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Writers! Leave the Legalese to Lawyers

After passing the California Bar Exam, I attended the swearing-in ceremony before the California Supreme Court. In a speech to the crowd, one of the Supreme Court justices advised that the most common mistake made by attorneys was to not return their clients’ telephone calls. This seemed especially odd to me since attorneys need clients to make a living. But over the years, I’ve discovered that other professionals also make business mistakes that are hard to understand.

While attorneys ignore their clients’ telephone calls, authors, whose key tools are words, seldom understand or make the effort to understand the agency and publishing contracts they sign. As important as words are to authors, they fail to realize that a contract is often nothing less than a storyline for their writing and publishing future.

What’s the big deal, you might ask? Just read the contract.

But what if reading your agency or publishing contract doesn’t guarantee understanding your contract?

The truth is that even educated people in various walks of life cannot understand a contract without some legal background. Why? Because most contracts are prepared by attorneys who write in “legalese,” a language designed by lawyers. For anyone who is accustomed to the ordinary meaning of words, understanding legalese can be a frustrating experience.

Remember, too, that the agent or publisher has paid an attorney to prepare the contract. More likely than not, that lawyer’s version of a “standard” agency or publishing contract is designed to favor the person who is paying the lawyer and not the author. When it’s time to decide whether to sign or negotiate the terms further, why should you deny yourself the same legal edge as the other party?

When many authors are presented with a pen and a dotted line, they claim that they can’t afford an attorney. This is not a good excuse.

Think about it.

You’ve spent months if not years writing your book, stories, or articles, paying for writing seminars and editors, and sacrificing time with friends and family. You might have worked fewer hours at your day job and earned less money for an extended period to finish one or more manuscripts. Even if you hired a ghostwriter, you likely made many of the same personal and economic sacrifices. If you put a price on what you’ve invested in your writing, it may amount to many thousands of dollars.

When an agent or publisher has offered you a contract, you have an opportunity to earn back your investment and, hopefully, more. You simply can’t afford not to engage an attorney.

Although legal fees can seem daunting, you have payment options. Most literary attorneys charge on an hourly basis, but some will accept a flat fee. Many will accept credit cards or monthly payments.

Retain an experienced literary attorney — your publishing future deserves it.

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.

A Collection of Pens

Friday, March Post a comment

I read a book that says writers can — and even should — write just about anywhere and everywhere. We should write in cafes, restaurants, and coffee shops; on buses, boats, trains, and planes; and where beauty surrounds us in museums, art galleries, and places of worship.

Our minds can travel along with our physical beings so that our thoughts can become words that express ideas, which can be organized to form a book, article, play, or script. When our words are grouped in such a work, they allow us to say, “I’m a writer.”

What a lovely idea to be able to write anywhere! One can even compose comfortably in a public place in full view and with the full view of passersby. We can watch people moving at their own pace giving us impressions and insights for stories and for characters whose voices and personas we want to create. Watching these passersby, we might ask ourselves: “Who are they? Where are they going? What are they thinking about? Are they wondering why I am watching them?”

We can write from the coffee shop down the street or from a café somewhere across the world. Sometimes we just move from idea to idea. Sometimes, in a precious moment, we find a concept that takes hold of us and we cannot let go of it until we have explored it and given it breath of life. Then we must determine whether we should support its development or let it die so we can move on unhampered to the next moment.

When I began to think about this, and then to write about such thoughts, I wondered, “Does it really matter where I write? There might be something special about a person or place that could become the focus of where I might begin, or even end, a story. However, the most important thing was not where I write, but that no matter where, I keep writing.

“I’m a writer,” I repeat aloud to myself when no one is near to wonder whether I might be crazy. I introduce myself as a writer to people I’ve never before met. I need them to believe this. I need to have others believe it so I will also be convinced of its truth. Call it what you may: ego, desire, or wishful thinking.

Writing has been my heart’s desire since I was a youth. “Such things are not important,” I’d been told. I was raised in a home where there were no books, no music, and no one willing to help me believe in my dream. Remembering that now, as well as many times over the years, still makes my soul sad.

