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Let’s Talk Publishing

Friday, July Post a comment

When we begin writing our book, we envision it on the shelves of major bookstores sooner rather than later. We soon learn that’s not the reality of publishing. Once our eyes are opened, we often begin to think self-publishing (indie publishing) is the best option. Maybe. Maybe not.

Many of us find ourselves at Robert Frost’s proverbial “two roads diverged.” As with Frost’s roads, both paths have their own rewards and pitfalls. Let’s explore some of the details of the two paths.

 

Traditional Publishing

The traditional route — sending a proposal, waiting for a response, resending the proposal — can be long, time-consuming, and often requires an agent. Finding the right agent can be as daunting as getting a publishing contract. What then are the advantages of a contract with a publishing company?

  • Advance

Many writers like the idea of having some income while writing the book. An advance is an upfront payment against future royalties. It’s like getting a paycheck before the work is performed. When the book is published, the company uses the royalties to pay back the advance. The advance payment is based on the publisher’s best guess of future sales. Unless enough books are sold for the payback, we may not see any further income. While the vision new writers have is once the contract is signed and the advance paid, the writer can spend the day in pajamas tapping away at the keyboard. The truth is, unless we are a well-known author with a following, most of us will need another source of income.

  • No upfront expense

A publishing company pays all the costs of bringing the book to market. This may sound great, but it might not be entirely true. We need to at least pay for the initial editing and, unless we’re a famous best-selling author, marketing is our expense as well.

  • Sense of accomplishment — finally made it

At one time, self-publishing was considered to be for writers who didn’t write well enough to be published. True, some people need to learn more about writing. However, many good writers were left in the dust as well. Even now, when our accomplishments are recognized by a publishing company, we feel as though our writing and ourselves have been validated.

 

Not all is rosy with a publishing contract. There are also drawbacks to consider.

  • Little control

The publishing company makes most decisions about the cover, editing, formatting, and so on. Some publishing companies may look at your suggestions, but don’t count on your wonderful image making it to the front of the book. We must trust our representative at the company to make the best decisions for us.

  • Length of time to publication

After signing a contract, it may take two years or more before our book is published. Publishing companies have a routine and schedule for manuscripts. Each one follows the same steps. Some smaller publishers may move a little faster.

  • Little marketing help

We, the authors, are primarily responsible for marketing, including any expenses. Marketing begins long before the publication date. As much as we may not like social media, it’s a must.

 

Self-Publishing

Self-publishing is, as the name implies, taking care of the publishing details ourselves. It doesn’t mean you need to be a graphic artist to create your cover or have a professional editor. Like traditional publishing, there are pros and cons. What are the benefits of the DIY method?

  • Creative control

As the publisher, we can make all the decisions about the cover, formatting, even the type of book: ebook, print, or both. As a self-publisher, we can choose an editor and a graphic artist with whom we work well.

  • Can be published quickly

The book will be available sooner. We’re not waiting for the wheels of the publishing company to grind through the process. Because publishing companies release books based on a company-specific schedule, sometimes, a lesser-known writer will be bumped for a “hot” topic book. By self-publishing, we can determine the best time to release our book.

 

As can be expected, there are negatives to self-publishing.

  • All upfront expenses with no advance

Not only will you not receive an advance, but you’ll also be responsible for all the expenses. While it’s possible to use “cheap” services, the quality may only be as good as what you pay.

  • Little marketing help

In today’s publishing world, marketing is the author’s responsibility. The same methods used for traditional publishing are available to a self-publisher.

  • Stigma

At one time, a self-published book meant the book wasn’t good enough. With the ease for writers to publish their books now, more well-known writers are using this method. Did you know Stephen King self-published one of his books? Many writers set up a publishing imprint to add legitimacy to their products. I recommend contacting an attorney to see if there are legal requirements in your state.

 

Writers have several chores when using a publishing company.

Traditional Publishing

  • An agent (maybe)

Some publishers require all proposals to come from an agent. Be sure to check the company’s guidelines. Pursuing an agent takes some of the same steps as landing a publishing contract. Some well-known agencies may even require a recommendation from a current client.

  • A book proposal

A book proposal has some standard parts: synopsis of the story, marketing plan, table of contents, and sample chapters. Some agents and publishers have a sample proposal on their website.

  • Building a platform

A writer’s platform is their visibility to readers. Some of the elements may be a newsletter, social media, and other publications. Platform numbers are included in the marketing section of the proposal.

  • Patience

It takes time. Traditional publishing is a waiting process. This is the reason it may take years before a book is published.

 

Self-Publishing

Self-publishing is more than writing a book and uploading to an online store. Some of the chores are needed.

  • Proposal (maybe)

Writing a proposal for your book, even though you plan to self-publish, helps you hone in on the other facets of your needs.

  • Building a platform

As with traditional publishing, the platform should begin before and during the writing phase.

  • All of the services

You are the publishing company. You will provide the cover design, editing, formatting, and so on. It’s best to be prepared to hire professionals for these tasks.

  • Patience

Self-publishing may be faster to market, but it still requires patience. Some tasks, such as editing, take time to be well done. While waiting, continue platform building.

 

The choice is based on our goals for our book. Each of us must determine what is most important for our book. Most of my books have been self-published, but I do have a book with a publishing company. For each one, I’m happy with the results.

It’s not always an easy decision, but one each writer must make for themselves.

 

 

Susan K. Stewart teaches, writes, and edits nonfiction when not tending chickens, peacocks, and donkeys. Susan’s passion is to inspire readers with practical, real-world solutions. Susan’s first published work was a poem in her elementary school “literary” booklet. Since that humble beginning, Susan has written for newspapers, magazines, and compilations. Her books include the award-winning Formatting e-Books for Writers, Harried Homeschooler’s Handbook, Family Preparedness in the City and Suburbia, and Donkey Devos: Listen When God Speaks. In addition to being a managing editor at Elk Lake Publishing, Inc. and co-owner/administrator of The Writers View, Susan is a member of American Writers and Speakers Association, Christian Authors Network, and Proofreader and Editors Network.

