Writers Talking About Writing
AUTHORS - Read Your T&Cs!
With all the recent media attention on the pending Healthcare Bill and whether our elected representatives are actually "reading the bill" before signing it into law, I thought I'd take a moment to emphasize the importance of reading (and understanding) all the paperwork we as authors must contend with in our daily lives.
As you know, earning a living in today's publishing arena is vastly different and greatly more complicated than the world our predecessors faced just 20 short years ago. Today's authors must track and wrangle agent agreements, publisher contracts, hosting agreements, domain registrations, marketing agency contracts, international publishing agreements, photographer copyrights, royalty-free licenses, social networking site terms and conditions, self-publishing contracts, and that's just to name a few. Whew!
Here's where a good (and contract-savvy) agent comes in handy. At least you're partially covered. Negotiating the finer points of your contract with your publisher definitely ranks as number one on your to-do list, and that can be handled by a smart agent – if you have one. But what about the mountain of clauses, declarations, restrictions, indemnifications and terms for termination you encounter from all the third-party services you've committed to with your signature to your bottom line?
Okay, fear not. I'm not here to scare you. Take a deep breath. It's not as overwhelming as you think.
Here is my advice to you. First make a list of all the contracts you've signed with an actual pen (i.e., publisher contracts, self-publishing agreements, literary agent contracts, marketing agency and PR contracts, etc.) and all the service agreements you've clicked the "I agree" box with your mouse (i.e., AOL, FaceBook, MySpace, your website hosting company, Internet service provider, Google AdWords, GMAIL, etc.).
Now, rank them on a "gotcha" scale (something I created for myself):
1) High risk (i.e., you don't get paid, you lose copyrights, you lose other rights, etc.)
2) Medium risk (i.e., a big headache to fix, such as losing your domain name, your website goes down, privacy has been breached, etc.)
3) Low risk (i.e., social networking site terms and conditions, software licenses, conferences you signed up for, etc.)
Now, look at your list. If you don't understand something or if your gut tells you to look into something further because it doesn't FEEL RIGHT or LOOK RIGHT, ask for help (the legal type is best, unless you are a business attorney or contracts negotiator).
It is safe to say that we've all been burned at one time or another during our writing adventures, and most writers are willing to help their peers avoid some painful and costly mistakes. What I'm saying here is that maybe all you need to do is reach out to more experienced authors before heading to the legal office down the street. Read blogs, read articles, shoot emails to authors you know and respect. You will probably find answers. If not, at that point you might consider a lawyer.
We know a bit about contracts. We field minor questions from time to time from worried authors. Sometimes the answers are plain as day. Sometimes we have to dig a bit. We also have experience as authors from which to draw. However, we are not a legal team. We don't know everything. We are here if you have a couple of questions though. We'll put our heads together for you.
Book Candy Sandy
sandy@bookcandystudios.com
www.bookcandystudios.com
(949) 613-2099
As you know, earning a living in today's publishing arena is vastly different and greatly more complicated than the world our predecessors faced just 20 short years ago. Today's authors must track and wrangle agent agreements, publisher contracts, hosting agreements, domain registrations, marketing agency contracts, international publishing agreements, photographer copyrights, royalty-free licenses, social networking site terms and conditions, self-publishing contracts, and that's just to name a few. Whew!
Here's where a good (and contract-savvy) agent comes in handy. At least you're partially covered. Negotiating the finer points of your contract with your publisher definitely ranks as number one on your to-do list, and that can be handled by a smart agent – if you have one. But what about the mountain of clauses, declarations, restrictions, indemnifications and terms for termination you encounter from all the third-party services you've committed to with your signature to your bottom line?
Okay, fear not. I'm not here to scare you. Take a deep breath. It's not as overwhelming as you think.
Here is my advice to you. First make a list of all the contracts you've signed with an actual pen (i.e., publisher contracts, self-publishing agreements, literary agent contracts, marketing agency and PR contracts, etc.) and all the service agreements you've clicked the "I agree" box with your mouse (i.e., AOL, FaceBook, MySpace, your website hosting company, Internet service provider, Google AdWords, GMAIL, etc.).
Now, rank them on a "gotcha" scale (something I created for myself):
1) High risk (i.e., you don't get paid, you lose copyrights, you lose other rights, etc.)
2) Medium risk (i.e., a big headache to fix, such as losing your domain name, your website goes down, privacy has been breached, etc.)
3) Low risk (i.e., social networking site terms and conditions, software licenses, conferences you signed up for, etc.)
Now, look at your list. If you don't understand something or if your gut tells you to look into something further because it doesn't FEEL RIGHT or LOOK RIGHT, ask for help (the legal type is best, unless you are a business attorney or contracts negotiator).
It is safe to say that we've all been burned at one time or another during our writing adventures, and most writers are willing to help their peers avoid some painful and costly mistakes. What I'm saying here is that maybe all you need to do is reach out to more experienced authors before heading to the legal office down the street. Read blogs, read articles, shoot emails to authors you know and respect. You will probably find answers. If not, at that point you might consider a lawyer.
We know a bit about contracts. We field minor questions from time to time from worried authors. Sometimes the answers are plain as day. Sometimes we have to dig a bit. We also have experience as authors from which to draw. However, we are not a legal team. We don't know everything. We are here if you have a couple of questions though. We'll put our heads together for you.
Book Candy Sandy
sandy@bookcandystudios.com
www.bookcandystudios.com
(949) 613-2099
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Keep a few things in mind as you post here:
1. Posts are public.
This is a public forum and all posts are archived on the web. Bottom line, don't say anything here you wouldn't want everyone (and I mean EVERYONE: your mom, your little brother, your future employer) to see. Forever.
2. Be On Topic.
This is a group of writers. We're here to talk about writing, the creation of writing, the business of writing, events about writing. We are also a community of friends to some extent, which means that on occasion, non-writing topics will come up. Use the Start a New Discussion link if you want to change topics, and be sure to Title and Tag your post appropriately. That way your fellow writers will be able to scan the list of active discussions and see which ones are of interest.
3. Be Respectful.
Don't really foresee a problem here, but we gotta say it anyway. Disagreements are fine, but please please don't resort to personal insults and/or name calling. Mean people are not cool and harassment, intentionally inflammatory remarks, and bigotry will not be tolerated.
4. Privacy.
We'll respect yours. We won't give away or sell names, contact information, etc. Please do the same for your fellow community members.
5. SPAM. Don't.
6. Ads.
Part of the deal with using this wonderful, free online tool (ning.com) is that it has Ads running along the side. We can upgrade to a professional account, but it will cost $20 per month, so if it bothers you, be prepared to pony up.
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