The Value of Contract Negotiations

 

By Terry Whalin @terrywhalin

If an editor sends you a contract for your book, you should celebrate. As someone who has been in publishing for years, I know it is a huge success to receive a contract. 

As an acquisitions editor, I have been involved in hundreds of contracts during my over ten years at Morgan James Publishing. I’ve also worked at two other publishers in this area and I’ve witnessed and been involved in my own contract negotiations through publishing over 60 books with traditional publishers. 

It may surprise you but many people don’t do any negotiation. They sign the document and return it. It is important to negotiate with the right attitude. The basic principle is to tell the other party upfront, you are negotiating in good faith and do not want to do or say anything that will kill (or stop) the deal.

Recently an author told me a literary consultant was giving her contract advice. I received over three pages of wording suggestions and this author believed she was negotiating to send them to me. To be fair, some of the suggestions could possibly go through and be accepted. Several of the suggestions were “deal killers.” When there is a deal killer, the publisher will stop the negotiation and walk away from it. As I read through the suggested changes, I knew this author needed some of my assistance. If she was willing to remove the deal killers then I suspected a number of the suggested changes could be accepted and incorporated into her contract. 

The publisher and the author have devoted a considerable amount of time and energy into the decision making process to even issue a contract. If the deal is killed at this point, the author returns to searching for a publisher and the publisher simply moves on to the next book. While it is more work for me as an acquisitons editor, I hope we can resolve the differences and still negotiate this contract. The balancing act in this process is tricky. As of this writing, I’m unsure how it will work out for this author.

Recently editor and author Jane Friedman wrote about The Business Skill I Wish I Could Grant To All Writers. The skill is negotiation. One of the surprising details in this article: “Not even the majority of agents negotiated the contract as well as they should have, because they were so advance focused. I wish I could say that your agent will definitely negotiate all the finer deal points, but that’s not the case in my experience. So even if you do have an agent, you should be asking them questions, too.” Most writers feel if they have an agent, then they will be well-represented in the area of negotiation. Like Jane, I have worked with a number of agents who don’t do much negotiation on the contracts for their authors. 

My point is even if you have someone else negotiating for you on a book contract, you should still take the time and energy to understand the proposed changed and what is going on. Why? Because when the contract is signed, it is not the agent or literary attorney whose name is at the bottom of the contract and ultimately responsible for the contract. That responsible person is you, the author.

I have a couple of contract resources on my Right-Writing site to help you with understanding your contract and the negotiations. First Publishing Contract Checklist by attorney Timothy Perrin (scroll down to read this excellent article--I have an unresolved formatting issue). Also I encourage you to read Five Magic Phrases: Tips for Negotiating Like a Pro by Jenna Glatzer. Each of these resources will give you additional information and help you become a better negotiator.

Do you negotiate your contracts or do you give that responsibility to someone else like an agent? Let me know in the comments below. 

My Articles in Other Places

In these entries, I encourage you to publish in other places. Here's where several of my articles have appeared:

Why Writers Need To Become Time Aware If you want to increase your productivity as a writer, one of the first steps is to become more conscious of how you are using your time.

Authors Who Succeed in the Book Business Success leaves traces and this article details some of those principles from successful authors.

Why You Must Understand Your Target Audience Every effective author knows their target audience and give the details in this article. 

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When you get a book contract, do you negotiate? Even if you have an agent, you need to learn and understand the value of contract negotiations according to this prolific writer and editor. Read the article here. (ClickToTweet)

Much of the publishing process is outside of the writer’s control. 10 Publishing Myths helps writers have a realistic perspective and take action. Get 10 Publishing Myths for only $10 +FREE shipping + over $200 of free bonuses.

The Constant Juggling of the Writing Life

By Terry Whalin @terrywhalin

As a writer and editor, my day to day life is a constant series of juggling between long-term priorities and the immediate.

 

Today I am writing a regular newsletter which goes out every week (a recent new assignment for me). I'm working with my authors as an editor at Morgan James Publishing. I'm writing some book reviews (something I do for fun if I read or hear a book). Plus I'm pitching some article ideas and handling other details like incoming emails.

 

It's just a glimpse at my writing life which to some would be stressful but I've tried to learn to roll with the changes and attempt to handle each detail methodically and deliberately (sometimes I succeed better than others). Also I'm constantly working on getting some regular exercise, hydrating with water, monitoring my food intake and diet along with other details called life.

 

What happens when you miss something? I'm keenly aware of the importance of meeting deadlines, showing up at the right time and place and keeping things moving with excellence (all key aspects of being a freelance writer). Yet my actions are not always perfect and at times I miss something. While I strive for perfection, I don't always achieve it.

 

When I do make an error or mistake, there are several key actions that I take:

 

1. I admit the error and apologize. Good communication is always a high priority with me.

 

2. I attempt to correct the mistake or error (if possible—and it is not always possible).

 

3. I resolve to do better in the future. My attitude is a critical aspect of these situations. To feel bad and inadequate will ultimately not move things forward. Instead, I try and move forward—sometimes easier said than done.

