Writers in the Storm

A blog about writing

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Understanding Ebook Rights
Publishing Law

Susan Spann

Whether you publish traditionally or as an author-publisher, it’s critical to understand the rights you own—and the ones you give away (even temporarily) by contract. Otherwise, it’s impossible to tell if you’re getting an excellent deal, an industry-standard arrangement, or an offer you should walk (or run) away from.

Today, let’s look at a few important facts all authors need to know about ebook rights, which normally cover not only “standard ebooks” but all digital and downloadable versions of the author’s work.

Ebook rights are usually licensed to publishers in a contract's "Grant of Rights" paragraph, as part of the Primary Grant of Rights.

The “Grant of Rights” or “Primary Rights” paragraph customarily appears near the start of a publishing contract (and within the first third of self-publishing terms of use).

This paragraph usually addresses a number of different rights, all of which belong to the author as part of the copyright in the work. (Remember: ownership of copyright, and all other rights in the work, belongs to the author until (s)he sells, licenses, or transfers them to someone else—by contract or otherwise.)

In most publishing contracts, the author will grant the publisher a license (legally defined as a "right to use") to the rights specified in the agreement.

Normally, "primary rights" include the rights to publish, distribute, and sell the work in print and ebook formats in certain specified languages and territories. (Be careful not to give a publisher broader rights than it can meaningfully exploit on your behalf!)

Ebook-only publishers shouldn't ask for print rights too, but print publishers normally expect to license ebook rights as well as the right to publish the book in print.

Contracts should never give publishers "Ownership" of copyright or any other rights (including ebook rights).

A license is not the same thing as ownership, and no good publishing contract will ever give a publisher ownership of the author’s copyright (or any other ownership rights in the work). Instead, the contract should give the publisher a license--normally an exclusive license--to publish the work in certain formats.

What is a fair royalty rate on ebooks?

The industry-standard royalty rate on ebooks is currently 25% of either list price (less common) or publisher’s gross receipts on sales (more common). However, some publishers try to persuade authors to accept lower figures (beware!) and some pay royalties as high as 50%. Even higher royalties are often paid on self-published books, where the author’s share of sales may be 75% or more.

What are “enhanced e-books”?

Most authors know what an ebook is (if you don't, I’d normally suggest you Google it, but if you don’t know about “ebooks” you’re probably not all that good with Google either). However, many authors don't know the difference between standard ebooks and enhanced ebooks.

An "enhanced ebook" is an ebook containing not only the text of the work, but also supplementary content designed to enhance the reader's experience. Examples include pop-up maps (that appear when you click a place name in the text), musical scores or other sound effects that accompany the reading, and hyperlinks that open web-based content.

Enhanced ebooks are currently rare, but several companies do now publish and sell enhanced ebooks, either as independent products or as enhanced overlays for publishers’ existing ebook content.

Standard publishing contracts contain an ebook clause that grants the publisher all rights to ebooks "in any and all digital, electronic, and downloadable formats now known or hereafter developed," which includes enhanced ebooks. Some publishers now include enhanced ebooks specifically in the grant of rights as well.

By granting enhanced ebook rights, the author surrenders the right to:

(a) Determine whether or not an enhanced ebook is made,
(b) Control the enhanced ebook content, and
(c) Request a higher royalty rate on enhanced ebooks—unless the contract specifies otherwise, the standard ebook royalty rate applies.

While some publishers may not be willing to negotiate on enhanced ebooks, or even to produce them since the format competes with standard ebooks, authors should be aware of enhanced ebook rights and make decisions about them consciously.

Like any publishing rights, only you--the author--can make the business decision about how (and whether) to grant your rights to a publisher, and on what basis. It’s a business decision each author must make after careful consideration of the contract and the author’s wishes for the book and his or her career. Before you sign, be sure you know where ebooks (and enhanced ebooks) fit into the contract, that you understand the terms being offered, and that you're making the decision you believe is best for you and your work.

Have you read an enhanced ebook? Do you have questions about author ebook rights?

Ninjas-Daughter1


Susan Spann
 writes the Hiro Hattori Novels, featuring ninja detective Hiro Hattori and his Portuguese Jesuit sidekick, Father Mateo. The fourth book in the series, THE NINJA’S DAUGHTER, will release from Seventh Street Books in August 2016. Susan is the Rocky Mountain Fiction Writers’ 2015 Writer of the Year, and a transactional attorney whose practice focuses on publishing and business law. 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 (SusanSpannAuthor).

