Principles of Contracts: Everyone Knows Peggy Lee (Or Should)

This post, by JD Sawyer, originally appeared on his Literary Abominations site on 5/26/11.

Preface: I mentioned this in the first post in this series, but because I’m going to be talking about some specific points of law in this post, I need to reiterate: I am not a lawyer, am not qualified to dispense legal advice, and none of what follows should be considered as legal advice. All of what follows is opinion based on experience and on layperson’s research, and you should always consult a lawyer of an appropriate specialty when negotiating an IP-related contract (especially when dealing with a company that can afford bigger lawyers than you can).

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Previous chapter: Market Awareness
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If God had a lounge singer in the 40s, 50s, or 60s, I’d lay you even odds that it would have been Peggy Lee. Along with Etta James, Billie Holiday, and Rosemary Clooney, she had a glorious, smoky, rich alto that wrapped naturally around horns and clarinets to make sounds that were the aural equivalent of chocolate.

Peggy Lee had a good friend named Walter, and Walter need a singer/songwriter for his new project. Walter did good work, and he was a good friend, so Peggy gave him a good rate, and in 1955 the result of that project hit the country like Christmas. It was a little movie called Lady and the Tramp.

It was a great collaboration, and they had a good contract for the time (Peggy and her cowriter retained rights to “transcriptions” such as record albums and sheet music–a smart move). Everything might have been peachy for life, if Sony hadn’t screwed up the world with home video.

Videotapes have been around pretty much since the Big Bang (or at least since 1951) in broadcast, but nobody really expected that it would wind up being something people used at home any more than the early computer manufacturers thought that your phone would contain twice the computing power that sent men to the moon (which some of them now do). Even if it were technically possible, why would anyone want home video when they had, you know, lives? And television? A professional toy like video tape wouldn’t appeal to a mass market–or such was the thinking. Sony, by the 1970s the world leader in miniaturization, disagreed. In 1975 they introduced Betamax, the first home video format.

It took a few years for it to catch on, but (thanks largely to the porn industry) by the 1980s home video was THE thing (and in the years since, this trend has only deepened with more formats being released). Studios started making their bread-and-butter money from video rentals and sales, rather than from theatrical exhibition. The only people who had a problem with this were the artists who weren’t getting paid for the work they’d done for theatrical exhibition–but most of them just grumbled. Not Peggy Lee. Peggy Lee pulled out her lawyers and said “Sic ‘em.”

Disney argued that the original license left them with an implicit right to sell the movie in any format, and that “transcriptions” didn’t cover home video because it was just another video format, like film and television. Peggy Lee argued that it was a transcription, and that she couldn’t have sold home video rights, because home video didn’t exist at the time that Lady and the Tramp was produced.

It took a long time for the lawsuits, contrafilings, and court case to run its course. At the end of it, in 1992, Peggy Lee won two important victories. First, she got a few million dollars for her troubles, which helped with her retirement even after her lawyers got their cut. Second, she got a precedent, known in entertainment circles as “The Peggy Lee Decision.” According to this decision, rendered in the California Supreme Court, an artist can’t sign over rights that do not yet exist.

Let me say that again. An artist can NOT license rights that do not yet exist. All those old movie contracts suddenly got complicated, as studio lawyers had to scramble to make sure their creatives (such as composers, songwriters, etc.) signed addendum allowing the use of their work in home video. At the time, Internet streaming didn’t exist except in experimental theory, so very few studios listed that in their addendum–that came later (this is, btw, one of the reasons that certain episodes of TV shows, and certain films, are not available on DVD and/or for streaming–studios would not meet artist’s asking prices for their music and other creative contributions in the new formats).
 

Read the rest of the post, which goes on to address how the ‘rights that do not yet exist’ situation applies to—and can seriuosly injure—authors, on JD Sawyer’s Literary Abominations.

Hidden Gems And Little Darlings

What makes you uncomfortable with or defensive about your story is worth looking at closely for two reasons: 1) it could be a hidden gem, or 2) it could be a little darling.

Hidden Gems

Sometimes as we write our subconscious seeds our stories with hidden gems, like how or where your protagonist will find the answer to his surface problem*.

In Bob Mayer’s book, Novel Writer’s Toolkit, he talks about a writer getting stuck with a particular problem in the story (the main character needs to discover some vital information in order to solve the mystery) and not knowing how to resolve it. It only took a quick look back through what was already written to find the answer in a short bit of description (several journals the character had seen on a shelf in another character’s office).

Another possible hidden gem your subconscious could work in is a story-worthy problem.

While it is important to give at least a minimum amount of thought to what your protagonist’s underlying issue is, sometimes the real issue develops deep within your own mind and isn’t revealed until you begin writing.

