, then they would use it on the next book and the next book (which so often doesn't work on a regular basis).

Authors need to keep working on building the audience for their books through forming relationships and the dozens of tools out there. If you need any inspiration in this area, pick up a copy of John Kremer's 1001 Ways to Market Your Books and start something that you haven't been doing. In this area, I've been learning about virtual book tours and teleseminars. Last night my first teleseminar was successful. After the teleseminar, I edited the tape some at the beginning and the end using Sound Forge which is a terrific piece of software. You can get it from Mike Stewart, the Internet Audio Guy. Then I uploaded the file to the replay page using audio generator. I selected the "snazzy player" which allows you to fast forward or rewind the teleseminar. It was not complicated and I believe I created a great result--and learned a bit more about marketing books through teleseminars. Also I helped people learn about a great resource for authors, Author Law.

My encouragement to each of you is to continue forward--learning the craft of writing, forming new relationships and crafting better submissions for the editor.

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Saturday, May 19, 2007


Take Your Best Shot

Next Tuesday night, May 22nd, I'm hosting a teleseminar with two literary attorneys. You will have a chance to take your best legal shot at asking them a question--and using some different technological tools in the process. I'm learning about these tools and this teleseminar will be my first experience to host such a seminar. Hopefully the first of many times.

Sallie Randolph and Anthony Elia are two of the top speakers in the area of the law for publishing and intellectual properties. In their newest book, "Author Law A to Z, A Desktop Guide to Writers' Rights and Responsibilities," they reveal straight-forward how-to advice in an easy to understand manner for anyone in publishing. I'm telling you this because I've convinced Sallie Randolph and Anthony Elia to allow me to grill them during a LIVE 70-minute teleseminar on Tuesday, May 22, 2007! Here's the different twist: Rather than have the "content" come out of my head (or Sallie's or Anthony's head) for the May 22, 2007 teleseminar 5:30 p.m. PDT / 8:30 p.m. EDT, I decided to let you ask them a question. Sound fair? So, if you could ask Sallie Randolph and Anthony Elia ANY question you wanted about the legal issues related to writing and publishing, what would your question be? Here's your chance to ask Sallie Randolph and Anthony Elia directly and get registered for our call on Tuesday, May 22, 2007 (starts promptly according to www.Time.gov). Just use this link to ask your question. If you register for the teleseminar, you will get a sample chapter from Author Law, A to Z." You will receive 45 pages of invaluable information on publishing matters such as copyright, collaboration, confidentiality and copyright in cyberspace. It's all FREE if you ask a question and register for this teleseminar. There's more: I've convinced Sallie and Anthony to give away autographed copies of "Author Law A to Z" for three fortunate teleseminar attendees. You have to attend the FREE teleseminar to find out WHY Sallie and Anthony are doing this or WHO is eligible, so go ahead and ask Sallie and Anthony your question now.

Click on this link. After your question gets submitted, you'll find out how to get phone access and webcast access to Sallie Randolph and Anthony Elia and me for our LIVE teleseminar, May 22, 2007.

One more detail: Whether you attend the teleseminar or have to miss it, a complete professional transcript from the teleseminar is available for $19.95. Just use this link to purchase the transcript.

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