On a trip with a friend not so long ago, I thought about all this while sitting in a lovely guest room in an Inn in Vermont. It was a warm winter weekend, but spring had not yet touched the trees or grass. In Vermont, spring was still miles away. My friend would not be coming to meet me for a few hours, so I decided to write.

However, I realized I needed a pen. For some reason, I could not find any of the several pens I had brought with me. So, I went into the office like a pilot on a mission and helped myself to one of their free pens. With it already in my hand, I said to the desk clerk, “I’m taking one of your pens. Writers shouldn’t be without a pen.” She smiled in apathetic agreement.

I had noticed the pens when I walked into the lobby earlier that morning. There they were: Vermont green pens with white stenciling on them that promoted the Inn’s name and telephone number. Its web address was clearly imprinted on it as well.

Yes, I could have used my laptop. But it’s just not the same. It’s not the same to someone who feels about pen and paper the way I do. I write on lined pads of beautifully colored paper. I have them in purple and blue and pink. I love the way it feels when my pen touches the paper. I know that when the words appear they are from my voice. Sometimes the words and phrases seem to spread across the colored paper as if by magic!

It is right then and there in the Vermont Inn that I decide to begin “A Collection of Pens.” It would be both a story and a real collection. I would collect pens from everywhere and anywhere that I wrote. Then, I would write about my collection of pens. “After all, I’m a writer.”

I decided I would also buy a “special pen” in each city I visited. My collection of pens would remind me of the dream of my youth and the belief of that dream becoming reality in my older age. The pens would have been my paint brush if I had been an artist. They would have been my ballet slippers if I had been a ballerina.

My collection of pens is not meant to be displayed. I don’t really need anyone else to see them. I certainly don’t want anyone to touch them! In fact, there are only a few people to whom I might consider showing my treasures because for me they are precious. They allow my heart and soul to share my secrets and my truths. I hold them tightly when I’m writing for fear that if loosen my grip the ideas might escape. Then, how would I write?

When I hold a pen, it becomes my friend, my lover, my conscience. Sometimes I hold a pen in long embrace thinking about what I want to do next. Where do I want to go with my ideas or the relationship of my characters? The pen feels my emotions as I squeeze it, tap it, swirl it around, or even put it in my mouth. The pen knows my touch. We are intimate. The pen even knows when to be ruthless and unforgiving, grabbing hold of thoughts before they wander or lose their way.

Together, we are in this pursuit of words and sentences and paragraphs and pages and chapters that become a book filled with human dignities, and at times, even indignities. In books, we can find ourselves or lose ourselves. We might travel long distances or take short walks across time and place. We find expressions of all emotions and complications, as in many relationships. We wonder how it feels to be that person, in that place, in that time. We pretend and envision that we could lead that life and occupy a special place in the book.

My collection of pens has helped me open minds and hearts: Sometimes those of others, sometimes my own. I have thought quite seriously about what this collection of pens means to me. I understand clearly and certainly that it is about my promise to myself as a youth that, “I will one day be an important writer.” I had envisioned my books in the windows of bookstores. I had seen myself signing books as a long line of waiting and eager readers came to the table with their purchase of my book and told me their name to sign in it.

Today, when people at my book signings tell me about themselves and their dreams, I feel a connection. I understand their hunger. It was my hunger as well to have a dream fulfilled. Some ask me how long it takes to write a book. Others simply say: “Thank you, you’re a wonderful writer.” I beam. I reach out and touch their hand, look at them, and say thank you. I really mean it. At the same time, I whisper to myself, “Dear God, thank you for this gift.”

My collection of pens has helped me to reach the dream that appeared to me so long ago. They have been my support and my determination. Too often we writers do not have people who encourage us. Sometimes we have one or two, but it is not always enough. People in our lives tell us we are foolish or unrealistic. We often give them too much power.

To this day, that awful voice with the destructive words and attitude has never quite left me. People who should have supported me said: “Who do you think you are?” Although I long ago beat it, drowned it, and buried it beneath layers of hopefulness, now and then, that voice creeps to the surface. I answer by reminding myself of my accomplishments: “I’m a writer. I not only have my collection of pens, I also have the books I’ve written to prove it.”