For instance I recently wrote a scene where my main character’s father, an ordinarily soft-spoken and gentle character, speaks condescendingly to his son, my protagonist. It’s a scene I’ve hated reading because it makes me uncomfortable. I’ve considered several times removing it, but couldn’t bring myself to do it.

However, since going back to basics with this story and trying to develop myself into more of a planner and less of a pantser, I’ve realized this scene reveals my main character’s story-worthy problem — the need to believe in himself. Had I taken it out before finishing the entire story I might have missed this very important detail.

Little Darlings

On the other hand, those “special” scenes that we feel the need to defend as “necessary” may not be necessary at all. They could be little darlings, as Stephen King calls them, and need to be eliminated (or at least banished to a folder far far away from the rest of your civilized manuscript).

To know the difference you can ask this very important question: does this move the story along? If it does, great! If it slows things down you may need to cut it. At the very least you’ll have to revise it, which means shortening and tightening.

A lot of my personal little darlings tend to be flashbacks and memories. They’re fun scenes and often moving, but necessary? Probably not. Some of the information needs to remain, but there are certainly better ways to scatter it through the rest of the story.

One example from my WIP is a flashback where my protagonist’s father is teaching him what the term “warming up” means. It’s cute, even endearing, but it really slows down the story. Instead, I’ll be re-writing the flashback into a memory, most likely as a couple of sentences instead of the several paragraphs it currently is. It’ll be painful, but it’s necessary.

Writing a great novel can be tough, but thankfully we’re not alone. There are multitudes of free blogs and inexpensive books we can read to help us learn about craft. Best of all, there are other writers and readers out there we can get in touch with thanks to social media who can become our mentors and beta readers. With all those great resources available, it makes it that much easier to decide if that scene is a hidden gem or a little darling.

How do you make that decision?

*For more information on surface vs. story-worthy problems check out Les Edgerton’s book Hooked.

 

This is a reprint from Virginia Ripple‘s The Road To Writing.

A Day To Remember The Fallen – Memorial Day

Publetariat staff are off in observance of Memorial Day here in the United States: the day when we remember all the members of our armed forces who fought and lost their lives throughout history. Whether you’re in the U.S. or not, please take a moment to give thanks for the sacrifices of the fallen soldiers of your nation, as well as their surviving family members and descendants.

Publetariat members can still post to their blogs and use the Forum, but emails to Publetariat won’t be answered until Tuesday, 5/31, and no new content will be posted to the main site until the evening of Monday, 5/30.

Students Write Novels—In 30 Days

This post, by Art Peterson, originally appeared on The National Writing Project site on 5/12/11.

Summary: The National Novel Writing Month’s Young Writers Program makes writing fun for students because of, not despite, its audacious goal: kids must pen a novel in a month.  

Most teachers assign novels for students to read not write. But many teachers nationwide are not only asking students to read novels but also giving them a month to write them.

Yes, you read that right: one month.

Instead of complaining about being absurdly overworked, students participating in November’s National Novel Writing Month (NaNoWriMo) have been known to ask, "Can we work on our novels today?"

That’s because, above all, NaNoWriMo is meant to be fun. An exercise in "seat-of-your-pants" novel writing, it has almost no rules.

The Office of Letters and Light, the nonprofit behind the event, believes this carefree approach encourages writers to take imaginative risks and truly enjoy their work. Founded in 1999, the adult version of the event requires only that you commit yourself to taking a stab at novel writing—and submitting a novel of 50,000 words, no matter how good or bad they are, by the end of November.

Since 2005, NaNoWriMo has entered many classrooms, including those of National Writing Project teachers, through its Young Writers Program. In addition to curriculum and support, teachers receive a classroom kit featuring a progress chart, stickers to mark word counts, and buttons for writers who cross the finish line.

Approximately 1,800 classrooms and 45,000 kids and teens participated in 2010. The rules for under-18 writers are the same as those for adults, with one important exception: young writers can pick their own "reasonable yet challenging" word length.

If a student elects to write, say, 18,000 words and achieves this goal in a month, he or she is a winner. Awards include a "handsome winner’s certificate," a Web badge, and a promotional code to receive a free bound proof copy of the finished novel.

The Young Writers Program also facilitates Script Frenzy, a similar scriptwriting event that happens each April and challenges participants to write a 100-page script in 30 days.

While young writers work primarily as individuals, teachers are also encouraged to write along with them—an approach at the heart of NWP’s philosophy.

Common Core Curriculum Provided


Read the rest of the post on The National Writing Project site.