Categories: NAIWE Board of Experts, Self-Publishing, Susan Stewart, Traditional Publishing

Writers for Hire: Avoiding Liability When Your Author Self-Publishes

Thursday, March Post a comment

No author wants to be sued, but since self-publishing has become so common, writers who work-for-hire are particularly vulnerable.

And they know it.

When Marcia Layton Turner, the executive director of the Association of Ghostwriters, interviewed me during an Association teleseminar, the most common question members posed was “how do I avoid getting dragged into a lawsuit brought against someone who has hired me to write for them?” (A ghostwriter, by the way, is a writer-for hire who doesn’t receive credit publicly for the work they perform.)

Self-published authors are not likely to consult with an agent, publisher, or attorney who can ring the alarm about libelous descriptions, failure to obtain permissions, obscenity, or writing that could potentially intrude on someone’s right to privacy or publicity. Many self-published authors haven’t been sued only because they never sell enough books to bring any attention to the legal potholes in their material.

So where do you, as a writer-for-hire, fit into the legal landscape when the person paying you gets sued?

Under the Copyright Act, the writer who writes-for-hire is not considered an “author” of any written work when they are paid for their writing services. The person who pays is considered the work’s legal “Author.”

Writers who sign the average work-for-hire contract, whether or not they receive credit for their work, will be asked to promise that what they write is truthful and accurate. In some agreements, they may even be asked to guarantee that their written contribution will not cause anyone in the world to sue the Author or the writer-for-hire. Some of these contracts also require the writer-for-hire to promise to pay for the Author’s legal defense if the Author is sued because of the work’s content.

Like a flight captain, the Author is entitled to make all the final decisions about the content of the work — decisions that could lead to a lawsuit. The writer-for-hire, no matter how influential she is over the Author, is merely a co-pilot. This is somewhat ironic considering that a professional writer presumably performs writing services for numerous Authors and is more likely to be aware of potential legal issues associated with publishing than the Author who engages her.

So what can a writer-for-hire do to protect herself?

  • First, the writer-for-hire should include a provision in her contract with the Author that requires the Author to obtain pre-publication review of the work once it is substantially completed. This provision should be included whether you ask the Author to sign your own work-for-hire contract or you add the terminology to the Author’s contract. A pre-publication review can be performed by a literary or entertainment attorney or a publishing professional who is familiar with those laws that address libel, permissions, publicity, privacy, and obscenity. After interviewing the Author and the work, the reviewer determines whether or not there is any content that would give a third party reason to sue the Author and, possibly, any writer-for-hire who performed research and writing services for the Author.
  • Second, the contract should also entitle you to receive a copy of the reviewer’s conclusions and any suggestions for revising the work. You need to be as knowledgeable as the Author about what parts of the work are vulnerable to a lawsuit.
  • Third, you want the Author to agree to take the advice of the pre-publication reviewer or, if the Author questions the reviewer’s analysis, to seek a second opinion. The point is to make the Author aware that if certain passages in the work could trigger a legal minefield, you want them to take full responsibility for disarming the bombs that are most likely to explode.

So does adding these provisions guarantee protection from a lawsuit?

No. But if your Author is not sure about whether he will self-publish or not, it can’t hurt to have these safeguards in place to increase your own peace of mind.

 

A publishing consultant as well as a licensed attorney in both California and New York, Denise Gibbon represents and educates authors about contracts, copyright, and other publishing issues.

Categories: Copyright, Ghostwriting, Self-Publishing, Writing

The Self-Publish Pledge

Monday, May Post a comment

The Self-Publish Pledge

I’ve been working with self-published authors since 2009. This pledge sums up what I wish all authors knew before they published.

 

I, ____________________________ (state your name), agree to abide by the following:

Writing

  1. To hire an editor (if not a professional editor, a group of trusted friends or colleagues)
  2. To print a bound galley / advance reader copy and have at least two other people review it
  3. To publish a Kindle edition without an ISBN to give advance readers a page to post their review
  4. To wait until I have positive feedback to assign an ISBN and release it for sale in print

 

Title & Cover

  1. To hire a professional cover designer
  2. To check Amazon to see what other titles already come up on Amazon when I search for my title

 

Pricing

  1. To determine my print-book pricing using the IngramSpark book pricing calculator
  2. To set the wholesale discount to 50% and allow returns (at IngramSpark)
  3. To never let KDP assign me one of their free ISBNs, which would prevent me from using IngramSpark to sell to other retailers & libraries

 

Metadata

  1. To request an LCCN from the Library of Congress.
  2. To set up metadata for my ISBN with Bowker and confirm that it is valid at bookwire.com

 

Publishing

  1. To hire a professional interior designer and confirm the conversion from my source manuscript is accurate
  2. To set up my e-book directly with the three major marketplaces and avoid third-party aggregators/distributors, which limit my marketing options

 

Authorpreneur Brian Schwartz is the creator of the award-winning 50 Interviews series. More than 500 authors have trusted Brian and his team to publish their work. The mission of Brian’s practice is “to bridge the gap between self-publishers and traditional publishing by applying the proven strategies and techniques of successful independent publishers.” To meet this objective, Brian launched AuthorDock in 2016 to provide authors an all-in-one secure portfolio management tool to manage deadlines, extended teams, and critical resources. Brian is also the developer of PubWriter, a click-to-publish publishing platform used by authors to create their own web hubs for publishing, promotion, and sales.

Categories: Brian Schwartz, Self-Publishing

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