So do you!

Marcia Rosen (aka M. Glenda Rosen) is an award-winning author of eleven books including her newest one, An Agatha, Raymond, Sherlock and Me Mystery: Murder at the Zoo plus The Senior Sleuths, Dying To Be Beautiful Mystery Series, and The Gourmet Gangster: Mysteries and Menus (menus by her son Jory Rosen). She is also author of The Woman’s Business Therapist and award-winning My Memoir Workbook. For 25 years, she was owner of a successful national marketing and public relations agency. Marcia has frequently been a speaker or program moderator at organization meetings and conferences, bookstores, libraries, and Zoom programs. Topics she has taught and presented over the past twenty years include Encouraging the Writer Within You, Marketing for Authors, Writing Mysteries…Not A Mystery, Writing Your Memoir, and recently Anatomy of Writing a Murder. Many articles on these topics have been published on mystery reader blogs and in newsletters and magazines and her newest articles relating include Location, Location, Location: Murders Have Their Places; Hearing Voices of Past Famous Detectives: Their Impact and Influences; and Writing Mysteries at a Zoo: With Caution. She is a member of Sisters in Crime National and New Mexico (Croak & Dagger), Southwest Writers, New Mexico Book Association, Women Writing the West, Public Safety Writer’s Association, Women’s National book Association, and National Association of Independent Writers and Editors.

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.

Writing Mysteries and Murders at a Zoo (With Caution and Care for the Animals)

Wednesday, March Post a comment

New Mexico is a land of amazing sunrises and sunsets with a sky constantly changing colors and forms, mountains framing the background, and a desert that stretches across the mesa often giving the land a mystical feeling. Known as the land of enchantment, it still has its share of mysteries, ancient and new. As a mystery writer, I find it intriguing and exciting to involve this land as an important character in my new mystery. Place is often as important a character as the people in a novel.

But at a zoo? Well, yes, with much caution and caring for the animals. Please don’t worry about the animals in my stories. They are well-cared-for and loved. In Murder At The Zoo, two lion cubs are born: Imani (meaning faith) and Sabrina. They are “adorable and not the least bit camera shy.” Mom and Dad, Kamali and Kasi, are very proud and protective parents. A baby zebra is born and there is a contest to name him. In fact, after the two main characters in the book, the veterinarian and detective, watch the foal being born, Miranda, the veterinarian, tells Bryan, the detective, with a grin, “We just had a baby.” The poor guy is a bit freaked at that comment. Miranda and Bryan alternate between flirting and fighting off romantic feelings. Murder keeps getting in their way.

The zoo veterinarian and the charming police detective become romantically involved as they work toward solving a series of murders. Their romance certainly has a hefty fair share of friction and interruptions, since Miranda’s father is a gangster — even though he claims to be retired. What could possibly go wrong? Plenty! There are also a number of other interesting, crazy, and unusual characters, as well as a fair share of humor to encourage you to smile a bit.

Writing any murder mystery book is akin to putting together a puzzle with a thousand pieces. When the mystery begins with a murder at a popular zoo, there is bound to be a need to also add a lot of positive animal experiences. And I make sure to do that.

The good characters are interesting and appealing, so the question becomes, How does the author present the bad guys and surprise the reader? A good mystery tries to lead the reader astray a bit by placing suspicion and blame on various suspects. It’s important to have the reader involved and interested in your story, so they attempt to solve the crimes along with you. Don’t make it too easy. Still, murders at a zoo?

Excerpt:

“Miranda, get to the zoo! Visitors are pointing at a human arm in the lions’ enclosure.”

“Hmmm. This is intriguing. A body in the lions’ den. What are the facts?”

“Agatha, Raymond, facts if you please,” Sherlock demanded.

“All of you shut up!”

It was not the first time Miranda shouted to the voices in her head. Sometimes they seemed so real to her. She had read nearly every book of every famous mystery writer and had seen movies made from them many times. She was often absorbed and obsessed by the stories and the characters.

