Writers in the Storm

Susan Spann

Spring is the time “when a young man’s fancy turns to thoughts of love,” but in autumn, writers dream of contract offers. With the summer contract season over, and many authors “on submission” with agents and publishers alike, the delights—and dangers—of publishing contracts gain an important focus at this time of year.

One of the most important, and often most confusing, segments of the publishing contract is the “Grant of Rights.” This section, which often encompasses more than a single paragraph in the contract itself, designates exactly which rights the author is licensing (or “granting”) to the publisher in the contract.

Contract language varies widely from publisher to publisher, and even from deal to deal, but let’s take a look at some of the common characteristics authors should look for (and some to avoid) in grants of rights:

1.  Primary Rights: Print, ebook.

The standard “grant of rights” in a publishing contract normally includes both print and ebook rights. Most contracts also include a laundry list of other rights, but those are generally negotiable (to one degree or another). At its core, the publishing contract normally focuses on print, ebook, and some important related rights.

If your publisher is a digital only publisher (or imprint), the publisher may or may not want print rights also. Otherwise, all publishers will generally ask for print and ebook rights, and in most cases those rights are not negotiable. Ebooks are commonplace, and it’s rare for a publisher not to want the rights to publish your book in print and electronic forms and formats.

“Print and ebook” normally also includes serial rights (the right to publish your work in serial format rather than in a single volume—though publishers don’t generally do this unless they discuss it with the author in advance) and non-dramatic reading rights (which often translates to “audiobook rights” … see more about that in a minute).

These rights also normally include the right to produce or license royalty-free “accessible editions” for the handicapped. While this is a good idea in terms of providing access to charities and handicapped persons, most publishers will add language requiring them to split any profits they do receive on such licenses (or from handicapped-accessible editions of the work) with the author … but you need to know to ask for it.

2.  “Enhanced Ebooks” and audiobooks.

“Enhanced ebooks” are ebooks which include other forms of media—for example, video clips, interactive maps, soundtracks and audio extras. They’re not too common now but may become more popular in years to come, and many publishers have started including language governing them now.

Audiobooks, in various formats, are more familiar to authors and readers, and most publishers’ standard contract forms do ask for audio rights. Many publishers will also leave these rights with the author if you ask.

3.  Subsidiary Rights: Film, TV, merchandise, apps and gaming.

Subsidiary rights are one of the most contested clauses in publishing contracts, and publishers’ responses to an author’s request to withhold them varies widely. Most large publishers recognize the author’s right to hold back these important rights, and will eliminate them from the contract upon request. Other publishers want to share in film, TV, and merchandising rights, and to have the right to license those rights on the author’s behalf.

Ultimately, the decision whether or not to license these rights is a business decision the author must make, but I advise clients to keep these rights and not to hand them over to a publisher who may or may not sell them, and may end up with a windfall if the book becomes popular enough to inspire a film or television series.

4.  Territorial rights: worldwide, North American, U.S. – the sky’s the limit.

Most publishers want (and need) worldwide ebook rights, and it makes sense to allow worldwide distribution in ebook format. Print books are another matter entirely, however, and authors should take care to ensure they grant the publisher only those rights the publisher has the capacity to fulfill in a meaningful manner. In particular, small publishers without good distribution may not have the capacity to sell or distribute books abroad. Evaluate territorial rights with care to ensure the clause you grant is reasonable under the circumstances.

5.  Languages: English only vs. translations.

Most standard publishing contracts contain “translation rights,” meaning the right to translate or license translation of the author’s work into any (and every) language. As with territorial rights, authors should make sure the publisher has the ability to exercise these rights, and a history of licensing good translations, before signing over valuable rights.

Some publishers have active translation and foreign rights departments, while others simply want to possess the rights in case of a windfall. Talk with your publisher during the negotiation process and see whether licensing translations makes sense in your particular situation. If the publisher won’t negotiate for outright elimination of translation rights from the contract, ask about reversion after a stated period of time if the publisher hasn’t utilized the translation rights within a certain period: for example, the ability to terminate and reclaim your translation rights after 36 months if the publisher hasn’t licensed or arranged for translation of the work before that time.

6.  Reservation of rights – a normal, but important, protection.

Make sure your contract has a line—somewhere—which states that “Author reserves all rights not [expressly] granted to Publisher in this Agreement.” That’s called a “reservation of rights,” and it does exactly what it seems to: it makes it clear to a court that you’ve given over only the rights the contract says that it includes.

This isn’t a comprehensive explanation, but it gives a “first impression” of the things an author should look for in a publishing contract’s grant of rights. Next month, we’ll return to the grant of rights for a look at some common rights-related pitfalls authors should avoid.

Have you ever negotiated a grant of rights? What are your biggest rights-related concerns?