Looking For Logic? Not In Book Sales

Watching your digital book sales climb is exhilarating. Seeing them fall is heartbreaking and confusing. “What changed?” you ask yourself, feeling panicked. Did I slack off too much on blogging? Or forget to post in the forums? Did I take this success for granted for 24 hours? Frantically, you try to recreate the right combination of effort and luck that made it happen. Then you realize you don’t really know why the run-up occurred.

Sometimes, changes in books sales are obvious and logical. During weeks when I have three guest blogs posted and I’m active in the forums, the numbers go up a little and it makes sense. Other times, the sales shoot up for no reason. This month, they dropped for no reason.

I tried not to panic, telling myself it was temporary. But still, I kicked into high gear, posting in the forums, writing blogs, and sending out press releases. None of it seemed to make a difference. I even bought some ads, something I rarely do because it’s so hard to measure their effectiveness. But self-publishing is a small business, so reinvesting a little profit into advertising seems logical.

I crave logic, and these inexplicable fluctuations can make an author crazy. Particularly people like me: control freaks who want things to make sense. I want to know the cause and effect of everything. I want to depend on my efforts to produce predictable results. (Are you laughing?) So for months, I checked my Amazon sales daily. Because if I did something that worked, I wanted to know. How else do you learn and improve?

Yet sales often fluctuate for no rhyme or reason, so watching the daily numbers is a good way to give yourself an anxiety disorder—and not get much written on a new novel. But you have to keep writing new stories, because releasing a new book is the best thing you can do for sales of all your books. Proven!

So what’s an author to do? I’ve given up looking at daily sales. I still check my rankings on Amazon’s police procedural list every once in a while to see where my books are. If my titles are slipping off the first page, I ramp up my efforts for a while or maybe buy a small online ad.

But I’m trying not to obsess and to accept that I have little control over sales. I remind myself that making a living as a novelist was and is my dream, and that so as long as the bills get paid, I’m happy.

P.S. They’re climbing again, but who knows why?

Authors: What are your experiences with digital sales? Can you shed some light on the ups and downs?

 

This is a reprint from LJ Sellersblog.

Looking for Logic? Not in Book Sales

Watching your digital book sales climb is exhilarating. Seeing them decline  is heartbreaking and confusing. “What changed?” you ask yourself, feeling panicked. Did I slack off too much on blogging? Or forget to post in the forums? Did I take this success for granted for 24 hours? Frantically, you try to recreate the right combination of effort and luck that made it happen. Then you realize you don’t really know why the run-up occurred.

Sometimes, changes in books sales are obvious and logical. During weeks when I have three guest blogs posted and I’m active in the forums, the numbers go up a little and it makes sense. Other times, the sales shoot up for no reason. This month, they dropped for no reason.

I tried not to panic, telling myself it was temporary. But still, I kicked into high gear, posting in the forums, writing blogs, and sending out press releases. None of it seemed to make a difference. I even bought some ads, something I rarely do because it’s so hard to measure their effectiveness. But self-publishing is a small business, so reinvesting a little profit into advertising seems logical.

I crave logic, and these inexplicable fluctuations can make an author crazy. Particularly people like me: control freaks who want things to make sense. I want to know the cause and effect of everything. I want to depend on my efforts to produce predictable results. (Are you laughing?) So for months, I checked my Amazon sales daily. Because if I did something that worked, I wanted to know. How else do you learn and improve?

Yet sales often fluctuate for no rhyme or reason, so watching the daily numbers is a good way to give yourself an anxiety disorder—and not get much written on a new novel. But you have to keep writing new stories, because releasing a new book is the best thing you can do for sales of all your books. Proven!

So what’s an author to do? I’ve given up looking at daily sales. I still check my rankings on Amazon’s police procedural list every once in a while to see where my books are. If my titles are slipping off the first page, I ramp up my efforts for a while or maybe buy a small online ad.

But I’m trying not to obsess and to accept that I have little control over sales. I remind myself that making a living as a novelist was and is my dream, and that so as long as the bills get paid, I’m happy.

P.S. They’re climbing again, but who knows why?

Authors: What are your experiences with digital sales? Can you shed some light on the ups and downs?

L.J. Sellers is the author of the bestselling Detective Jackson mysteries and standalone thrillers.

Because You’re Not Worth It (Or, Why Friends Don’t Ask Friends To Work For Free)

This post, by Kian Kaul, originally appeared on his Stockholm site on 5/10/11.