 

While to some people outside of publishing, the community seems large. Overall, it is a small group of relationships. Each of us need to maintain, keep and expand these relationships. Your actions and response is an important part of this process. Part of my reputation is people know I'm always eager to do whatever is needed and right.

 

Are you juggling different priorities and balls throughout your day? How do you handle it? What insights do you have for this process? Let me know in the comments below.

 

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The Ever-Changing World of Publishing

Last week I learned one of my regular writing assignments was disappearing. For every issue of the publication, I've been writing a column for the last six years. It was sad to receive such news but in some ways it was not unexpected. One of my key relationships at the magazine was leaving. With this change, the staff took the opportunity to revamp their publication through this revision my column was no longer needed. I responded to the editor with a gracious and understanding way with the hopes I can write articles in future issues. My response was well-received and possibly I will be able to write more in the future.

This experience reminded me that the world of publishing is always changing. During my years of writing, I've seen publications start and fold (cease to exist). Publishing companies are sold to other entities and as a writer I get a letter saying my book is going out of print. These are only a few of the variety of changes. Sometimes your work is a part of that decision and other times, the decision has nothing to do with you or the work and everything rests within that company.

In the ever-changing world of publishing, here's several key principles to keep in mind:

1. Change is always a part of this business.  Some of the changes you can control but many of them you can't. Your attitude in the middle of change is critical.

2. Never assume your writing opportunity will continue. As you submit your material and it is accepted, each time express gratitude and flexibility. These attitudes will go a long way with your publishing colleagues. 

3. Diversify your writing and your income streams. Look for other opportunities and be knocking on doors. Your skills have many different possibilities. If you need to explore other possibilities I have a free list in the first chapter of Jumpstart Your Publishing Dreams. You can download this chapter here (follow the link).

4. Persevere with your writing. I've watched many people give up on their writing over the years. The ones who get a publisher and continue in this business are the writers who persevere with the work. Admittedly some days it is hard but each of us need to keep our fingers on the keyboard and keep writing. 

What are your tips for handling and thriving in the ever-changing world of publishing? Let me know in the comments below and I look forward to hearing from you.

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Four Ways to Prepare for a Conference

For many years, I've been attending and teaching at conferences. Many of the articles that I've published and the books that I've written have their beginnings with someone I met at an event. If you have never been to a writers conference, I encourage you to make plans and attend one this year.  It will boost your writing life to a new level and help you on a number of different fronts. A number of the people at each conference have never been to a writers event and it is their first time. If you are holding off going to a conference because you've never been, do it. It will change your life and propel your writing forward.

Editors and agents work with people that they know, like and trust. Yes we get tons of pitches and proposals on email and online and in the mail. But if you have met an editor or agent at an event, maybe even eaten a meal together or sat in one of their classes, the relationship goes to a new level of depth. Many of those relationships begin at conferences.

As an editor, I've been preparing for several events, updating my handouts, critiquing a few manuscripts for people I will meet and gathering my business cards and other materials for the events. I always bring plenty of business cards to handout.  Numerous times at conferences I've asked an editor or an agent for a business card. This person forgot their cards and had two or three and they've already handed them out. I do not want to be one of those types of editors so I make a point to bring enough.

For the person attending the conference, I want to give you several ways to prepare for the conference:

1. Study the conference program ahead of time. Make some initial choices about the classes you will attend. Also notice who is coming from different publications and publishers. Be aware of their names and positions so when you run into them in line or in the dining room, you can begin a conversation with them.

2. Prepare pitches for particular editors and agents. You will see some of the faculty are more relevant to your writing than others. Create a small list of people you want to set appointments or sit at their table during a meal. Because of the weight, editors and agents are some times reluctant to take a full manuscript but they will often take a “one sheet” (where you summarize your idea on a single piece of paper with your contact information—including email and phone). I always like to see as much as someone wants to show me. I will often take full proposals or manuscripts home with me (if available). Or some authors bring their material on a flash drive to give to editors and agents.

3. Create and bring business cards. Even if you have never been to a conference, create a business card with your name, email and phone number. Also I like to include a mailing address so I can see the time zone where you live. Also if you have a current photo, include it on the card. Bring plenty of cards and hand them out generously throughout the event. In my view, it is always best to trade cards. You give the editor one of your cards and you get one of their cards.

4. Bring an attitude of learning and listening and taking action. Throughout the conference, you will learn new things, write them down in a little notebook. Ideas and requests should go on a separate page that you can cross off as you handle them when you return home. As a writer, you have invested a lot of time and money to attend these events. One of the best ways to get your value from the event is to follow-up and send the requested materials. If you take these actions, you will make a positive impression on the agents and editors that you meet at conferences.

Some people wonder how my writing has been published in more than 50 magazines and I've written more than 60 books. There are many reasons but one of the main ones is my follow-through. If someone asks me for an article or a proposal, I send it to them after I return home. You'd be surprised at the lack of follow through from others at the event.

Are there other keys to prepare for a conference? Tell me in the comments below.  

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