Miranda loved their ways of thinking, analyzing problems, finding solutions, and delving into the dark spaces hidden in humanity: Raymond Chandler’s tough Detective, Philip Marlowe, who always found a dame he could lust after and distrust and Agatha Christie’s Hercule Poirot, Miss Marple, and her Tommy and Tuppence. Their gossip and ways of finding clues and uncovering secrets swirled in her head, while the famous Sherlock Homes demanded facts and attention to the tiniest of details.

There were other geniuses of mysteries who stopped by to give Miranda their “two cents” at times, especially when Agatha, Raymond, and Sherlock were disagreeing with each other.

Miranda was sure they would have plenty to say about the murder at the zoo.

End of Excerpt

Why would I choose a zoo as a place for a murder mystery? Why would anyone? Well really, why murder anyone, anywhere for that matter? Even when the murders take place at a zoo, you eventually have to get the bad guys to talk or confess or have someone give them up. Along the way, you are also on the chase with your characters through conflict, danger, and mystery. In addition, this book provides an opportunity to give a positive voice to all the wonderful reasons for the existence of zoos.

In Agatha, Raymond, Sherlock & Me: Murder at the Zoo, these characters are often telling the veterinarian what to think or do. In Sherlock Holmes and the London Zoo Mystery (W. Lane; 1986), it is an entertaining story that recaptures the atmosphere of Arthur Conan Doyle’s original Sherlock Holmes’ tales and includes the familiar figures of Sherlock Holmes, Dr. Watson, and Inspector Lestrade. The book also features several real-life characters, including Abraham Bartlett (Superintendent of London Zoo, 1859–1897), the famous African elephant Jumbo, Matthew Scott (Jumbo’s keeper), and P.T. Barnum.

Ultimately, you want to be able to explain your characters’ motivations for their criminal behavior. Common sources are anger, hate, power, money, and, of course, revenge. Revealing truths, secrets, and lies with stories of betrayal and vengeance and surprise endings can leave your readers wanting more. Your first sentence, your first paragraph, should grab your reader . . . maybe even by the throat, like a good murder!

Many years ago, we had a lassie collie who thought she was a lap dog, and my son and she adored each other. It’s good for children to grow up with pets and learn to care for them. It’s also wonderful for adults to have the love of an animal who doesn’t judge them. Right?

Excerpt:

Bryan whispered to Isabella, walked out, and came back in with the most special gift of all. Handing Miranda the leash to an Australian Shepherd puppy he said, “Your new watch dog.” And giving her a big kiss, he whispered, “You know, I love you.”

The detective and the veterinarian were too busy to deal with the “I love you” issue for now but . . . eventually.

Of course, the voices had to have their say.

“Yes, you can trust him.” Agatha was such a romantic.

“Well, we agree!” chimed in Sherlock and Raymond.

“What are you going to name her?”

With a mischievous grin Miranda said, “Agatha.”

End of Excerpt

End Note

The main benefits of zoos include conservation, education, and research programs that are designed to preserve and protect wild populations of animals, as well as educate.

Some fun facts about zoos:

There are more than 2,800 zoos and aquariums all over the world.
Every year, more than a hundred million people visit zoos. This number exceeds the total attendance of all big-league basketball, football, and baseball games.
There are 350 zoos in the United States.
The first public zoo in the United States was opened in 1874 in New York and was called the Central Park Zoo.
April 8^th is National Zoo Lover’s Day.

A clever, intriguing, and gripping new cozy mystery filled with exciting twists and turns, bizarre murders, and fascinating characters, including several dead authors who seem to speak to Veterinarian Miranda Scott. A fan since childhood of Agatha Christie, Raymond Chandler, and Sherlock Holmes, their voices seem to live in her head frequently telling her what to do . . . and not do. Especially when it comes to solving mysteries. Murders, deceit, revenge, a gangster father, and godfather also often get in the way of a fine romance!

Staying Motivated

Monday, February Post a comment

It’s not always easy. We can get distracted, tired, anxious, frustrated, and sometimes wonder why we even bother writing. Still, many of us, including myself, would agree with Sylvia Plath: “You ask me why I spend my life writing? I write only because there is a voice within me, That will not be still.”

