Writers in the Storm

Susan Spann

“Option clauses” or “options,” are a provision in a publishing deal that gives the publishing house a “right of first refusal” on the author’s next work. While this initially sounds like a great idea – most authors want to continue being published – traditional option clauses often contain some traps that authors should avoid.

Here’s an overview of what authors should look for – and negotiate – in the option clause of a publishing deal:

1. “Right to Publish” vs. “Right to Negotiate.” The option clause should give the publisher the exclusive right to negotiate contract terms for publication of the optioned work – not the right “to publish,” and especially not the right to publish the optioned work on the same terms as the original contract. If the publisher wants the automatic right to publish author’s next book on the same contractual terms, the publisher should be offering the author a two-book deal from the start.

2. Option Limited to Author’s Next Book in the Same Series (or Genre). Many option clauses give the publisher an option on the author’s “next work” (without any limitations) or, worse, an option on all of the author’s future works. Options should be limited to the author’s next book-length work in the same series only (or in the same, specified, genre, for standalone books). Note: Limiting the option to “book-length” works prevents the option from including novellas and short stories.

3. No Limitations After the Publisher’s Refusal. Some option clauses try to limit or restrict the author’s ability to sell the optioned work, even if negotiations with the publisher fail to produce a contract. Some of these limitations state that, even if the option fails or the publisher rejects the optioned work, the author can sell the work only to a publisher that subsequently offers “better terms” for the work. Other option language gives the original publisher a right of first refusal to match any subsequent offers the author receives for the optioned work (even after the original publisher rejects it or if option negotiations fail). This is not fair to the author. Option clauses should not contain any language that limits the author’s right to sell the work, or to publish it elsewhere, if the publisher fails to negotiate an acceptable contract for publication of the optioned work during the original option period.

4. Time Limits On Option Period. The publisher’s option should be limited to a specific amount of time – normally 45-90 days, total, for review of the optioned work and contract negotiation. The clause should state that the publisher’s failure to make a decision, or reach acceptable contract terms, within that time will constitute refusal of the option work (which terminates the option). Otherwise, the author could end up waiting indefinitely for the publisher to make a decision, or stuck in contract negotiations that never reach an end.

5. Description of Option Materials. The option clause should specify whether the author has to provide the entire manuscript of the optioned work or merely sample chapters and a synopsis. The Author’s Guild recommends that options be based upon sample chapters, rather than full manuscripts, especially for established authors. While not all publishers will negotiate this requirement, it’s worth asking the publisher to consider sample chapters rather than a completed manuscript, especially for series fiction.

6. Timing of Delivery for Option Works. Some option clauses limit how quickly an author can deliver the option work for consideration. In many cases, the author cannot deliver an option work until after the publisher has accepted the work that’s governed by the contract (in the case of multi-book contracts, options normally aren’t considered until after acceptance of the contract’s final manuscript). Negotiate to ensure that any such limitations are reasonable and in line with your writing speed and career plans.

The good news is that many publishers will negotiate the option clause, as long as authors or their representatives ask for changes. However, authors should beware of publishers that refuse to negotiate harsh option language – especially options that give the publisher rights to “claw back” optioned works even after an initial rejection.

Do you have option clauses in your publishing contracts? How do you feel about options in publishing deals? 

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).

Someone I know is going through a personal tragedy that has rocked my insides to the point I can't think about it without bursting into tears. The idea of dealing with something like this paralyzes me.

I was talking to a writer friend about it and her response was typically writerish - "Oh my god, you have to incorporate that into your book. You have to go there."

It's great advice. Use that raw emotion and make your reader feel every last gut wrenching sob. And I’m sure all of us have, at some point or another, used personal fears, heartbreak, experiences to push a scene to the next level.

I do it all the time. A character in my WIP is dealing with a situation similar to one I went through and there have been plenty of times that I’ve squirmed having to relive some of those emotions. It would be easier to stop, change the scenario, give my character a break, but then I’d have a far less satisfying book.

But with this situation, I won’t go there. Not can’t … WON’T.

Here's the thing ... I don't believe that if you wish for something hard enough it will happen or if you talk about a dream or fear it will come true. But I also have a teeny, tiny little part that doesn't fully not not believe it.

