Legal Stuff in Making a Book

What about the publishing contract? Most of what's online seems slanted toward the writer's benefit, to help them navigate the legal ramifications of the publishing contract. It can be downright scary to grant someone else the copyright for your work. It's a big step, but necessary if you want to work with a traditional publishing company.

When you write something, you automatically own the copyright on it. In order for a publisher to create your book, you must grant him the copyright. A contract is the first step in making a book. The publisher or editor won't touch your work unless you grant them the rights to do so.

A contract is simply an agreement between two people. It doesn't need to be long and full of legal language that's impossible to decipher. It essentially consists of the publisher saying what they want from you, the writer, and you, the writer, agreeing to it or not.

It will say what the publisher gives the writer as part of this business arrangement. If you don't agree, they might adjust it. It never hurts to ask. If you do agree, then you sign and proceed with  this exciting venture of having a publishing company invest in you as a writer.

Behind every contract is people. Consider the contract carefully but also consider the people. Do you trust them, or not? If not, don't sign the contract. A person without integrity can manipulate any contract for any purpose, which is why lawyers are so busy. If you do trust them, sign and move forward, trying not to second guess everything that happens. It will be okay!

L is for Legal. (This is an A to Z Challenge post, not intended to go into great depth and detail about the topic.)

About Food. About Love. About FOOD OF LOVE by Anne R. Allen

Today is a guest post by the always entertaining and insightful Anne R.Allen, author of the new release, FOOD OF LOVE—a novel about friendship, size acceptance, a small nuclear bomb, and chocolate. Lots of chocolate. 

Does anybody remember the size acceptance movement of the 1990’s?

Fashion magazines like Mode and Radiance featured gorgeous models with non-surgically-enhanced curves. The plus-sized Emme became a supermodel and motivational speaker. Romance publishers issued whole lines featuring curvy women who didn't diet to find love. Helen Fielding's BRIDGET JONES DIARY and Jennifer Weiner's GOOD IN BED topped the fiction bestseller lists. Books like Geoffrey Cannon's DIETS MAKE YOU FAT and Susan Powter's STOP THE INSANITY let us know 98% of diets resulted in weight gain.

The movement urged women to put energy into living instead of dieting. It reminded us that nobody who's starving can work at full capacity. It told us that if women channeled the energy we were putting into hating our bodies into changing the world, we could make a difference.

I wrote my novel FOOD OF LOVE during that era, just when a diet drug combination called phen-phen had to be taken off the market because it, well, killed people (but left a fashionably skinny corpse.)

I wanted to point out the ironic truth that women--no matter what culture, sexual orientation or race--are united by one thing: the compulsion to diminish ourselves by dieting. I showed how women inflict this insanity on ourselves and each other--as one character says "women are always complaining how the menfolk are oppressing us, but you know...we're pretty damn good at oppressing our ownselves."

I didn’t want to write something preachy. Or another “men are jerks” saga.

So I combined satiric social observations with a roller-coaster plot involving an aging supermodel, a conservative talk show hostess, a hot KGB agent, a small nuclear bomb, and chocolate. Lots of chocolate.

Two different agents took it on and tried to sell it, but it didn't pigeonhole neatly into a prescribed genre. Finally in 2001 I found a medium-sized independent publisher in the UK who loved it. I think the book might have taken off if they had been able to get US distribution rights. But one of the owners of the company died under mysterious circumstances (yes, fodder for another novel--coming out soon) before the book had a chance to find a US audience.

Soon afterward, New York pronounced romantic comedies "over" and plump, life-affirming heroines were replaced by vampires, zombies and the hungry undead.

At the same time a new cultural mindset emerged--carefully orchestrated by the multi-billion dollar weight-loss industry. By the mid 2000's, the concept of body acceptance had been erased from our consciousness. We were again being told that starvation (and/or surgical enhancement) was the path to happiness.

I suppose it helped that our romances were all about falling in love with dead people.