I find it helpful to establish priorities and boundaries. Do not call me between certain hours. It’s best if you have a set place to write (even if it’s at a coffee shop) and write each day as much as you can. It’s also important to check in with yourself on a regular basis to be sure you haven’t gotten off track from your original dreams and ambitions.

When you first thought about what you wanted to write, it’s possible you might have known it would be demanding and challenging. Perhaps you thought it would be easier or quicker or certainly more fun. So, when you get off track, or feel like you are going to, reconsider what the right track is for you. Are you really writing about what you want? Are you taking your writing seriously? You have every right to be a writer. Don’t listen to negative voices!

So, if you’re procrastinating, or experiencing anxiety about writing, it may help to do some of the writing prompts below. Writing exercises and prompts can help you to escape for a time from thinking about whatever else it is your writing. These exercises allow you to view situations and people, or even some characters in your book, from different perspectives. Respond to any or all of them and don’t be concerned about your answers. They can be your secret!

Writing Prompts

Pick several people you know, and write a brief paragraph about each one of them.
Select five of your favorite words, and write a paragraph using them.
Write a letter to your favorite author, and tell them how much you admire their work.
Write a letter to anyone you love or admire.
Write about something you might be grieving or sad about.
Write about how you see the world today.
Write something funny.

Finally, remember your words do matter. They matter to you and you can make them matter to others. The power of words, your words, can help others explore new ideas and develop different opinions. Believe it . . . your words can have an impact!

“There is no greater agony than bearing an untold story inside you.” Maya Angelo

What a Literary Agent Is and Why (or Why Not) You Need One

Friday, February Post a comment

A literary agent essentially assists authors in selling their books to publishers. But this basic definition doesn’t take into account all the other hats agents wear that help authors further their careers. When I hear people dismiss agents because they take 15% of an author’s advance and royalties, I know they don’t know the full range of tasks that agents do on behalf of their clients. Yes, authors can be published traditionally without an agent (although many publishers only accept submissions from agents) or publish independently, as there is value in an agent for many authors.

If it’s true that the best way to make a decision is by having all the information, then knowing the full scope of how an agent can help an author is necessary for authors in deciding how they want to get their book into the world.

Agents are:

Editors

An agent decides to represent your book because they believe it can be sold to a publisher, but that doesn’t mean the agent thinks it’s ready to go. In fact, part of the decision an agent makes when considering a book is how much work it will need to get it ready for submission to a publisher. If the writing and premise are good, but not executed well, the agent might reject it or perhaps send it back telling the author to revise and rewrite (R&R). But if it’s close to being ready for a publisher, the agent may offer representation and then the work begins to make the improvements.

The advantages of having an agent that edits are (1) a developmental edit and proofread to submit the best book possible, (2) specific suggestions that make the book marketable based on what the agent knows is selling, and (3) tips to improve your writing. This isn’t something the agent bills for (if an agent asks for money for editing, be suspicious). Agents give this time, investing in you and your book with the belief that your book will sell.

Note that agents don’t force writers to change their books. But if an agent is suggesting a change, it’s usually because they believe it’s something that will make the book more appealing to a publisher.

Databases

Agents have easier access to publishers, but it’s more than having a list of who publishes what. While a publisher might publish mystery, only one editor in the company might take noir mysteries. Some editors have very specific wants and don’t-wants that are only known through an agent’s experience in working with them.

Some editors leave one publisher and go to another, which agents keep track of. Agents talk to each other and share information about which editors are responding quickly and who aren’t, or what they want more or less of at any given time.

And of course, with this database, agents have connections with editors. Part of what an agent does is develop relationships with editors, partly to keep up on what they want, but also so that the editor will pay attention to what the agent sends.

Access

This is covered some in the Databases section above, but this access also includes the ability to submit multiple manuscripts, something frowned upon when submitting without an agent. Agents have telephone numbers and direct emails to editors. This isn’t limited to submissions. I recently emailed an editor to learn if they would except a book set in Australia so I could let my author know whether she needed to change her book’s setting to be considered by the publisher.