I used to find this quote inspirational, but now it just seems puzzling…

“One man writes a novel. One man writes a symphony. It is essential that one man make a film.”
– Stanley Kubrick

[Editor’s Note: strong language after the jump]

Not to pick an undebatable point with one of the greatest creative minds in recent history, but having produced a novel (yes, produced – more on that later) it’s fairly clear that all the author traditionally does is put the words together pretty.  Write the manuscript.  What usually follows in the process is turning it over to proofers and editors, lawyers who vet the prose for lawsuits-in-waiting, marketers whose job it is to judge to whom and how to hock the story, which in turn informs the graphic designers who mock up the jacket cover and possibly any accompanying advertising materials (if handled in-house), all overseen by the publisher whose vision greatly supersedes the person who slapped the words together pretty in the first place.  Not to mention the ENG crew who may be hired to shoot crisply-lit interviews with the author to be used in the press kit (produced by yet another company entirely) for media outlets who may want to cover the product (yes, product).

Before the switch is thrown on this assembly line, it’s debatable whether the manuscript is really a book or just a pile of papers.  Or perhaps it was best argued on an especially subtext-heavy episode of Seinfeld , “It’s a pizza as soon as you put your fists in the dough!” “No, it’s not a pizza until you take it out of the oven!”

But, all the above is pure fantasy if you’re an indie author (the recent rebrand of the dreaded “self-published”).  Unless you’re versed in some or all of these skills, or just wealthy (in that case, read no further, you’ve got life on a string!) you’re probably planning to pull in favors, find other skilled creatives who “need to build their portfolios” and enlist friends who will be brimming with enthusiasm to drop whatever they’re working on to help you.  But the truth is, you’re not worth it.

The math is pretty simple; if you’re not in the position to hire for pay, none of the following highly-coveted descriptive terms apply to you: wealthy, famous, influential, incredibly charismatic, double-jointed.  Because, let’s be brutally honest, if you were two or more of those things you wouldn’t be an “indie author”.

The term “indie” seems to be a more sanitized form of “punk” or “underground”, with the aesthetic implications of photocopied demo tape jackets and monochrome fliers, circa 1980-199something (pre-Photoshop, post-Guttenberg).  And that’s essentially what we’re doing, sticking up our own demo albums on the local giveaway shelves until either someone offers us money to do it on their terms or we make enough to pay ourselves a living wage and continue to produce (while screaming “fuck the man” and pretending that we haven’t become exactly that).
 

Read the rest of the post on Kian Kaul‘s Stockholm.

Rewind, restart…

 I am a boutique publisher of two years standing who has learnt the hard way about what does and does not work. 

Now things are different. My business partner and I are starting over. We are taking a different position. Making baby steps this time without the giant leaps which we could not support. Concentrating on building our own readership with our work before we take on any others.

Staying Focused As A Self-Published Writer

This post, by David N. Alderman, originally appeared on Self-Publishing Review on 5/10/11.

“The road to success is dotted with many tempting parking places.” – Author Unknown

Being my own boss, I fall victim to many different things. It’s easy to procrastinate – to put things off that don’t need to be done right away. Sometimes, this causes me to put things off indefinitely. It’s never my intention to do that, it just…well…happens. I also tend to hyper focus on one thing and neglect the others. For example, I’ll get so focused on writing, that I’ll completely ignore my marketing efforts for that day, or vice versa.

I’m not a lazy person by nature. If anything, I am known as a workaholic and I tend to push my own limits sometimes when I try to get projects done in a timely manner. But lately I’ve just been under a spell, not really caring if anything gets done and just feeling fatigued and worn out for who knows what reasons. I think it may just be lack of structure that’s bringing all these things to my daily routine.

See, being a self-published, full-time writer is hard. I know some people think I’m living the dream by making my own hours and getting to do what I love – which is to write – full time. But there’s so much more to this profession than just writing. There’s marketing, there’s cover design, there’s marketing, there’s blogging, there’s marketing, there’s social networking, there’s…you get the point. Add in the fact that this can be a very lonely job, and you have the makings of a challenging career.

I’m sure many other writers, both who are doing this full time and who are doing it aside from a typical 9-5, experience some of these same issues I have been plagued with. And since this is my career, and not just my hobby, I’ve been forced to create a set of remedies to try and counteract some of these vices. I figured I’d share them with my fellow writers who are struggling to stay focused on their daily tasks, and hopefully help them accomplish their short term and long term goals.
 

Read the rest of the post on Self-Publishing Review.

How To Read A Book Contract: Paragraph 7 Giveth And Paragraph 22 Taketh Away

This post, by Passive Guy, originally appeared on his The Passive Voice on 10/9/11.

I’m starting a series of blog posts that discuss how to read a book contract. To be completely accurate, the principles I’ll lay out are important for reading any contract, but generally I’ll use illustrations from publishers’ and agents’ contracts with authors.

