Writers in the Storm

Susan Spann

As a publishing lawyer, I often hear from authors hoping to terminate old (or unfortunate) publishing contracts and obtain a reversion of rights to their works.

Rights reversion is tricky, especially when the contract doesn’t give the author the right to terminate without the publisher’s agreement or approval. However, it’s important for authors to know their rights (and options) when it comes to requesting contract termination and a reversion of their rights to published works.

Here are the steps an author should follow to try and obtain a reversion of rights from a traditional publishing house.

Step 1: Review the contract.

 Most publishing contracts contain language that controls when and how the contract can be terminated (and rights reverted), and by whom.

If the contract allows you to terminate, follow the instructions in the contract to request reversion. The process normally requires the author to send a written notice to the publisher (often, by certified mail) stating the reasons for termination and reversion. Comply with the contract terms exactly. If you have questions, don’t understand the contract, or can’t tell if reversion is permitted, consult a publishing lawyer (or agent).

Step 2: Ask the publisher to agree to a reversion.

If the contract doesn’t give you the right to request reversion, or if your current situation doesn’t meet the contract’s requirements for termination, you can still ask the publisher to agree to terminate the contract and revert your rights. Legally, the parties to a contract can always terminate the agreement by mutual agreement, even if the contract doesn’t say so.

Some publishers will agree to terminate a contract and revert the rights to the author if sales have dropped so low that keeping the work in print becomes a burden. However, the publisher has no obligation to agree unless the contract requires it, so be sure your termination request is polite and professional—and be prepared for the fact that the publisher may exercise its right to say no.

Step 3: Consult a publishing lawyer.

If the contract doesn’t grant you termination rights and the publisher refuses a polite request for termination, consult an attorney for an evaluation of your individual rights and obligations under the contract.

However, in most cases the author’s right to terminate a contract and obtain a reversion of publishing rights is controlled—and limited—by the contract language.

If the contract doesn’t give you termination rights, and the publisher hasn’t violated the agreement, you may not be able to force termination or obtain a reversion of rights—at least for the moment.

Step 4: In future contracts, insist on unilateral termination rights and out-of-print clauses tied to royalty-bearing sales.

This doesn’t solve the problem with your old agreement, but it helps ensure you don’t end up in this situation again with another work.

Make sure your future publishing agreements contain:

1. A unilateral right for you (the author) to terminate the contract if the work goes “out of print” and
2. Language defining “out of print” status to a specified number of royalty-bearing sales within a stated period. (For example: “the Work will be “out of print” if Publisher fails to sell at least 250 royalty-bearing copies of the Work in any twelve consecutive months during the term of this agreement.”)

Sometimes the publisher may require an additional 6-12 months to increase sales and return the work to “in print” status before the author can terminate. Some version of that is fairly standard.

Giving the author the right to terminate the contract if the work goes out of print (as measured by sales numbers) makes the contract more balanced and stops the publisher from claiming the work is still “in print” as long as the ebook is available for sale.

Unfortunately, once a contract is signed, an author’s rights are generally limited by the contract terms (unless the publisher breaches the contract or agrees to termination).

When it comes to publishing contracts, the best defense is a good offense—so negotiate for fair and effective termination rights before you sign.

Do you have additional questions about a reversion of rights? Other contract issues you'd like explained in a future post?

ABOUT SUSAN

Susan Spann is a California transactional attorney whose practice focuses on publishing law and business, and is also the author of the Hiro Hattori (Shinobi) mysteries, featuring ninja detective Hiro Hattori and Portuguese Jesuit Father Mateo. Her fourth novel, THE NINJA’S DAUGHTER, released from Seventh Street Books in August 2016. Susan was the Rocky Mountain Fiction Writers’ 2015 Writer of the Year, and when not writing or practicing law, she raises seahorses and rare corals in her marine aquarium.

Find her online at http://www.SusanSpann.com, on Twitter (@SusanSpann), and on Facebook (/SusanSpannBooks).

I’m assuming pretty much everyone out there has either done the hokey pokey or been amused by a group of kids doing the hokey pokey at some point in their lives. It’s one of those rights of passage and some of us are unfortunate lucky enough to get to experience it over and over.

You put your right hand in,
You put your right hand out,
You put your right hand in,
And you shake it all about,

You do the hokey pokey
and you turn yourself around
That what it's all about.

The other day I was chatting with a non-writing friend about my upcoming book launch and the various things writers do as part of the “job” of being an author. Mid-discussion it suddenly dawned on me ... I’m doing the writer equivalent of the hokey pokey.