Educators/Mentors

The publishing industry, like most industries, has its own lingo and rules. An agent will help you navigate through the publishing pipeline (it’s longer in to-dos and time than you might think). Essentially, an agent is there to lead through the publishing maze, offering support, information, and encouragement. They also especially enjoy working with authors who want to make a career out of writing or at the very least plan to write several books. They’ll work with you on how to best grow your writing career.

Project Managers

What many authors don’t know is that there are a lot of moving parts to getting published. When the book is sold, the agent will continue to be involved making sure the book project is moving forward. It can take weeks for a contract to be sent once the editor makes an offer and the author accepts. The agent stays on top of this. The agent will check the contract to make sure any changes requested are included. They will track important dates to help the author meet the deadline to get the manuscript to the publisher. They also check book sales numbers, making sure the author is getting paid per the contract, including amount and frequency.

Counselors

The publishing industry can be a frustrating one. An agent knows this and is ready and willing to be an ear to unload to or a shoulder to cry on. When you’re frustrated, confused, or even excited, your agent is there to help you through it.

Negotiators

Most publishers have standard contracts, and while many don’t offer much wiggle room, some do. I have a client who signed a contract on her own (without an agent) that was so bad and nebulous, we were worried they owned every work of hers forever. An agent would have caught this and asked for a change (e.g., first right of refusal for next book in that genre, not every book in the publisher’s genre, including imprints, forever). Agents can ask that you retain some rights so they can be sold later potentially for a better deal, such as foreign or movie rights. They can sometimes negotiate a higher advance, if the publisher offers one.

Mediators

Once a book is sold, the author and editor begin connecting to prep the book for publication. But keeping your agent in the loop means you have your advocate ready if or when issues arise. As an author, I once told my agent I didn’t want to talk to an editor anymore because I didn’t like how she spoke to me (I sometimes wondered why she bought the book). Luckily, I had an agent to act on my behalf and the book, plus two other books were published.

Do you need an agent to get your book published? No. But just like a real estate agent can handle the complexities of selling or buying a house, a literary agent can do the same, allowing the author to focus on writing their next book, while the agent handles submission prep and querying to multiple editors specifically picked for the book, contract negotiations, understanding royalty statements, and more.

Leslie Truex is a literary agent with Blue Ridge Literary Agency and an author coach. She began her writing career by accident after starting a career website in 1998 that resulted in a freelance writing career and two traditionally published nonfiction books. However, Leslie’s passion lies in writing fiction. She is the author of a dozen romance and mystery novels using a pen name. Leslie enjoys sharing her insights and experiences to help emerging authors get their books published. She also supports authors through her online community for romance writers and coaching to both fiction and nonfiction authors. Leslie has spoken and provided workshops as an author and agent at a host of events, including The Virginia Festival of the Book, Malice Domestic, Maryland Writers Association, The Virginia Writers Club, as an adjunct at Piedmont Virginia Community College, and more, and she is the former president of The Virginia Writers Club.

Audiobooks Sell: Production and Marketing

Monday, January Post a comment

The audiobook market is one of the fastest-growing segments of the publishing industry. According to the Audio Publishers Association, it grew an estimated 24.5% from 2017 to 2018. This included self-published authors and small publishers who access numerous marketing actions and opportunities to create and an awareness and enhance sales. And think of the millions of people who drive to and from work each day many listen to audiobooks. They are just one audience since people can listen anywhere, anytime. Following are the major elements involved in producing and marketing an audiobook.

Production

Recording

The recording of your book is the first step in the process. Either the author or a talent will need to be well spoken, easy to understand, and appealing to listen to. Once the talent has been selected, the recording sessions can begin and recording time will depend on the length of the book. Usually estimated by word count, for example, a 60,000- to 70,000-word book should take about ten hours.

Post-Production/File Creation

Once the recording is complete, the file should be carefully reviewed to make sure all flubs, misreads, etc. are cleaned up. Music, pauses, and other needed elements should be inserted in the proper places for an entertaining final product.

Once the product is completed, files are created in the proper formats for the author’s website, Audible, Hoopla, and other audiobook sellers. The files are delivered and uploaded as needed for each site. Tests should be made to make sure the files are being downloaded correctly and meet both yours and the seller’s requirements.