 

 

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Using Internal Conflict to Create Plot

Janice Hardy, @Janice_Hardy

A lot of focus gets put on the core conflict of a novel--the main problem the protagonist has to solve to win. It's no wonder since that's the whole point of the book, but sometimes, when we look too hard at the external problems, we miss out on opportunities to let the internal problems muck things up. This is especially true in a character-driven novel, since that inner journey is what's driving the entire book.

If you've been struggling with a plot, or you're looking for ways to deepen an existing plot, try looking at how your protagonist's internal conflict is driving her external actions.

At the heart of every good internal conflict is a fear created by trauma. Something bad happened to that character at some point to scar her for life, and this fear affects how she makes decisions. This is usually the fear she must overcome by the end of the book to finally grow as a character and overcome whatever obstacle has been in her path.

Look at your protagonist and ask:

What's her greatest fear?

Look at the big stuff, the personality-shaping issues that color who she is and what she does. For example, being afraid of spiders won't cut it unless the novel is about defeating a giant spider. What are the fears central to who she is and why she lives her life as she does?

How did she get this fear?

Explore her backstory and determine what happened to cause this fear. This information may not even appear in the novel, but knowing it will help you understand this character. For example, if she was trapped in an elevator as a child, she might avoid any situation that puts her in tight spaces or requires an elevator trip (so much for that dream job on the 45th floor).

How does this fear cause her to make bad decisions?

Anything this influential on a person's life will have affected it before the book ever opens. What has she done to hurt herself because of this fear? What has she lost because she was too afraid to pursue it? For example, maybe a relationship went bad, or she didn't take a job she wanted. Maybe she didn't act when she should have and that mistake still haunts her.

Next, look at the core conflict of your novel and brainstorm how this fear might affect it.

What situations would cause her to face this fear?

Think about the situations that would cause the protagonist's internal fear to prevent her from achieving her external goal. If she's scared of elevators, force her to ride in one to get what she wants. If she doesn't trust people, put her life in the hands of someone she has to trust to survive. Make a list of possibilities and look for any situations that could build off each other and create a fun plot. Also look for situations that would cause additional conflict to your existing plot events and problems.

What critical decisions can she screw up because of this fear?

The first opportunity she has to face this fear will go very, very badly (because that's fun!). She'll screw it up, make the wrong choice, maybe even make the worst choice possible because she's afraid and not thinking clearly. This will get her into more trouble and the only way she'll ever fix it is to face that fear. Other things can and will happen, but this fear will be at the core of why she's in this mess. She did this to herself by her actions and choices, influenced by her fear.

Three is a magic plotting number, so create three choices her fear can mess up. Put one in the beginning of the novel, one in the middle, and one near the end. These will be your major character arc turning points, and they'll coincide with your major external plot turning points.

Where would this fear make her want to give up and walk away?

At some point she'll start overcoming her fear (usually after several mistakes made in the middle). By that third turning point, she'll think she can handle it and face that fear. But she's wrong. Oh so wrong, and she fails miserably. She'll want to give up and walk away, but she can't. The only way forward is to face that dang fear. This is commonly referred to at the Dark Night of the Soul or the All is Lost Moment.

How does overcoming this fear help her succeed?

Facing her fear is what will allow her to do whatever is needed to defeat the antagonist and resolve the main problem of the novel. It might be a small aspect of it, or it might be the single-most important aspect of the climax (it depends on the type of novel you're writing). She faces the fear, overcomes it, and is victorious.

Why this works

Playing the internal and external conflicts off each other creates a strong plot because the mistakes made come from someplace real within the character--they aren't just mistakes because plot said so. The internal conflict gives meaning to the external plot actions, and creates strong motivations for the protagonist to act. It also raises the stakes by making them more personal.

Understanding what a character fears also helps you narrow down the types of plot events to use, guiding your brainstorming sessions. Having a direction to go in makes it easier to find the right problems to throw at your protagonist.

When you use both the external and the internal conflicts to plot, you double your options and create more unpredictable outcomes. The more unpredictable a story is, the more likely it will hook your readers and keep them reading.