Given the tenor of the times with publishers and agents, I’m going to place an emphasis on how a skilled lawyer can hide a gotcha in plain sight and how you might find that gotcha.

As a background for today’s discussion, you need to understand that the entire contract is important. Just because it’s first, Paragraph 1 is not necessarily more important than Paragraph 35. Paragraph 1 can give you a nice big lollipop and Paragraph 35 can take it away or rub enough mud on your lollipop that you would never want to lick it.

Good contract drafting style includes grouping like items together in an organized manner and most well-drafted contracts put the important provisions up front and use the later paragraphs for routine boilerplate. However, there is no law that requires an attorney to follow good drafting rules and those later paragraphs can be wonderful places to hide King Gotcha.

Someone reading the whole contract makes lots of notes and changes in the early paragraphs, but once they hit the part about what addresses will be used to send official notices to each party, they’re kind of sleepy and tend to see what they expect to see instead of what’s actually written on the page.

An excellent example of this occurred in a multi-million dollar contract between the company I worked for a few years ago and one of the largest internet companies in the world. Giant Company delivered a proposed contract about 50 pages in length, organized the way I expected, obligations and dollars set forth upfront. The proposed contract left about a half-dozen meaningful issues to negotiate.
 

Read the rest of the post, as well as Part 2 and the related post, Don’t Sign Dumb Contracts, on Passive Voice.

Line Between Legacy Publishers and Self-Pubbers: Myth or Reality?

This post, by Chris Hobson, originally appeared on his blog on 5/9/11.

I was thinking about something over the weekend. Maybe this is obvious to everyone, maybe it’s not, but the more I think about it, the happier I get. Here’s my thought: is there really such a difference between self-pubbers and legacy publishing houses? I know, I know. You’ll come back at me with, "Well obviously, Chris–people READ books published by Penguin because Penguin stands for Quality, whereas they think something printed by Chris Hobson Inc. is probably a cut just above preschool marble painting.

Granted.

But I know a couple of people who started publishing houses of their own. That’s right: they just up and said, "You know, I think I’ll start publishing people’s books." And they did. And they published good stuff by excellent authors. But how, may I ask, is this different than publishing your own book?

I know they didn’t publish their own books; that’s not what I’m saying. They published other people’s books. But it was them doing the publishing, not some faceless corporation with a decaying old man at the helm. And believe me, they didn’t have fleets of editors or artists at their beck and call: they had to arrange for all of those services on their own.

It’s weird: just because they called their enterprises "publishing houses" they gained instant credibility. One of the guys was able to consistently place ads in Publisher’s Weekly for his clients. Try doing that for your latest greatest self-pubbed novel. I don’t know for certain, but something tells me you’d get laughed off the phone. But what gets me is that these guys had to hustle for their clients, they had to track down cover artists, get layout work done, promote the books to industry magazines, beg book store managers to give them space on an end cap to display the books. If you looked close, their whole operations were held together with balsa wood and chewing gum.

I say again: how is this any different than someone self-pubbing their own books?
 

Read the rest of the post on Chris Hobson‘s blog.

Some Thought-Provoking Words On Worldbuilding In Fiction

I read this post on S F Signal, which links to this post on Warren Ellis’s website. Both are essential reading for writers. In the S F Signal post, China Mieville talks about worldbuilding and references the M John Harrison quote that Warren Ellis posted. I’m going to repost that quote here, because it stunned me and made me really stop and think. Go and read the S F Signal post, and then read the quote below. I might ruminate on this and post some more about worldbuilding later. It’s got my brain cogs a-turnin’.

M John Harrison On Worldbuilding

Every moment of a science fiction story must represent the triumph of writing over worldbuilding.

Worldbuilding is dull. Worldbuilding literalises the urge to invent. Worldbuilding gives an unnecessary permission for acts of writing (indeed, for acts of reading). Worldbuilding numbs the reader’s ability to fulfil their part of the bargain, because it believes that it has to do everything around here if anything is going to get done.

Above all, worldbuilding is not technically necessary. It is the great clomping foot of nerdism. It is the attempt to exhaustively survey a place that isn’t there. A good writer would never try to do that, even with a place that is there. It isn’t possible, & if it was the results wouldn’t be readable: they would constitute not a book but the biggest library ever built, a hallowed place of dedication & lifelong study. This gives us a clue to the psychological type of the worldbuilder & the worldbuilder’s victim, & makes us very afraid.

 

This is a reprint from Alan Baxter‘s The Word.