Stay with me, folks …

“You put your right hand in” … designing your website

This is the place many of us start. It’s the safest of the “establishing your platform” checklist items. And one of the easiest (although if you’re left-handed this and the next item would probably be switched for you).

For those just starting, it’s hard to think what to put up there. But here’s a little incentive for ya … years ago, an agent contacted me because she stumbled across my website and loved the description of my WIP. It wasn’t anywhere near ready but a year later when it was, she remembered me and promptly requested the full. Okay, so it’s a long-shot that an agent will find you like this, but hey, it can happen. And even if that scenario doesn’t play out, an agent will be looking at your website when (not if) they’re interested in you and your book!

Then, of course, is the connection with readers. I love getting emails from people who’ve read my book and then checked out my website to learn more about me.

“You put your left hand in” … blogging

For some, this is a no-brainer. For others, it’s a tough slog up a muddy hill in slippery shoes. Blogging is like doing anything with my left hand. Hard. I struggle more with writing blog posts than with writing novels. Every. Single. Time.

I put my blogging hand in, take it out, whine a bit, rewrite a lot, wine whine some more, then under threat from Laura, post it, and that’s what it’s all about. With a bit of luck, my posts are helpful and/or interesting (amusing?) to others, but after all the whining and complaining, I almost always walk away having learned a little something about myself.

I can’t promise that you’ll learn something from doing the hokey pokey (except maybe what body parts don’t move as easily as they used to), but I’m pretty sure you will from blogging.

“You put your right foot in” … joining Twitter

I joined the Twitter party when everyone told me that’s where I had to be. I still stick my foot in the middle every so often, but I always feel off balance and promptly put my foot back down and step away. It’s just not a natural fit for me. I know a lot of folks who can’t live without their Twitter.

The message here is to try. And remember to step back before you fall and embarrass yourself. J

“You put your left foot in” … joining Instagram

It took a while to finally jump in with my Instagram foot. It seemed like something more appropriate for my kid. But now that I’m in, I’m having fun shaking it around, maybe because I feel more balanced and that gives me the confidence to shake harder.

It’s quick but it makes me think. And since I’m a visual person, this appeals to me more than Twitter.

“You put your head in” … setting up Pinterest boards

Pinterest is one of those places that if you’re not careful, you can lose your head and an entire week (or more; definitely more). The more you shake, the more you find and holy cow, how much fun is that?!

I’m still getting my bearings about me but I have boards for each of my books and have started ones for various other interests.  

“You put your butt in” … entering the world of Facebook

Does anyone else feel ridiculously exposed on Facebook? Kinda like when your bum is out there for all to see? Yeah, that’s what Facebook does to me.

But it’s also one of the best places to “meet” other authors and readers and it’s the social media hangout I spend the most time in. My author Facebook page is still fairly new and there’s still quite a bit of cross over between what I post on my personal page, but I’m getting there. Despite being a reluctant troll, I feel more comfortable here than most of the other platform spots which means I do way more shaking over here (luckily for my followers, I’m not posting videos).

“You put your whole self in” … promoting your book

The closer we get to May 2, the more people want to hear about my book. I love talking books and writing, but talking about MY book makes me sweat. But here’s what I’ve learned, to play the publishing hokey pokey successfully, I HAVE to put my whole self in – there’s no skipping this step.

Yesterday, I was at a Barnes & Noble buying something for my son (okay, okay, and for myself) and got into a discussion with their senior bookseller (actually, my son ratted me out as a writer; I’m still a nervous novice). She was delightful and generous and so very excited, and I left the store with a bag of ideas (and books).  

I even have a couple of book events lined up in support of my book launch, which is a huge stretch for this Troll Queen introvert.

We write because we want people to read our words. And for that to happen, we have to promote our books. So here I am, shaking everything I’ve got, turning in circles, talking the talk, and guess what … except for tweaking my back during a shake and turn, I’m actually enjoying it a bit. J

I admit that I still bypass some of the “moves.” Not everything works for me and that’s obvious by the effort I put into it. Instead of falling on my behind, I step out of the circle on those. I know where I’m most effective and those are the ones I shake harder and pirouette like a ballerina.  

Who’s doing the hokey pokey with me? Joining in on only a few of the moves or shaking and turning for all you’re worth?

About Orly

Orly Konig is an escapee from the corporate world, where she spent roughly sixteen (cough) years working in the space industry. Now she spends her days chatting up imaginary friends, drinking entirely too much coffee, and negotiating writing space around two over-fed cats. She is a co-founder and past president of the Women’s Fiction Writers Association, and a member of the Tall Poppy Writers. She is rep’d by Marlene Stringer, Stringer Literary Agency LLC.