About Susan

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. The second Shinobi Mystery, BLADE OF THE SAMURAI, released on July 15, 2014. 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 her website, http://www.SusanSpann.com, and on Twitter (@SusanSpann).

One of the first things aspiring authors hear is a laundry list of things they should be doing to ensure success. If you somehow missed those directives, here are the “right things” you should be doing:

Join a writing group.

There are quite a few organizations out there to help writers at every stage in their career. Whether you’re looking for a genre-specific association or a broad-reach group, writing associations are extremely worthwhile. Look for organizations that offer a sense of community, workshops, networking opportunities, industry insight, etc. [Note: we ran a post last year discussing writing associations that included quite a few links. Though not an exhaustive list, it might be helpful if you're just starting out]

Then get involved. Just paying dues to say you’re part of a group won’t get you far. It’s like sleeping with a textbook under your pillow. Read the newsletters, contribute to discussions, volunteer, get to know fellow writers.

Caution: Now that I've encouraged you to get involved and volunteer, I’m going to wave a caution flag. You should do only as much as you can. Emphasis on “can.” Your word count shouldn’t be made up of all the emails you responded to. If you have limited time to write, spending those hours on volunteer work probably isn’t the best way to writing success.

Get into a critique group.

A solid critique group will not only strengthen your writing, they’ll also save your sanity. Let’s face it, writing a novel is lonely (despite the many “people” occupying your brain) and nerve-wrecking. Having trusted readers who will tell you what’s working and what isn’t, means submitting a manuscript that’s polished and ready for outside eyes.

Caution: Not all critique groups are a good fit and not everyone is a good fit for a critique group. Don’t be afraid to walk away from a group that isn’t working for you. If you don’t like the idea of sharing early drafts with readers, then maybe a crit group isn’t right for you. Consider accountability/writing buddies and a few trusted beta readers instead.

Enter contests.

Contests are a great way to get feedback from readers other than your critique partners and beloved friends and family. Plus having contest placements in a query letter is a great way to show agents that your work is being recognized.

Caution: Don’t jump on the feedback you receive and immediately make changes. And don’t keep changing those first pages in order to enter more contests. Use the feedback to gauge whether you’re moving in the right direction then finish the manuscript. What good are all those placements if you don’t have a fully polished manuscript to submit when the final round judge asks to see the full?

Develop a social media presence.

Blogs. Twitter. Facebook. Pinterest. Instagram. Google+. And that’s by no means a complete list of social media options available to writers these days. Social media is not only a great place to connect with other writers, agents, editors, and readers, it’s also an amazing place to learn about what’s going on.

Caution: Don’t try to spread yourself across all social media avenues. Try a couple and see what fits your style best. Set limits. It’s very easy to get sucked into Pinterest boards or Facebook posts and discover that you’ve just spent two of the three hours you have for writing that day on social media.

Read.

We read because we love to read. We wouldn’t be writers if we didn’t. We read books in the genre we write to know what’s selling. We read the books our friends are publishing to support them. We read craft books to learn. We read for fun.

Caution: And sometimes we read to avoid writing. (Oh don’t look at me like you’re shocked at that!) When you’ve made such a tangle of your plot points or you’re staring at an emotionally frightening scene, the idea of “reading to see how favorite author so-and-so does it is a welcome excuse. And 300 pages later, you’ve read an awesome book. But you haven’t unraveled your plot points or conquered the emotional scene.

So, do you want to be a successful writer? Are you doing all of the above? Are you overwhelmed by keeping up with all of the above?

Are you sitting down?

It’s not enough. What’s the one thing that’s not on that list? Anyone? Anyone? Bueller? Bueller?

Write the damn book.

Oh yeah!

Doing all the “right things” is great but not at the expense of your writing. We’ve all done it. Writing is hard, querying is scary, rejection bites. The happy world of reading or supporting other writer friends or posting funny cat videos on Facebook can be so much more fun.

But really, it doesn’t matter how many followers you have on Twitter or how many contest kudos you have or how many organizations you belong to. If that novel that’s getting the contest kudos isn’t complete, you can’t query it. If you don’t query it, you can’t get the sale. And at the end of the day, isn't the goal to make the sale?

That doesn’t mean you shouldn’t be doing any of the other things. You absolutely should. But make sure those “other things” don’t get in the way of your writing.

Now I want to hear from you - what of the above steps are you doing? Where could you do more? Where could you do less?

About Orly

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.

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

I've just returned from the magical Galapagos Islands, where animals and birds like no others on Earth have no fear of humans.

I had trained for the experience by walking fifteen miles every week, working out with my trainer for balance, and some swimming. Still, it was the most physically taxing trip I've ever taken. Something happens to you when your body is stressed by unusual activity. You have to meet the challenge to gain your objective, even though you've pushed your muscles—and your mind-—to the limit. I realized this is true for writers, too. Here are the writing lessons that I learned in Darwin's Laboratory.