There are topics that I’m not willing to explore as an author because, to be quite honest, I’m afraid to know what it feels like to deal with it. I don’t want to ever have to know what it feels like, not even through research.

I admire authors who will take those gut-wrenching topics and break your heart at the same time they make you have to keep turning pages.

That's not me. That’s not why I write.

I write because it helps me sort through my thoughts and feelings. I write so that I can release those thoughts and feelings. I write because I enjoy writing. So why release thoughts and feelings I don’t want to sort through? Why write about topics that scare the crap out of me?

“Because it’ll make you a stronger writer.”
“Because it’ll make your stories richer.”

Maybe this makes me a lesser writer or a weaker person, but no. Just no.

As a reader, I choose what books I want to spend what free time I have with. And I’ll put down books that deal with issues I don’t want to read about. That’s not a reflection on the author. I’ve stopped reading some amazing books because I couldn’t go there. There are best-selling authors I steer clear of. Is it a negative reflection on me? Some people would say yes. I disagree.

There’s enough to be scared or unhappy about in this world and we all have our thresholds of where we’re willing to go emotionally.

As a writer, there are topics I keep closed in my heart. I’m afraid to let them out, not because of the complexity of writing those emotions – I can do that – but because of feeling those emotions – I won’t do that.

I will however, syphon the very last drop of emotion I can from the topics I choose to write about. I’ll write about overcoming betrayal and losing your self-identity. I’ll explore the heartbreak of a lost friendship and the turmoil over a decision that will turn your life upside down.

As a writer, I don’t owe my readers to go places I’m not comfortable going. There are plenty of other authors willing to go there instead. I owe my readers the best story I can tell. Those are the emotions I’m going to focus on.

Now I want to hear from you ... are there topics you avoid or do you push yourself to write about those hard to stomach issues?

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 Twitter at @OrlyKonig, on Facebook at OrlyKonigAuthor, or on her website, www.orlykonig.com.

Becca Puglisi

As authors, we all know the importance of engaging our audience within a book’s first few pages. It’s called grabbing the reader: captivating them in a way that makes them want to stick with the story to its end.

Michael Hauge prefers the term seducing:

“Everybody likes to be seduced; it’s a gradual, enjoyable, and emotionally involving experience that thoroughly captures our attention.” (Writing Screenplays That Sell)

Whatever your terminology, drawing in readers is a vitally important process that needs to happen at the beginning of your story. Also called the set-up, it’s everything that occurs before the all-important catalyst that propels your character out of his regular world into a new one. According to Blake Snyder (Save the Cat), the set-up should consist of roughly the first 12% of your story. This is a guideline that you can set in stone or take with a grain of salt, depending on your plotting/pantsing style. But 12% is a good rule of thumb because it’s enough real estate to set the stage and draw readers in without it dragging on and putting them to sleep.

Unfortunately, we can get the length of the set-up right and still not achieve the goal of pulling readers in. To do this, we have to tap into their emotions. If we don’t make them feel, they won’t be invested in the character; if they’re not invested in the character, they won’t care what happens to him and won’t keep reading to see if he succeeds. So it’s incredibly important that the set-up elicit emotion from the reader. There are a few things you can include in your opening pages that will help accomplish this.

Character Empathy

Readers start reading a book for a variety of reasons: they liked the premise, it was a recommended by a friend, they’re a fan of the author. Readers keep reading because they connect with the characters. We have a very small window—that first 12%—to achieve the reader-character connection, and eliciting empathy is a great way to make it happen. Here are a few ways to encourage that special something between the reader and your protagonist.