Do you use your internal conflict to plot with? Does your protagonist have an internal conflict?

Win a 10-Page Critique From Janice Hardy

Three Books. Three Months. Three Chances to Win.

Janice Hardy #3

To celebrate the release of my newest writing books, I'm going on a three-month blog tour--and each month, one lucky winner will receive a 10-page critique from me.

It's easy to enter. Simply visit leave a comment and enter the drawing via Rafflecopter. One entry per blog, but you can enter on every stop on the tour. At the end of each month, I'll randomly choose a winner.

a Rafflecopter giveaway

Looking for tips on writing your novel? Check out my book Planning Your Novel: Ideas and Structure, a series of self-guided workshops that help you turn your idea into a novel, and the just-released companion guide, the Planning Your Novel Workbook.

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About Janice

Janice Hardy RGB 72


Janice Hardy is the award-winning author of The Healing Wars trilogy and the Foundations of Fiction series, including Planning Your Novel: Ideas and Structure, a self-guided workshop for planning or revising a novel, the companion Planning Your Novel Workbook, and the upcoming Revising Your Novel: First Draft to Finished Draft. She's also the founder of the writing site, Fiction University.

For more advice and helpful writing tips, visit her at www.fiction-university.com or @Janice_Hardy.

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The Power of Instagram – Marketing Tips for Indie Authors
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Penny Sansevieri

Instagram has seen staggering growth since Facebook purchased it. And every day, more authors are beginning to use it, with great success, to engage their readers, build their fan base, and sell books. And here’s why:

First, it’s simple to use. Second, it’s not nearly as ad-driven (yet) as Facebook, despite being owned by them. Third, Instagram is visually-driven, so it’s much easier to engage someone than it is on Facebook. Plus, it drives far high per-follower engagement than Facebook or Twitter, 58 times and 120 times more respectively.

Anyone can create an Instagram account, and there’s lots of information available on how to do so. So I’m going to go beyond the obvious tips like adding a good profile picture, and remembering to add your bio and your site URL. This is certainly important, but it’s not going to drive goal conversion (namely building followers and selling books) to the level that most indie authors prefer. So I’ve pulled together some tips on how to develop innovative Instagram marketing for whatever it is you’re promoting.

Creating an Instagram Theme

Again, anyone can create an Instagram account. But, lots of people post anything that comes to mind. What happens when you do that, is that your posts tend to be all over the place instead of following a marketing-driven plan. It makes it confusing for users to follow and people may not be as engaged.

So before you even set up your account, consider what kind of theme you want to utilize as you post. A theme can be anything – from variations on core messaging, posts with a particular color or look and feel. Whatever you decide, let users know right up front what they can expect, and then follow through on it by posting clear, consistent content.

Examples of Instagram Themes

Discussing themes on a high level can be overwhelming so I’ve drilled down to a few examples for how you might determine your theme.

If you’re promoting a book in the historical fiction genre – you might want your theme to have a vintage look and feel. There are a number of routes to achieve this – whether by using Instagram’s image filters or posting pictures that correspond with your book, like settings, clothing, food, quotes, etc. Another idea is to post images in blocks – one week you could include images from a specific category, and the next another. Or you can choose seven categories and feature a different category each day of the week.

For authors of business or non-fiction books, quotes perform really well. You can select quotes you love as well as those from your book. Or, if you’ve got some early reviews rolling in, incorporate them into images.

Who Are You?

Although it may be tempting to feature your standard bio, it’s a good idea to get creative here. Consider updating your bio to help drive attention to your book, website, service, whatever you’re promoting. For this reason, I recommend that you change up the URL in your bio as well and invite followers to click on the link in your bio.

A Few Notes on Linking

Include your link in every post, whether as a link in the description of each photo as you post it, as a watermark on your photos (which is a good idea to do regardless), or by adding a comment to the photo after you’ve posted it. Commenting is a great way to build your marketing efforts. You can use it to add additional hashtags or drive traffic to your URL, so it’s a great way to boost visibility of your posts, and get people to visit your website. (Note: Instagram users are almost exclusively mobile, so any websites/web pages you send to people should be mobile-optimized to get maximal engagement. )

Using a Posting Strategy to Grow Instagram Fans

After you’ve got a great theme and bio planned, the next step is creating a posting strategy. Since the average person gets distracted in 8 seconds, it’ll be important to use images that are eye-catching, but that don’t require a lot of thought. Meaning you want them to be interesting, inviting, and completely lacking in complexity. In part this relates to the fact that most of your fans will be mobile, meaning that small screens have some limitations.