1. If something is harder than you thought, re-evaluate how much you want it and decide what you're willing to do to get it.

 I had to step into a Panga (aka Zodiac) to get to our eighty-three-foot boat. I looked at the little rubber thing bobbing in the water, saw the giant step from the dock down to the little box in the bow and then another giant step to the hull. No seats, we had to sit on the side pontoons. I seriously considered staying on the dock.

For the unpublished writer trying to sign with an agent and get a contract with a traditional publisher, every query, every pitch is like stepping into that bobbing Panga. No amount of experience saves you from an ungraceful fall in rough currents. No wonder so many writers never take the step or quit after many attempts.

But I'm not willing to stand on the dock—not when a writing adventure and wondrous publishing scenery abounds. I get to choose my experience, and now I understand that fully. I am willing to do what it takes to get my stories in front of readers. Our own Laura Drake sent out over four hundred queries before she signed with an agent. That's  lot of Panga steps!

2. Train to get in the best shape you can.

For as much work as I did for six months before the trip, I have to admit I could have done more. My experience would probably have been easier if I'd made more effort in some areas. My mistake? I thought I was in "good enough" shape.

As a writer, that means writing. And editing. And reading. And classes. And more writing.

Everyone's rate of development is different, so don't judge your timeline with anyone else's. (If you've ever gone on a diet with a friend, you already know this!) The important thing is to keep learning your craft. Keep expanding your skills. Finish your first book. Finish your second book—it will be better than your first.

Don't make the mistake of thinking your writing is "good enough" before you're really ready to publish. That heartache may disappoint you enough to give up your publishing dream. Get feedback from a critique group or a contest. Feel the joy of revising your words into something stronger, something better.

3. Observe the details in your life. Chronicle your own emotional challenges.

I took over a thousand pictures to help me remember details of birds, reptiles, sea creatures and plants. It was much more difficult to sit with my  terror of the next "dry landing" of the Panga on a rocky shore or the feeling of failure at struggling to climb into the Zodiac after the first deep sea snorkel. 

Details make a story. You can show the small changes in your characters with details. Instead of telling how your hero feels, you can show his

emotional challenges by the way he observes his surroundings and his reaction to the details you put in your descriptions.

Believe me, the exhilaration I experienced when I hopped out of the Panga onto slippery rocks from a rough sea without a misstep will appear in a book. My character probably won't be getting out of a small rubber boat onto a deserted island, but that doesn't mean I won't be able to convey the feeling of successfully meeting a physical challenge despite almost crying when I saw what I was going to have to do.

4. Your life fuels your stories.

You don't have to go to the end of the Earth to fill your tank. But you do need to fill your tank. New experiences or closer looks at your "regular" world provide the material necessary to craft your tales.  Of course, putting yourself in an unusual setting or some place that stretches your current skills may provide ideas you never would have found otherwise.

During the first half of the trip, when I was dealing with my terror of falling into the Panga or out of the Panga, slipping going up or down the steep stairs on the boat, or losing my balance on the lava rock hikes. By the end of the trip the crewmen were complimenting me—"You really did a good job getting out of the panga today" and "You aren't having any trouble with the rocks on the hikes anymore."

I began to think about two characters in a "normal" setting that brought out feelings of terror and fear of not surviving. I write science fiction, so the severe environment of the volcano-born Galapagos Islands spurred my imagination. I have the major plot, solid starts on both protagonists and the villain, the character arcs, the beginning and several scenes of the new book worked out in my head. I felt the exhaustion of my new characters when I fell into bed at night. In the morning I had more of their story.

Even though I've been writing for awhile, I never thought I'd get the gift of a new book idea on this trip. I just wanted to swim with sea lions.

I did.

And I did so much more.

Have you ever received unexpected writing lessons on a vacation? Or in your daily life? Have you taken a trip to "fill your writing well"?

 Fae Rowen

 discovered the romance genre after years as a science fiction freak.  Writing futuristics and medieval paranormals, she jokes that she can live anywhere but the present.  As a mathematician, she knows life’s a lot more fun when you get to define your world and its rules.

Punished, oh-no, that’s published as a co-author of a math textbook, she yearns to hear personal stories about finding love from those who read her books, rather than horrors of algebra lessons gone wrong.  She is grateful for good friends who remind her to do the practical things in life like grocery shop, show up at the airport for a flight and pay bills.

A “hard” scientist who avoided writing classes like the plague, she now enjoys sharing her brain with characters who demand that their stories be told.  Amazing, gifted critique partners keep her on the straight and narrow. Feedback from readers keeps her fingers on the keyboard.

When she’s not hanging out at Writers in the Storm, you can visit Fae at http://faerowen.com  or www.facebook.com/fae.rowen