Boomers were told the natural weight gain—which has been happening to aging human bodies since we were swinging from the trees-- is "unhealthy." Children as young as six were put on diets that destroyed their natural appetite regulators. We didn't let them run free and exercise, then shamed then for being fat. Fad diets like Atkins came back with a vengeance. Fat people were humiliated for entertainment and dieting lies got new life
with the 2004 debut of “The Biggest Loser.”

Personally, I lost faith and fell for the lies again: “It’s not a diet—it’s an 800-calorie-a-day ‘lifestyle’.” I was swayed by those nightly news reports about the obesity “epidemic”—which turns out to have been created by reducing the medical definition of “normal” weight, inflated by the natural weight gain of aging Boomer bodies. I was shamed by those decapitated images of people who dared walk our streets without buns of steel or six-pack abs.

After three years of starvation dieting and the subsequent craving, depression, and binging, I’d gained thirty pounds and looked for help in the size acceptance movement again. But I discovered most of their websites were dead and/or had been vandalized. I Googled “Emme” and couldn’t find one entry. It was as if the whole movement had never existed.

But this weekend something happened that gave me hope. The brilliant actress Melissa McCarthy won the best actress Emmy.

I’m not a big awards show fan, and the TV was on only to accompany my laundry-sorting. McCarthy’s sitcom, Mike and Molly was barely on my radar. But as I stood there folding my plus-size clothes, watching her walk regally across the stage, I shocked myself by bursting into tears. Here was a beautiful fat woman—seriously fat, not simply un-skeletal—winning an award over the likes of Amy Pohler and Tina Fey.

I couldn’t stop crying. It was as if some huge shift was happening in my own consciousness as well as that of the ATAS voters. I had a glimmer of hope that maybe things were moving back to sanity. Later that evening, I Googled Emme and found she has a new website, Emme Nation http://emmenation.com/ full of new messages to women about honoring ourselves, no matter what size the bodies our genes and age dictate.

This all happened the same weekend that FOOD OF LOVE finally made its US debut—thirteen years after I wrote the first version.

I am so blessed that a small US publisher, Popcorn Press, liked my blog enough that they contacted me and asked about my out-of-print books—and then liked the books well enough to publish them. With a fresh edit and a gorgeous new cover, the book is as relevant today as when I wrote it—maybe more so, because a whole generation of young women haven’t been able to hear its message. Most women still need to learn to stop “oppressing our ownselves”—and love the bodies we were born with.

FOOD OF LOVE is about living life to the fullest and honoring our own passions—whether for food, music, faith, or an all-consuming romantic love.

********

Anne R. Allen blogs with NYT bestselling author Ruth Harris at Anne R. Allen’s Blog

She’s the author of five comic mysteries debuting this fall with two publishers: Popcorn Press and MWiDP. FOOD OF LOVE is available in ebook on Amazon. The paper version is available for pre-order at Popcorn Press.

Upcoming titles: THE GATSBY GAME (October 2011) GHOSTWRITERS IN THE SKY (October 2011) SHERWOOD, LIMITED (November 2011) and THE BEST REVENGE (December 2011.) Paper versions will be available at Popcorn Press.

Anne is also working on a nonfiction self-help handbook for writers with PAY IT FORWARD author, Catherine Ryan Hyde.

Elliot Grace: SOUTH OF CHARM

Today I am two places at once. Here interviewing Elliot Grace, to kick off his blog tour-- and I'm over at Jennifer Lane's blog being interviewed by her. Because I am awesome at multi-tasking!


Since this blog deals mainly with writing, editing and publishing issues, I asked Elliot about his process of getting South of Charm published. 

Elliot, How did you happen to write South of Charm?  

-I'd certainly prefer to respond with a distinguished answer, something to the effect of dreaming up the entire story one evening while basking under an expiring sunset along Siesta Key, the skies ablaze with color as the wheels in my head start churning out words by the dozen.  "South of Charm" was actually inspired from a series of childhood events.  I added to my notes over the years, created a few interesting characters, dramatized things a bit, and thought perhaps it could someday make for an enjoyable story.  The project collected dust for a while as other stories took precedence.  But "Charm" was persistent, never allowing itself too much distance from my thoughts.  Eventually I committed to the project, and three years later had a decent manuscript that I felt was ready to share with potential suitors.  

