Writers in the Storm

A blog about writing

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The Legal Side of Writing for Anthologies (Part 1)

 Susan Spann

SusanSpann_WITS

Anthologies offer a great opportunity for writers to publish their works and find new readers. Some anthologies feature works by authors from a specific group - for example, Sisters in Crime, Romance Writers of America, writers’ conferences, and local and regional writers’ groups. Other anthologies offer open (or limited) submissions for stories in specific genres or settings. Sometimes a group of authors will come together to write an anthology about a topic of mutual interest, such as the upcoming Fall of Poppies: Stories of Love and the Great War (HarperCollins, March 2016).

In short: when it comes to anthologies, the options are almost limitless.

Anthologies lend themselves equally well to traditional and self-publishing, and also help new or lesser-known authors achieve much broader exposure, due to contributing authors’ shared marketing efforts and "cross pollination" with other authors' readers.

Handled properly, anthologies have many benefits and relatively few drawbacks (aside from the ones that are common to publishing as a whole). However, it's important for authors to ensure--before submitting or signing a contract--that the anthology in question offers the author and his or her work a proper level of legal protection and industry-standard contract terms.

This autumn, my guest posts here at WITS will look at the legal issues authors face when writing for anthologies. Today, we’ll take a bird’s eye view at the biggest legal traps and pitfalls authors might encounter when contributing work to an anthology.

  1. Contracts Are Not Optional.

Never publish your work in any anthology that doesn't have a professional, written publishing contract. No exceptions.

Anthology contracts are normally shorter than publishing contracts for novel-length works, but they need to address the same major issues as a traditional publishing contract, even in the case of self-published anthologies.

To repeat: any time you allow someone else to publish your work, you need a written contract which governs the terms upon which your work can be used.

  1. Never Sign Away Your Copyright.

 Anthology publishers need only a limited license to publish your work as part of the anthology. Anthology publishers do NOT need copyright ownership of the individual works. If you transfer copyright ownership to the anthology publisher, you no longer own the work and cannot use or publish it in other contexts.

Anthologies are plentiful, and most of them don’t take the author's copyright. Don’t submit to (or publish in) anthologies that try to take ownership of the contributors’ works.

The anthology contract may contain language stating that the publisher owns the copyright on the anthology as a collective work. This is different from owning the copyright on the individual stories. Copyright “in the collective work” means the right to publish the anthology as a collection consisting of all of the stories within it. It’s a separate, lesser form of copyright that exists to ensure that no one else can copy and sell the anthology without the publisher’s permission.

If you don’t understand what your anthology contract says about copyrights, get an opinion from an experienced publishing attorney before you sign.

  1. Follow the Money (and Know Where it's Going).

 In the case of private anthologies, participating authors often get a share of royalties on sales. However, when anthologies are published by or on behalf of a nonprofit organization (like Sisters in Crime) or a charity, anthology proceeds normally go to the sponsoring organization or to the charity the anthology was designed to benefit. It’s not “bad” or “wrong” to contribute your work to anthologies that don’t pay the contributing authors. Just make sure you know, and agree with, where the money is going before you agree to participate.

  1. Submit to Reputable Anthologies and Publishers Only.

 All publications are not created equal. Some anthologies have stronger professional reputations than others. Some anthologies carry more cachet (and sell more copies). Evaluate the publisher, the anthology’s affiliations (and editor, if one is named), and other relevant aspects of the deal before submitting your work. Also, it’s okay to ask for a copy of the contract to review before you agree to participate.

  1. Beware of Mandatory Purchases and Marketing Requirements.

 Some anthologies require participating authors to purchase a specified number of copies of the finished work, or require the authors to participate in specified marketing activities. Generally speaking, legitimate publishers don’t require authors to purchase copies of the finished works—and that goes for anthologies as well as individual publishing contracts. Understand the obligations and expectations ahead of time, and avoid rude surprises down the line.

It isn’t wrong to agree to purchase a reasonable number of copies of an anthology in order to support a charity or nonprofit organization. That said, mandatory purchases are not the norm. Use solid business judgment when evaluating the anthology’s terms and requirements.