Distribution

Audiobooks can be distributed and sold on Amazon, Audible, Apple, Google, Chirp, Hoopla, etc. Your publisher should be able to help you list it on Amazon. There are companies like Findawayvoices.com that can help with development, and there are companies like librofm.com, an independent audiobook retailer, that can help with distribution. Be sure to compare pricing. If you’re published through Kindle, they should be able to help you list your audiobook on Amazon.

Marketing

With the recording done and the files uploaded, it’s time to market the book to drive sales. This includes creating strong, appealing messaging concepts with opportunities for ongoing visibility for your audiobook.

First and foremost, audio-specific marketing materials, graphics, and posts for audiobooks need to be created. A simple and quick example would be to have a book rendering with headphones bracketing the cover. This is an easy way to catch the attention of audiobook listeners, letting them know that this book is available in audio format and is being marketed directly to them.

Following are some additional strategies for promoting an audiobook for preorder and sales:

Launch. Develop and distribute a press release announcement. Send to your contacts and post on your social media and also on your personal website.

Your Website. The file will be uploaded to your website where people can download samples and also purchase your book. Adding an e-commerce element to your site is simple and can be set up to handle credit card transactions with the funds from the sales being delivered directly to a bank account of your choice. You have the price set and run various promotions, including contests to generate sales. In addition, this will be a good way to sell printed copies of all your titles. Or, of course, you can work with a distribution company such as Findawayvoices.com.

Social Media. An audiobook should be promoted across all social media channels. Samples should be available for download with direct links to your or other sites for purchase. Consider running contests for free copies of the audiobook.

Newsletter. Announce the preorder via your newsletter or blog if you have one and on your social media pages. Many of these groups are genre-specific (like Aural Fixation and Audio Loves on Facebook for the romance genre). Authors can do a search for groups or pages that focus on audiobooks in your genre.

Bloggers. Approach audio-centric bloggers (e.g., AudioGals), genre-specific bloggers, and review podcasts. Offer an Advance Listener Copy (ALC) or ask about partnering on a giveaway for an ALC to one of their subscribers/listeners.

Podcasts. Review podcasts also tend to have promotional spots/opportunities for advertisers, where authors pay a fee to share a sneak peek of their audiobook on the podcast. Data suggests podcast listeners are also audiobook listeners. There are a number of podcasters listed on Google who feature interviews with authors.

Facebook Live. Leading up to the release or even after the audiobook is out, ask your narrators if they’d be willing to do a Facebook Live video with you. Prepare questions ahead of time for your narrator and share short snippets of the book live. Make sure you post the link to your audiobook in all social media and special event posts. You can also do Facebook posts and boosts to vast and specific audiences.

Boost Retailer Pages. Post screenshots of your audiobook available on retailers, and tag that retailer in your post/social media announcement. Some retailers might even share your post to their audience, especially if you consistently share their purchase links (even library distributors, like Hoopla and OverDrive!).

Affiliate Links. Always remember to use affiliate links on your website, directing all traffic (social media, podcasts, bloggers, newsletter, etc.) through your affiliate links.

Discount the Audiobook and Promote It on Chirp (owned by Bookbub). This is another marketing option to consider. The ability to control the price of an audiobook on retailers is an extremely valuable marketing tool. If you distribute through Findaway Voices (to Chirp, Apple Books, Google Play, Authors Direct, Audiobooks.com, Hoopla for libraries, etc.) then you can have full control over the price of your audiobooks on those retailers. Ultimately, you’ll have the ability to offer discounts and sales on your terms and your schedule rather than having the price (or discount) dictated to you.

Audiobooks are a huge market and an opportunity to significantly increase awareness of your books and you as an author, while potentially increasing your income. Costs vary. Comparison shop or ask for a referral.