The Ditchwalk Self-Publishing Scale

Independent authors believe every self-publisher is a revolutionary. Gatekeepers in traditional publishing think self-publishers are losers, at least until those same losers use their self-publishing success to humbly petition for a book deal. Vanity publishers insist all self-publishers are overlooked geniuses, and happily back up that assertion with high-priced services and promises they never intend to keep.

All of these definitions are unhelpful at best, self-serving at worst. In order to talk about self-publishing with any legitimacy we need a way to differentiate among self-publishers that is meaningful and objective. For that reason I created the Ditchwalk Self-Publishing Scale, which uses rising levels of production complexity to categorize self-published authors.  

Patrice Writes A Book
To see the Ditchwalk Scale in action, we’ll follow a writer named Patrice as she transitions from category to category, cutting a self-publishing swath deep into the heart of the publishing industry.

  • D0 – aka the Nobody, the Starving Artist, the Purist

    Patrice writes a book. She tries writing query letters and submitting chapters to agents and editors, but tires of the condescension and interminable delays. Patrice looks at the available self-publishing options, checks her bank account, and decides she has no choice but to do everything herself if she wants to make her work available to readers.

    While preparing her book Patrice gets cover-design software help from a friend of a friend. She also has several friends read the book for typos and usage errors, and gets e-book and print-on-demand (POD) formatting help from online forums.

    Because she does not pay anyone to help create her self-published work, Patrice is a D0 self-publisher on the Ditchwalk Scale.

  • D1 – aka the Aspirant, the Indy Author, the Realist

    Patrice’s self-published book does well. It doesn’t bring in enough money to pay the rent, but it’s enough to encourage her to write a second book, which she does.

    When she’s ready to publish her second title Patrice decides she wants professional help. She learned a lot publishing her first work herself, but with her second title she wants a more professional look and feel. Patrice hires a cover designer, and a professional proofreader to check her text before she locks it down.

    Patrice is now a D1 self-publisher because she paid people to help her prepare her book for manufacturing.

  • D2aka the Communicator, the Serious Writer, the Professional

    Patrice’s second book gets buzz but also draws criticism. She is recognized as a good writer, but there’s general agreement that the pace of the book might have benefited from tightening.

    Patrice takes the criticism to heart. She realizes she needs trained eyes not only on her cover but on her content as well. When she finishes the first draft of her third title Patrice hires a freelance editor to help overcome blindness to her own work.

    Because she hired someone to help shape the content of her work, Patrice is a D2 self-publisher on the Ditchwalk Scale.

  • D3aka the Multitasker, the Player, the Gig

    Patrice’s third title receives solid critical response. Even better, it prompts renewed sales of her first two titles, generating a fair amount of income for several months.

    While contemplating her fourth book Patrice realizes she can tie it in with an upcoming cultural event. When Patrice outlines the book and works up a schedule, however, she discovers she won’t be able to finish the book in time to take advantage of the opportunity.

    In a moment of inspiration Patrice decides to hire another writer to help her. The subcontracted writer will do research and write several first-draft sections of the time-sensitive title while Patrice works on the rest of the book. Patrice will then revise the entire work in her own voice and rush it into production using the team that helped produce her previous titles.

    Paying someone to write original content for a book she is authoring makes Patrice a D3 self-publisher.

  • D4aka the Luncher, the Writer Lover, the Editor

    Patrice’s time-sensitive title brings in considerable cash. Patrice acknowledges the contracted writer’s contribution both in the book and in interviews.

    Excited by the possibility of replicating this success Patrice lays out a book series that takes similar advantage of predictable cultural moments. While she recognizes that there’s a risk in launching a series, she knows she can subcontract other writers to write part or all of each first draft, leaving her free to provide overarching editorial control while also working on her own book.

    After weighing the pros and cons Patrice decides to go a step further. She starts a small press and hires writers to write first drafts in the series using stepped contracts, with the intent of keeping them on as the credited writer if they do a good job or she runs short of time to finish the books herself.

    Hiring other writers to write books under her editorial control makes Patrice a D4 self-publisher on the Ditchwalk Scale.

  • D5aka the Visionary, the Baby Mogul, the Publisher

    Some of Patrice’s sub-contracted titles pan out, others flop. Patrice learns from the experience and finds herself contemplating even more ideas for books. She maps out several possible schedules for the coming year, but no matter how she juggles titles and writers she comes up short of time to write, edit and release those books. Patrice realizes she needs to start a dedicated business with in-house editors overseeing aspects of projects that don’t need her direct supervision.

    For those titles that Patrice and her staff originate and maintain editorial control over, Patrice is a D5 self-publisher.