How did you find your publisher?  

Following the usual gauntlet of rejections, I found myself at a local book fair, conversing with one of several featured writers on display, when by chance, I met up with David Wiesenberg, an editor representing Wooster Books Publishing.  Upon his request, I pitched to him my idea, basically just the highlights off the top of my head.  A few days later he sent me an email, this time requesting a full read.  Several weeks later I was signed.

What was the editing process like? 

The editing process became an exhaustive commitment lasting nearly a year and a half, with David, ever the perfectionist, leading me in the right direction, while never overstepping his authority.  The hands on approach of an indie publisher played out just as I'd read on many websites and tutorials.  A personable staff who were always available to lend advice, be it a major conflict with the cover design, or simply an ear to lend to a writer's concern's.  

"South of Charm" was released in May, and while making a fighting effort at keeping pace with the big shots of the publishing industry, has done well locally.  Enough so, that I'm considering a return to Wooster Books for the second release, whenever that day may come ;)

From South of Charm by Elliot Grace:

...we're huddled in the far corner of my bedroom.  Arms wrapped around our knees in the dark.  The approaching footsteps grow louder.  Ominous thuds.  Our mother-but somehow not.  She's standing outside my door.  We listen to the creak of hinges.  My sister clenches my arm.     

"She's coming," she whispers.  "She's broken."


To purchase on the Kindle
To purchase print copy

Elliot, I am honored that I got to kick off your blog tour, and thrilled that you answered all my nosy questions. I wish you every success for South of Charm!

EEl

Don't be Depressed about: Career or Writing or Reviews or Book or Blog

Sometimes it seems like there's a lot to be depressed about but my advice is: don't worry about any of it. P.S. I am not a licensed professional

What if nobody likes your book? (just write another one)

What if you can't find a publisher? (improve your work and keep trying)

What if you got some bad reviews? (they are just as important as the good ones)

What if the writing isn't going well? (it often didn't go so well for Hemingway either, or Steinbeck or Dickens or-- fill in the blank)

What if your career isn't happening like you expected? (nobody's is, except for maybe Mark Zuckerman and Jeffrey Bezos)

What if your blog doesn't have enough followers or comments? Now that I can do something about!!

Stop by tomorrow for my big bash, KarenG's Labor Day BBQ. Bring food (I like food) and be prepared to add some spice to the lazy summer blog routine. Find new blogs, get new followers, and jazz up the blogosphere with shared enthusiasm! See you tomorrow then.

As I See It: Publishing Snobs and How to Ignore Them

My Monday rant is about publishing snobs, who are fairly common in this industry. They say things like if you self-publish it's shameful and your book is going to suck. Or that snagging an agent means you're smarter and more talented than those who don't. That going with a small press won't help you and might even hurt you.  

Publishing snobs. Those people who have rules over how it has to be done, and if you don't follow the rules, then what? You're a loser? You're not a real writer? Or a real publisher? That you'll never make it? Whatever it is.

This kind of publishing snobbery has been going on for centuries. Charles Dickens was looked down on because he went to the people with his stories and printed them in magazines. Stephen King was considered a hack for two decades, despite all his bestsellers. Now we have Joe Konrath  who followed the rules for years and struggled to make a name for himself and his work. Then he stopped listening to the publishing snobs, practically single-handedly started the ebook revolution and now everyone knows his name. He is a hot commodity. He still writes the same, but goes his own way and ignores the naysayers while making more money than ever before.

More stupid snobby rules--

If your book isn't reviewed in _____________it must not be good. 

If you write a certain kind of genre you're selling out. 

A press who prints on demand is the devil. 

A book has to be in Barnes and Noble or it doesn't count. 

If you self- publish on Smashwords or Kindle it's not a real book. 

The publishing and literary snobbery goes on and on. I'm sure you've all heard it.