Most interactions will happen within about 30 minutes after you post – so to build engagement, be sure to have your Instagram at close hand so that you can interact with anyone who comments on your post! And, the more you post, the more quickly your Instagram fan base will build. At minimum, you should post once a day, but the most popular accounts post every 2 hours or so (or about 4 to 10 times each day).

If you’re stuck on what to post, take a look at what the trending posts are, and then use those hashtags to take part in conversations!

Using @Mentions to Boost your Engagement

By tagging other Instagram users in your post, you can get up to 56% more engagement (Simply Measured)! To do this, use @ + their username. You can also tag them in the comments if you like. Instagram is cracking down on the over use of this feature, so it’s a good idea to use this technique sparingly instead of tagging anyone and everyone. Instead, if someone is authentically connected to whatever it is you’re posting, or has mentioned interest in a specific topic, then it’s definitely a great idea.

Make the Most of Hashtags

Hashtags are basically a requirement if you’re going to build your Instagram audience. Posts with at least one hashtag see 12.6% more engagement according to Simply Measured. And, what’s more, since you don’t face post length limitations like you do on Twitter, you can add lots of hash tags – as many as 30! The sweet spot seems to be 11 hashtags, and if you feel that including them in the photo caption is too much, you can also add them to the comments.

If your posts are going to become a series: develop a single hashtag to utilize the entire series. A series can be anything you deem it to be – some ideas might be quotes from your book, character info, or rare/important information, but you’re not limited to that at all. As an example of a series, when I post in my How to Sell Books by the Truckload on Amazon series, #truckload or #Amazonbestseller are hashtags I could use. That hashtag is part of each post I make for that series. People who are interested can use that hashtag to go down the rabbit hole and see other posts that include the same hashtag.

Hashtags are fun, and there really aren’t any hard and fast rules. So be creative and play around with them and see what works best for your Instagram account.

Add a Location

We’ve talked about hashtags and @mentions, but have you ever shared your location as you post? If not, think about turning this feature on and making the most of it. The simple act of adding a location can boost engagement by as much as 79%.

Finding Instagram Accounts You Love

To keep your account fresh, instead of reusing the same memes, keep finding new accounts that you love! You can search hashtags or trending topics you love, or you can use the activity/notifications area of the app. Here you can see who likes your posts, who has tagged you (and where), and what your followers are liking.

Tune Into Your Followers

Instagram is currently chronological, so as people you follow post new content, it posts to the top and pushes the older posts further and further down. (Incidentally, Instagram is planning to move to a feed that’s based on what’s popular.) If there are some people whose posts you don’t want to miss, you can turn on notifications by clicking the three-dot icon on their profile. Now you get an alert whenever they add new content, and if you follow Kim Kardashian, you’ll never miss a butt shot (she has the third most-popular Instagram account).

If you’re looking to market anything, definitely consider adding Instagram to your marketing plan! You can grow your audience and even move into new demographics. And with so much room for creative license, it’s a fun marketing endeavor that can drive some powerful conversions if you use it in a meaningful way. So definitely, give Instagram a shot - and see what it can do for your marketing efforts.

Okay, Writers in the Storm readers, what Instagram tips do you have to share with us?

About Penny

Author Markketing

Penny C. Sansevieri, CEO and founder of Author Marketing Experts, Inc., is a best-selling author and internationally recognized book marketing and media relations expert and an Adjunct Professor with NYU. Her company is one of the leaders in the publishing industry and has developed some of the most cutting-edge book marketing campaigns. She is the author of fourteen books, including How to Sell Books by the Truckload. AME is the first marketing and publicity firm to use Internet promotion to its full impact through online promotion and their signature program called: The Virtual Author Tour™

To learn more about Penny’s books or her promotional services, you can visit her web site at http://www.amarketingexpert.com. To subscribe to her free newsletter, send a blank email to: mailto:subscribe@amarketingexpert.com

Copyright @2016 Penny C. Sansevieri

Top photo credit: MariaGodfrida – Pixabay

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