  • D6aka Random & Schuster, Harper House, SimonCollins

    Patrice takes her company public and retires from day-to-day control while still maintaining a financial interest. The board of directors hires a new CEO and expands aggressively. Some projects come from agent submissions, some are collaborations with bankable industry names, but a fair portion of the books her company publishes are developed in-house, in keeping with Patrice’s established practices.

    Because she maintains a financial interest in her publishing company, Patrice is a D6 self-publisher for those titles developed in-house.

Reality Check
Here are the main points of the Ditchwalk Scale condensed into a handy table:

To see why the Ditchwalk Self-Publishing Scale reflects reality — and did so even before self-publishing came to the masses — consider what it means to be published. If you write a book and Knopf publishes it to critical acclaim, you’re published, not self-published. If Boris from Russia opens a publishing company with profits from his murder-for-hire business, and publishes your book at a massive loss because it allows him to launder his blood money, you’re published, not self-published. If you have a rich aunt with social connections in the publishing industry, and you whine long enough to get yourself a small book deal for a work that must be ghostwritten in order to protect the professional reputations of all those involved, you’re published, not self-published.

No matter how you approach the question of what it means to be published, the only thing that actually matters is that the publisher — the actual legal entity that produces the book — is separate from you. If you write a book and somebody else produces/manufactures that book (without charging you up-front money, which would make them a vanity/subsidy press) then you’re a published author, not a self-published author. On the other hand, if you create the contents and you make the book, then you’re self-published, no matter how complex ‘you’ as a legal or business entity may be.

The Assumption of Authorship
Implicit in the idea of publishing and self-publishing is the question of authorship. Because a writer is usually credited on the cover of a book, authorship is often assumed even when it’s not an accurate description of the writer’s role on a project. When you see “Ernest Hemingway” on the cover of “The Old Man and the Sea”, you can reasonably assume that Hemingway was the author of that title. But when you see “Suzy Silly” on the cover of “The Cretin’s Guide to Calico”, it’s not necessarily the case that Suzy is the author of the book, even if she wrote most of the contents.

Why? Because authorship is defined by the creation and ownership of a work. If you’re the writer of a work but you don’t own that work then the question of authorship becomes murky. Conversely, a writer who self-publishes an original work is unambiguously the author because that writer both created and owns that work.

The common assumption about traditional publishing is that a writer writes a book which is then submitted to various publishers for consideration. If a publisher likes the work a financial deal is struck in which the original writer retains all rights of authorship because they originated and executed the idea.

Anyone who has a passing familiarity with the publishing industry knows there are many projects which do not meet this test of independent authorship. For example, who is the author of A Shore Thing? Is it Nicole “Snooki” Polizzi? Is it ghostwriter/collaborator Valerie Frankel? Is it the agent, editor and/or publisher who pitched and brokered the deal? Who had final editorial control over the book? Who owns the contents? Any of the above? Does it even make sense to talk of authorship in cases like this?

To be clear: if you write a book and someone agrees to publish it on the condition that you make specific changes, you’re still the author when that book comes out. Why? Because you signed off on those changes, even if you sold your soul in doing so. (You could have refused to make the changes, rejected the contract and still retained ownership of the work.)

On the other hand, if you’re hired to write a book, and you can be told to make changes, and you can be fired if you refuse or fail, then I don’t think you’re the author of that book. Your name may be on the book as the writer, and you may claim authorship in your bio, and you may be able to defend that claim because nobody else wrote the words in the book, but relative to someone who creates and executes an original idea themselves, I think it’s clear that your contribution is less. Throw in the test of ownership and I think the issue is decided.

In-House Self-Publishing
If you’ve spent any time observing the publishing industry you’ve inevitably heard a project described as in-house — meaning it was initiated by an editor or someone in management at the publishing company that produced the work. No matter who the publisher hires to write the words for an in-house title, is not the admission that something was developed in-house proof that such works are literally self-published?

To see what I mean, here are the three possible publishing relationships that can exist between writer and publisher:

  1. Writer creates work, writer publishes work. (Self-publishing)
  2. Writer creates work, publisher publishes work. (Traditional publishing)
  3. Publisher creates work, publisher publishes work. (Self-publishing.)

If a writer can self-publish a book even after hiring a cover designer, proofreader, designer, editor, marketer, publicist, accountant, tax lawyer, estate lawyer and chauffeur, how does merely hiring a writer (or ghostwriter) shelter a publisher from the charge of self-publishing if the publisher controls and owns all aspects of the resulting work? Isn’t that the very definition of self-publishing — albeit abstracted in both a business context and as a collaborative process?

What the Ditchwalk Scale shows is that when the owner of a title hires others to write all or part of the contents under contract, and that same owner also manufactures the resulting work, that person does not get to claim that the work was published by that business. Rather, the work was, by definition, self-published.