Some dishonest people spend their time figuring out how to separate the gullible and desperate from their money. Writers can be as gullible and desperate as anyone, so we have to be smart and research things carefully. But once a friend makes a decision about his own personal writing career, it's time to be supportive not critical, and go buy his book.

If I choose to go through an agent for many good reasons (see this agent's post) that's awesome, but it isn't the only way, or the only right way. The more writers blog and network with each other, the stronger we get and the easier it becomes to turn our backs on the publishing snobs of the world.

If I write, I'm a writer. And I keep writing until I get published. Then I'm an author. If a company pays to edit, typeset, design and print books for sale, they are a publisher whether they're located in New York or Nebraska.

If they publish your book, then you're a published author. If you publish your own book, you are a published author. Now keep in mind, it goes without saying that if you self-publish a crap manuscript you will get a crap book and people won't read it. But there are literary works winning prizes that people don't read either, so you're in good company. The difference is in the prizes.

If your book or story or article is published, whether on print media or online, then you are a published author. So don't be shy. Call yourself a writer. You are a writer. Or an author. Your poem was accepted for publication? You're an author. Say it loud and clear. Don't be embarrassed. It counts. It all counts. Don't let anyone tell you otherwise.

Writers are all over the internet blogging, supporting and encouraging each other. This is a whole new world. We have each other, we are everywhere, writing and finding an audience. There are many ways to find that audience, it's no longer just one set of rules. Go for it, and don't be intimidated by the publishing snobs. At least that's how I see it.

The Secret to Getting Published

What it's not:

• Having an idea no one's ever used before. (There's no such thing. Shakespeare saw to that and Dickens took care of whatever Shakespeare might have missed.)

• Being famous or related to someone famous. (It might get you noticed but there's got to be some talent to back it up. Still, they might put your face & name on a ghost written book, if you're really famous.)

• Writing the perfect query. (Be natural, be normal not needy and let your story speak for itself. There is no perfect query format. Even if there were, and you write it, how many query letters do you see for sale at Borders?)

• Getting the busiest and best-looking agent on the internet. (That one who looks like Tom Cruise comes to mind.)

• Getting a degree in creative writing. (Helpful, since hours of creative writing are required to get said degree.)

• The result of a highly popular blog with tons of followers. (Notwithstanding the scene in Julie Julia where 6 dozen agents leave pleading messages on her voice mail.)

Although if you have achieved any of the above points, you are fortunate indeed, (especially if you have that agent who looks like Tom Cruise). And you are definitely farther along the path to publication than the guy next door who says he's writing a novel but spends all his time on the Wii.


Then what is the secret to getting published? Come closer and I'll tell you. Are you ready for this?



You have to want it more than you want anything else. You must want it with every fibre of your being.



The rest of the secret:

• You will need to give up stuff to write. Lots of stuff. Like maybe, free time and all the fun things you see other people doing. Be responsible and prioritize (especially if you have young children). But make time to write.

• Writing well isn't easy or fast. It's a long, slow slog into awfulness involving disappointment, discouragement, depression and all those other "d" words until you begin to see a bit of light at the end of the tunnel. Be prepared for the long haul.

• Never quit until your prose sparkles and jumps off the page, until your characters come to life and your story strikes a universal chord. You may have to write six novels (like Talli Roland did) before you finally write the one that's got IT. Or spend ten years on one manuscript until it becomes a novel worth publishing. (Hello Uncut Diamonds.)

• Seek out and research every agent, every publisher, every avenue to publication that you can find. Don't be a publishing snob, thinking that only the best will do. A small press or an unknown and/or less attractive agent may offer you a contract and provide invaluable experience with editing, publishing and marketing.Your book could be on store shelves while your friend who snagged that extremely good-looking much busier agent is still waiting for an offer.

• If, after extensive research, you choose to self-publish or epublish, you won't rush into it with a poor quality piece of work. Nor cut corners on editing, design and typesetting, because you know that, in the end, it means nothing unless  readers (who are not your relatives) willingly shell out cash for your book.