In the months to come, my #PubLaw posts here at Writers in the Storm will look more closely at these and other anthology-related issues, including some sneaky contract provisions specific to anthologies.

Have questions about anthology writing? Feel free to ask in the comments--I'll work them into future posts!

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About Susan

Flask of the Drunken Master

Susan Spann writes the Shinobi Mysteries, featuring ninja detective Hiro Hattori and his Portuguese Jesuit sidekick, Father Mateo. Her debut novel, CLAWS OF THE CAT (Minotaur Books, 2013), was a Library Journal Mystery Debut of the Month and a finalist for the Silver Falchion Award for Best First Novel. BLADE OF THE SAMURAI released in 2014, and her third novel, FLASK OF THE DRUNKEN MASTER, released on July 14, 2015.

Susan is also a transactional attorney whose practice focuses on publishing law and business. When not writing or practicing law, she raises seahorses and rare corals in her marine aquarium. You can find her online at http://www.SusanSpann.com, on Twitter (@SusanSpann), and on Facebook (SusanSpannAuthor).

 

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6 P’s to Success in Your Writing Life

I admit, I’m a sucker for articles about the secret to success. Because, come on, some genius out there knows how to break the system, how to beat the odds, how to make it in a world that just wants to beat the creative stuffing out of you.

But here’s the thing, there is no one super secret way to break into publishing. I’ve read the articles and shaken the Magic 8 ball. There are, however, 6 things I’ve discovered that will certainly help …

Patience
I’m laughing at myself for typing that word. Anyone who knows me, knows patience is absolutely not one of my strengths. So how can I say type it with an almost straight face? Because it’s true. You have to be patient if you want sticking power in this industry.

Patience with yourself. No one—well, very few people at least—are accomplished from the first time they start something. More on this one below but trust me when I say that giving yourself a break when you feel like you're not making progress, is important for your sanity.

Patience with writing. Writing is hard. There are days when you’ll blow through 2,000 words and write the most beautiful, heart wrenching scene any author has ever put down on paper/screen. And the next day you’ll write 50 words about dust bunnies because nothing else comes to mind.

Patience with the process. If anyone led you to believe this was an easy career choice, unfriend/unfollow them. Writing isn’t easy. Getting an agent isn’t easy. Getting a publishing deal isn’t easy. Finding and keeping readers isn’t easy. And each step takes time and effort. Lots of time and effort.

Practice
No one—well, very few people at least—can start something new and are brilliant at it from the beginning. I know, I know, I’m repeating myself. But I think it’s worth repeating that. Why? Because …

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You may think that first draft is perfect but guess what, it can be better. You may think you know about dialogue or world building or conflict but there’s always more to learn. Take workshops, read articles/books, have other readers look at your work. Then study the feedback and use what you’ve learned to take your writing to the next level.

I’ve been reading a couple of my old manuscripts recently and while the main story ideas are great, the writing is amusing me. They’re not bad, after all they all received requests from agents and enough good feedback that I kept going (this ties in to the next item), but each manuscript shows maturing in my writing style. Why? Because I practiced and studied and practiced some more.

Perseverance
You’ve heard authors talk about BICHOK—Butt In Chair, Hands On Keyboard. This is obviously a key part of succeeding as a writer because, if you don’t write, you have nothing to query/sell. So yes, butt in chair and write!

But … it’s not just your butt that needs sticking power. Think back to when you decided to start writing or decided that you wanted to make this your career. Did you stand up in front of your kitty and say “Fluffs, I’m going to be a published author but only if it’s easy. If it’s not easy, I’ll become a professional dust bunny wrangler.” Probably not.

Perseverance means wracking up “test” manuscripts and rejection letters. It means taking more workshops and reading more craft books and subscribing (and reading!!) more blog posts and magazine articles on writing and publishing. It means querying the fourth manuscript you’ve written (unless you’re one of the amazing few who nab an agent/book contract with your first; and in that case, we’re waiting for the link to your super secret tips article) and updating your agent “hit list” again.

You do it again because you’ve put in the practice, you’ve been patient, and you know what your end goal is—you won’t give up until you’ve realized that goal.