Orly’s debut, The Distance Home, will be released by Forge on May 2, 2017.

You can find her on on Facebook, Instagram, Pinterest, Goodreads, or on her website, www.orlykonig.com.

 

Angela Ackerman

Taking the time to choose the right setting for each scene is one of the best ways to ensure our writing has impact. Why? Because the setting touches everything. It can characterize the story’s cast, evoke mood, generate conflict, shape the plot, and even use symbols and emotional triggers to show readers what the protagonist fears, yearns for, and needs most of all. Setting is a formidable tool to wield in fiction, so much so that Becca and I dedicated not one, but two books to showing writers how to use it more effectively.

When described well, a specific location will draw readers into the scene’s action and the mindset of the POV character at the same time. Our description should provide an experience, encouraging readers to emotionally invest. Thinking outside the box to pick a setting that is unique works great to achieve this, but sometimes genre or story logic narrows our options, forcing us to take a different route.

Some settings tend to get used more than others in fiction, such as forests, parks, restaurants, and bedrooms. Genre can influence this, like the high school hallways and locker rooms found in YA fiction. Or plot may demand a specific setting, which unfortunately happens to be a bit on the bland side. Either way, to avoid boring readers who have experienced these settings many times before, we have to work harder and keep interest levels high. Here are three techniques to help you make any setting, even a boring one, pop!

Customize the Familiar

If you are unable to use a setting that is fresh because of your plotline or the expectations of a genre, don’t worry, the setting can still be reinvented. For example, a static location like a high school hallway (dull, scuffed lockers, milling students, and shut classroom doors) will have a signature look if the school prizes creative expression. Eclectic wall murals, lockers painted a rainbow of colors by students, and posters asking for entries for an art show will each put a unique stamp on this setting. Or try another customization and imagine how the hallway will look if decorated for a holiday or a celebration specific to the school. What if a water pipe were to break, flooding the hall with water, or worse, sewage?

Even through routine this boring hallway can transform. Think of the last day of school when kids pack up personal items and escape, leaving the rest of their school DNA bleeding from half-open locker doors or crammed into overflowing trashcans. Bottom line: your imagination is what flavors a setting, so open your mind to the possibilities.

Play With Light and Shadow

Things look different at night. I don’t know about your bedroom, but in mine, the ceiling fan above my bed becomes a gangly netherworld creature ready to take me out at 2 am, and my digital clock morphs into a video camera display (thanks to reoccurring “being watched” type nightmares my brain likes to feature). Anyway, the point is, changing the quality of light can transform a setting and cause an emotional response. Because people view light and dark as symbols for “safe or not safe,” and “good or bad,” we can use this to our advantage. Darkness can warp even the most innocent location and bright light can make a dangerous place seem safe, lowering the character’s (and so reader’s) guard. So play with light and dark, thinking about how dingy windows, the time of day, spotty electricity, moonlight, or even the dying embers of a fire can steer your reader’s perceptions.

Use Weather Elements

Bringing the real world into our fiction gives it authenticity. Yet, many writers choose to walk on the bland side when it comes to weather: it’s sunny out, or there’s a breeze. Maybe some fog rolls in. This is usually because of the understandable worry that clichéd description might sneak into our writing (but this previous post can help with that concern).

There are many incredible types of weather elements that can be used, so don’t be afraid to explore something different as long as it works with the location. Weather is terrific at building mood, and because we are tactile creatures, people are very alert to temperature shifts and how the air feels on our skin. Weather also draws out emotions, making people feel a certain way, and can even add a nice bit of complication to the action as it unfolds.

Even with indoor locations, it is possible to bring weather in through the earthy scent of mud crusting one’s shoes, a snow-damp coat being hung to dry, or the persistent fingers of cold that reach up through the floorboards, sending your character closer to a space heater. Sensory details triggered by weather elements can bring about that realism our audience expects to see and will help customizes their experience.

What techniques do you use to make a bland setting unique and interesting? Let me know in the comments!

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 Angela Ackerman is a writing coach, international speaker, and co-author of The Emotion Thesaurus: a Writer’s Guide to Character Expression, as well as four others bestselling writing guides. Her books are available in six languages, are sourced by US universities, and are used by novelists, screenwriters, editors, and psychologists around the world. Angela is also the co-founder of the popular site, Writers Helping Writers, as well as One Stop For Writers, an innovative online library built to help writers elevate their storytelling. She loves connecting, so please say hello on twitter, facebook and instagram.