Self-Publishing for All
What publishers have been saying as long as publishers have been in existence is that creating and self-publishing books is okay for them, but not okay for you. Yet hiring others to do work on a title doesn’t determine whether a work is published or self-published. The only thing that matters is whether publication is bankrolled by the content owner or by a separate business.

By that definition, many of the books published around the world are self-published by publishers in exactly the same way that independent authors are now self-publishing their own work. The only difference is a difference in scale.

 

This is a reprint from Mark Barrett‘s Ditchwalk.

How To Become A More Self-Disciplined Writer

This post, by Jody Hedlund, originally appeared on her blog on 4/29/11.

All five of my children have learned to play the piano (or are still in the process). While none of them are musical geniuses, I firmly believe learning to play the piano is a gift I’m offering my children. Not only are they getting a solid foundation in music, but even more valuable than that, they’re getting an important lesson in self-discipline.

According to Merriam-Webster, self-discipline is: correction or regulation of oneself for the sake of improvement.

There’s just something about learning piano (or any instrument) that forces a person to correct and train oneself for the sake of improvement. It fosters self-discipline, which then carries over into other areas of our life.

Like my children, I also took many years of piano lessons (not that I play well anymore!). But in the process of learning piano (among other activities), I practiced self-discipline over and over. And now self-discipline is one character quality that has helped me enormously in my writing career.

Here are a few lessons I’ve learned about growing in self-discipline as a writer from piano lessons:

Concentrated increments can help us be more productive.

Rather than 5 minute practice sessions scattered throughout the day, my children practice piano in 20 to 30 increments (depending on their level). The larger chunk of time is more productive because they need a few minutes to warm up their fingers before the songs begin to flow.

 

Read the rest of the post on Jody Hedlund‘s blog.

Theme And Meaning In The Pretverse

I took a series-writing course to help me get my ducks in a row. The type of series I’m writing is a series in which each story technically stands on it’s own, but they are all linked. I write them in a particular order and number them merely because there are some things happening in the background that cause everything to make more sense. But you could enjoy the front story of each book all by itself, or in any order you choose (And some people may prefer it that way to have sort of a ‘puzzle-piece’ experience).

[Editor’s note: strong language after the jump]



In the series-writing course, it is suggested that I should come up with the “worst possible outcome” for the series, and then come up with “any” solution, no matter how stupid, because it will help me figure out a way to “wrap it up” when the time comes.

The more I thought about it, the more I realized that my series doesn’t work that way. And it helped me to come up with the underlying theme of what I’m writing, what’s most important to me to convey.

While I have all these different romances and species, everybody is at odds: human (the ones that know), magic users (really humans, but a little upgraded), demon, angel, gods, vampires, therians, guardians.

There are so many different conflicts and there really is no one “group” that we are all supposed to root for. We’re just supposed to “understand where they are coming from and what motivates them.”

In most books/series we have an idealized reality that doesn’t help us understand humanity any better. Even villains we can “understand”, we still understand they are “the bad guy”. And the heroes we understand are the “good guy”. It’s very polarizing, because it doesn’t help us get any closer to understanding our own humanity.

In the Pretverse, if one character we like “wins”, it can mean greater conflict and challenges for another character we like. I’m not sure the point is for us to “save the world” here. I think the point of this series, the theme I want to express is:

There is no utopia. There is always struggle. But in the midst of that there is love, hope, and pockets of happiness to be found and enjoyed.

Somehow I doubt that the afterlife is a boat ride of pure eternal bliss, and if it was, it might be as sterile and boring as the heaven in the Pretverse. When we’re in high school many of us can’t wait to get out. But when we get out in the adult world, we come to find, much to our chagrin, that it’s just like high school again. All the shit we hated about high school, we hate about the “grown up world”. Well, what if Heaven (or whatever afterlife scenario one envisions) is still high school? What if dying doesn’t make problems go away and we still have to grow and change and fix things and deal with set-backs and disappointments. If that’s true, then what does it mean?

I think maybe some people haven’t really thought out the whole: “perfect happiness forever and ever” issue. And it’s something I want to explore with the Pretverse.

So… toward that end, I don’t WANT some giant awful thing everything in the series is building toward, then they overcome it for peace and puppies at the end of the series. The background conflicts aren’t there to be “resolved forevermore”. They are there because that’s the point. Love and happiness in life happen in spite of the background drama. The world will never be perfect and everything will never be wrapped up neat in a tidy bow, but despite that, each couple finds their happiness. And the hope is, that you will also find yours.

 

This is a reprint from the Weblog of Zoe Winters.