Practicality
Confession time: when I first decided to write a novel, I too had the rosy-glasses fantasy that I’d write a brilliant book, send out a query, an agent would love it, sell it immediately, and my lovely little story would be in every bookstore.

Then I started actually immersing myself in the publishing industry, reading blogs and articles, tweets and Facebook posts, chatting with author friends and devouring anything by agents and editors (there had to be a super secret tip in there somewhere). I joined writers groups (okay, I even helped start an association—overachiever much?!) and interned for an agent. My rose-colored glasses turned brown (polarized brown lenses in a pretty tortoise-shell brown frame).

I know how hard it is to make that one connection with an agent (I have the excel sheet logging rejections to prove it). And even when you have an agent, it doesn’t mean a sale is guaranteed. Or if you have a book deal, the publisher can still cancel it. You can have a fabulous book, printed and on the shelves, and dismal sales.

That doesn’t mean I don’t believe those things can happen. I do, or I wouldn’t still be here. What it does mean, is that I don’t have unrealistic expectations. I understand the good and not so good parts of the career I’ve chosen to pursue.

Professionalism
There are certain expectations on any career choice. You expect a certain level of professionalism from your doctor or lawyer or your kid’s teacher or the librarian or a waitress. You expect them to be professional with their colleagues but also with their “audience,” right? If a doctor was regaled as being the best clinician in that particular specialty but was rude and dismissive to his patients, would he have a lot of patients? Probably not.

Being a writer/author is a career choice (unless you’re doing this as a hobby and there’s nothing wrong with that!). How you present and conduct yourself with other writers and the outside (reader) world, is as important as with any other profession.

If you offer to do something, do it. If someone upsets you, rant to your kitty instead of on Facebook or Twitter. Think about what you post publicly and who you complain about in “select groups.” Remember that the people you interact with in your writer’s groups are also your readers and your promoters. Prove yourself to them and you’ll have a fabulous support group. On the flip side, give them a reason to question and you risk losing more than that one supporter.

And yes, agents and editors also pay attention. Don’t believe me, go read some agent tweets.

Be the kind of person you want to be associated with.

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Prozac
I’m kidding, sort of. I don’t recommend running to your doctor in search of a prescription. What I do recommend is having an outlet to release the stress and anxiety that builds up during the drafting phase or the querying phase or the patiently waiting for answers phase. For me, it’s a number of things – puzzles, crocheting (anyone need a scarf?), exercising, coloring (yes, I’ve fallen into the adult coloring book craze).

Find something that pulls your mind out of the spin cycle and allows your thoughts to settle into their own rhythm. Whether you’re stuck on a scene or wearing out the refresh button, stepping away from the computer and allowing your mind to settle makes a world of difference.

No super secret tips in this post. Sorry. But using those 6 P’s worked for me. Granted, patience is still a work in progress. :-)

What about you—do you struggle with any of those P’s? Do you have a super secret tip to share with our readers?

About Orly

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After years of pushing the creativity boundary in corporate communications, Orly decided it was time for a new challenge. Three women’s fiction manuscripts later (plus a handful of picture books), it’s safe to say she’s found her creative outlet. When she’s not talking to her imaginary friends, she’s reading or at least trying to ignore everyone around her long enough to finish “just one more paragraph.” Orly is the founding president of the Women’s Fiction Writers Association. She is rep’d by Marlene Stringer, Stringer Literary Agency LLC.

You can find her on Twitter at @OrlyKonigLopez or on her website, www.orlykoniglopez.com.

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How to Slay Your Inner Editor

Don't you love it when you find a new awesomesauce writing tool when you're not even looking for it? Me too!

I'll try keep the backstory short (as good writers do, right? ;))

Back in the dark ages, when I thought myself invincible, I helped a friend move. I insisted I could lift the end of a nine-foot couch by myself and carry it downstairs. Turned out I could, but not without bursting something in my right forearm. It formed scar tissue, and I couldn't bend my right index finger (if it were a normal injury, it wouldn't happen to me). I had surgery, and I now have use of the digit, but scar tissue caused by the surgery means I'm left with killer tendinitis in that forearm. Overuse=agony.