• One finished manuscript or one published book is only the beginning. This is a career not a hobby. Never rest on any hard-won success. Celebrate then get back to it. Your best work may not yet be written.

• You might get lucky and hit the big time fast, but then what? Keep going. And going. Stephen King wrote On Writing after an accident that nearly killed him. He was in so much pain he could barely write for thirty minutes at a time-- a man with countless bestsellers to his name and plenty of money-- yet he did not stop writing.

There it is people. The secret to getting published. Go after it!

How I Got Published after Giving up on the Dream

I posted about this once before here, but I thought I'd go into more detail on how I happened to publish a book that would never have gotten picked up by an agent, never gotten a publishing deal and in fact was rejected numerous times as being "too short," "too personal," and "not marketable." Even WiDo Publishing's distributor didn't want it, saying, "I can't sell books like that. I had one similar to it. The author promoted, did signings and everything, but he barely sold 1000 copies. So thanks but no thanks."

Truthfully, I had given up on ever being published. What I like to write, and what I like to read aren't generally the kinds of books being published in today's climate. (why I read mostly classics) I just got lucky with Farm Girl.. And since then, I've been looking really hard to find other unlikely books that snuck through the cracks to somehow see the light of publication. Eat, Pray, Love by Elizabeth Gilbert is one of them. What an amazing surprise hit that was! Who would have thought that a book written by a depressed divorcee heading off to find spiritual healing through eating pasta and washing floors at an ashram would become a bestseller?

At first, I didn't intend Farm Girl to be published. I planned on putting together a little printed booklet of my mom's stories to surprise her on her 90th birthday, and to pass out to family members. Until it came together and I saw the possibilities. That's when I submitted it to several small and regional presses, thinking they might be interested. No dice. But then, through a series of (fortunate) events, an investor saw it and wanted to launch a publishing company with this unlikely little book as the first release. And since my family members had been involved in the editing and design, he wanted them on board as editors and as the typesetting/design team. I got sucked in later on and now work as an editor for WiDo Publishing.

Now I'd love to tell a rags to riches story here about how Farm Girl went from being the book nobody wanted to publish to the book that everybody wanted to read. Hahahahahhahahahhaha *laughing hysterically* That's not what happened. Although I always hold out hope lol!! And there were people who read it who said, "You can sell a million copies of this book!" (What were they smoking? Nothing, they were little old ladies who read it and loved it. Not a huge book-buying demographic. Oh, and one 12 year-old fantasy-loving girl who couldn't believe she liked it so much.)

Farm Girl sold well beyond 1000 copies and still sells. It has something that appeals to readers of all ages. It touches the heart. But it would never have gotten an agent or a publisher through traditional means. It still wouldn't snag an agent, if that's what I wanted, because sales aren't remarkable. But the publisher wasn't expecting a bestseller. He wanted it as a first release and as learning tool. He also wanted everyone involved to be on board with future releases.  WiDo remains a very small company, with only 4 books out, two of them mine, and several more planned for release this year, with another half dozen in editing. The investor is very cautious and careful and picky.

No, Farm Girl isn't the big seller an author dreams of, but I felt vindicated after all those initial rejections when the first review came out in the Omaha Reader, saying "It concerns real life, relatively ordinary activities, drawn with the precision of a Norman Rockwell painting." And I feel rewarded every time someone who reads it contacts me and tells me what it meant to them.

Moral of this too long as usual story? I'm not sure the post got too long and I forgot my point-- you tell me. Never give up on your dreams? Write what you want regardless of the market? Just because you can't get an agent doesn't mean you can't get a publisher? Whatever the moral is, I hope that my experience gives encouragement to others who feel rejected by the current publishing climate, perhaps because they're writing something that just isn't selling right now.

(I'm fascinated by other writers' paths to publication, especially when it falls outside the box. If you have a story you want to share, contact me because I'm thinking of doing a series of feature interviews on writers who have gotten published by luck or chance or through nontraditional channels.)