• Universal Needs. Readers like characters they can relate to in some way. One way to bond your audience of unique individuals to the protagonist is to remove one of her basic human needs, such as belonging or surviving. Because everyone understands these needs, taking one of them away from your hero can endear readers to her. This is one reason Katniss Everdeen was such a successful protagonist. Most readers couldn’t relate to her circumstances of having to kill others to survive, but they could understand needing to protect a vulnerable loved one or providing for one’s family. If you want to increase your reader’s empathy for the hero, try taking away a universal need, and the reader will stay tuned to see if she can get it back.
• Admirability. People are drawn to those they admire, so it’s a good idea to give your hero some qualities that readers will appreciate or aspire to themselves. Intelligence, a sense of humor, kindness, generosity, honor—these are attributes people long for. Seeing them personified in the hero opens us up to them, making us want them to do well. Notice that I didn’t say a protagonist must be likable (though that works, too). As a selfish and manipulative character, Scarlett O’Hara isn’t exactly a glowing role model, but people relate to her because of her shrewdness, tenacity, and confidence. It’s her admirable qualities that win readers over.
• Uniqueness. Readers, along with editors, agents, and publishers, are tired of seeing new versions of the same old characters. We want someone who surprises us with something new. A janitor who anonymously and effortlessly solves impossible math theorems at M.I.T. (Good Will Hunting). An art student in Prague who collects teeth for the demons who raised her (Daughter of Smoke and Bone). When you’re creating your protagonist, see what you can do to make him or her stand out from the crowd and be remembered.
• Remarkability. Few people truly excel in any area, but most would like to. Characters who are remarkable in some way speak to our need for esteem and recognition, whether it’s because they’re intelligent, incredibly talented, or have an unusual ability. Make your character extraordinary and readers will often respond.

Conflict

Well-written conflict inherently elicits emotion—anticipation, yes, as the reader worries about the protagonist’s well being, but it also can generate feelings like nervousness, frustration, or fear. Create a situation many readers have experienced or can imagine going through, and you’ve added relateabilty, too.

This conflict can be overt and obvious, such as a fistfight, terrorist attack, or someone fleeing for his life. But this doesn’t always work in the set-up because the reader hasn’t had enough time to get to know the protagonist and care about what happens to him. Conflict at this stage is often more effective when it’s hinted at or implied. In Stephen King’s Under the Dome, we first see Dale Barbara as he’s leaving town after “taking a pretty good beating at The Mill.” That’s the only reference to his altercation, but it’s enough to tweak the reader’s empathy meter and pique interest. Why’d he get beaten up? Who did it? If he’s innocent, why is he leaving town?

Conflict can also be internal rather than external. A character struggling with an important decision, questioning himself, or denying a wounding event from the past can be just as compelling as a five-care pileup. However it manifests, be sure to include some conflict in your set-up; done well, not only will it tug the reader’s heartstrings but it will keep up the pace, too.

The Need For Change

Most people—readers included—want to improve and grow, to be better tomorrow than they were yesterday. They understand that change, though difficult and sometimes painful, is needed in order to achieve growth. This is why, at their most basic level, stories are about necessary change. Sometimes this change is internal, played out through the character’s arc as he works to overcome fears or wounding events and embrace the fullest version of himself. Sometimes it’s external—something within the world itself that needs fixing, such as the existence of the one ring in Tolkien’s Middle Earth. The most compelling stories often contain elements of change that are both internal and external.

The set-up is the perfect place to show what needs to be changed for your character; it allows you to hint at what has to happen for the character to be fulfilled by the story’s end. Sometimes this means showing the character’s biggest flaw, the one she thinks is a strength but is really crippling her. In other cases, it might require showing an inequality or injustice in the character’s world that the character must alter in order to pursue her dreams. What has to change before your character can achieve his or her overall goal? Reference this in your opening pages and you’ll clue readers in to what has to happen for your hero to emerge victorious.

Story set-ups are tricky; we always want to include more information than they need. To stay on the straight and narrow, remember the two-fold purpose of the set-up: introduce the character in his world so it makes sense for readers, and draw readers in by activating their emotions. (The Story Maps tool at One Stop For Writers can help you organize your set-up and other important turning points while keeping them in proper proportion.) Remain focused on these outcomes, and you’re on your way toward drafting a story start that will keep readers engaged well beyond the opening pages.

Do you struggle with the set-up? Do you love the set-up? What tips do you have for creating a reader-grabber set-up? 

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About Becca

Becca Puglisi is an international speaker, writing coach, and bestselling author of The Emotion Thesaurus and its sequels. Her books are available in five languages, are sourced by US universities, and are used by novelists, screenwriters, editors, and psychologists around the world. She is passionate about learning and sharing her knowledge with others through her Writers Helping Writers blog and via One Stop For Writers—a powerhouse online library created to help writers elevate their storytelling. You can find Becca online at both of these spots, as well as on Facebook and Twitter.