So, with the deadline on my last book under contract approaching, I was set on fire by two new story ideas (Very funny, muse. She is such a bitch). I figured I'd just write the two proposals at the same time I finished the book. After all, I'm retired. I have the time, right? Right. Except for that forearm. Once the tendinitis flared, even resting it on ice bags when not typing didn't help. 

I got Nuance's Dragon Naturally Speaking software somewhere years ago to read my manuscript back to me during the edit process. I knew, of course, that I could dictate into it, but I wasn't interested. When I write, I edit as I go. It's not at all odd for me to rewrite a sentence 5 times to get it right. So dictating just wouldn't work for me.

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You'd think, after all these decades, I'd learn never to say never. I was getting desperate. The deadline was approaching at the speed of light, I was dreaming about those two new ideas and I was in pain. I dug out my CD of Dragon, but it wouldn't work with my current version of Windows.

Hey, wait - I have the latest version of Windows! I'd heard there's voice recognition built into it! Yeah. Not so much. I got it activated, used my old Dragon headset and mic, and tried it out. You know the old story about a roomful of monkeys at typewriters, creating a novel? They'd have had a better shot at finishing this book than I would, with that Windows speech recognition program. I have zero accent, and still, it got one out of three words correct.

I broke down, bought the new version of Dragon, and installed it. Those of you who know just how cheap I am will understand how frantic I must have been.

Enough with the backstory, Laura! Jeez, Margie Lawson would not be proud. Anyway HERE's the takeaway for you

This thing is the hot fudge for your writer's sundae!

At least, it is for me. These are the advantages that I've found, working with this software:

  • Dragon has slayed my inner editor - She got so confused, she's slunk away and I haven't seen her since. It's something about saying the words instead of seeing them as I type. I put on the headset, close my eyes and dictate what is happening in the scene that's running in my head. I'm free to get into my character's skin, and experience his thoughts, because part of my mind isn't taken up trying to spell words, think of synonyms and correct errors. I don't even look at the screen while I'm dictating.
  • I'm writing FASTER - I am a very slow writer, because I edit as I go. When I complete a chapter, get feedback from my crit group, I move on. I now have to do one more read-over, to correct mistakes Dragon made, but it's still faster than my old way, because my internal editor is as dead as Pluto (the planet, not the dog).
  • It  spares my arm - Notice this isn't number one on the list. Though this is why I bought the software, this is less important than the items above it.
  • Who knew dragons were wicked-smart! - I don't make it easy. I have a character named Hope, and Bear. How does Dragon know it should cap those words? Because it learns! When it makes a mistake, I correct it (can do that via voice, too), and it remembers! It also learns the way I say things (if you have an accent) and learns from its mistakes there, too. Every time I close out of the system, it updates what it has learned about my voice.
  • Its FUN! - I know, it's a new toy, but it's fun to use! It's a little miracle to see the words appear on the page as I say them. I so laughed - the other day I was dictating, and the cat came in and jumped into my lap. I forgot I had the mic on, so, "Hi love-bunny!" turned up in the middle of my black moment. You'll want to watch that.

Now, this is my personal endorsement - not the blog's. I don't think any of the other WITS bloggers use Dragon. But they may, after reading this! They have versions for Mac and Windows. Also, a caveat - you can find cheaper versions, other places on the internet - but check to be sure that version is compatible with your Windows release.

So what do you think? Are you ready to try out dictation software?

What shiny writer's toys do you have to share with us?

About Laura

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Laura Drake is a city girl who never grew out of her tomboy ways, or a serious cowboy crush. She writes both Women's Fiction and Romance.

She sold her Sweet on a Cowboy series, romances set in the world of professional bull riding, to Grand Central.  The Sweet Spot won the 2014 Romance Writers of America®   RITA® award in the Best First Book category.

Her 'biker-chick' novel, Her Road Home, sold to Harlequin's Superomance line (August, 2013) and has expanded to three more stories set in the same small town. The latest, Twice in a Blue Moon , released July 1.

In 2014, Laura realized a lifelong dream of becoming a Texan and is currently working on her accent. She gave up the corporate CFO gig to write full time. She's a wife, grandmother, and motorcycle chick in the remaining waking hours.

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