Marcia Rosen (aka M. Glenda Rosen) is the author of 10 books including the Dying To Be Beautiful Mystery Series, The Gourmet Gangster: Mysteries and Menus (which she wrote with her son Jory Rosen and was a 2021 New Mexico-Arizona Book Awards winner) and The Senior Sleuths. She is also the author of The Woman’s Business Therapist and award winning My Memoir Workbook. For 25 years, Marcia was owner of a successful national marketing and public relations agency and also facilitated numerous writing programs. She continues to work with aspiring author clients, providing manuscript reviews and advising them on book development and marketing, as well as writing articles, appearing on author blogs, and presenting writing programs on Zoom and in person. Marcia was co-presenter of “About Being an Author” for The National Steinbeck Center. She is a member of Sisters in Crime Albuquerque (2022 vice president), Southwest Writers, Women Writing the West, Central Coast Writers, New Mexico Book Association, Public Safety Writer’s Association, and National Association of Independent Writers and Editors — for which Marcia is also a current board member.

Writing Mysteries . . . Is It A Mystery?

Monday, January Post a comment

Your first sentence, your first paragraph, should grab your reader . . . maybe even by the throat, like a good murder!

Writing a mystery book or series is akin to putting together a puzzle with a thousand pieces. Where should you begin? Do you start the puzzle with the corner and edge pieces, providing details on the main characters including the heroes and criminals? Or do you start in the middle, revealing upfront the murder and complexity of the story plot?

Whether you start with corners, or centerpieces, what matters is sticking with your structure and then pacing the plot. You need to keep it moving forward by creating suspense with clues and mysterious happenings.

In the television mystery series Columbo, the murder always took place at the beginning of the story. The seemingly flustered but persistent detective follows various suspects and clues to eventually catch the murderer. In other television mysteries, you follow the path of an ordinary citizen — writer, baker, doctor, librarian, or florist — who is captivated by certain events and incidentally gets involved in solving crimes. These amateurs just can’t seem to help themselves, even when following the clue leads them to danger.

From these types of mysteries known as cozies to film noir with gangsters and hard-boiled detectives to terrifying thrillers, mysteries have long appealed to the reader and viewer. As a writer, you can choose your own style, your own way of creating characters and stories of murders and mayhem, and your own way of presenting clues and suspects leading toward solving the crime. Yet, there are certain elements essential to a good mystery, which can take the reader on a fascinating ride through a criminal’s mind and the minds of those who reach into that mind to catch them.

Yes, everyone has a right to remain silent! Even you . . . right to the end. Of course, you eventually have to get the bad guys to talk or confess or have someone give them up. Along the way, you are also on the chase with your characters through conflict, danger, and mystery. However, your intent is to capture your readers!

You want your readers to become involved and interested in your story so they follow the clues you leave, and they attempt to solve the crimes along with you. Don’t make it too easy: there should be a number of possible suspects. Enhance the plot with character conflict and red herrings that might confuse and steer the reader away from the real murderer. The bad guy can also lead the reader astray by placing suspicion and blame on someone else.

A good mystery story includes an intriguing plot, interesting characters (often with unique characteristics), descriptive places and locations that set a mood, interesting and controversial dialogue, clues (real and false) leading to the bad guys (and gals), and a bit of humor. Be clear about your point of view. Is it from the perspective of the main character as in Sue Grafton novels or a third person as in Raymond Chandler mysteries?

Ultimately, you want to be able to explain your characters’ motivation for their criminal behavior. Common sources are anger, hate, power, money, and, of course, revenge. Revealing truths, secrets, and lies with stories of betrayal and vengeance with surprise endings leave your readers wanting more — especially in a series!

Although you might think it strange, I suggest you ask yourself what your motivation is for writing or wanting to write mysteries. In my mystery series, The Senior Sleuths, the actions of my senior characters, Dick and Dora, often reflect my truths about life and relationships.

Employees Are Burned Out, So They’re Tuning Out

Monday, November Post a comment

According to a 2022 Gallup report, employee engagement in the United States experienced an annual drop for the first time in a decade — falling from 36% engaged employees in 2020 to 34% in 2021. This downward trend has continued into 2022 with the number now sitting at 32% of employees engaged. Meanwhile, the percentage of disengaged employees increased from 16% to 17% in the last year.

So, what’s the problem?

Why Are Employees Disengaged?

The report found that employee engagement varied by job type and industry. Healthcare workers saw the greatest decline. Management roles also faired poorly. Still, workers across the board are pretty checked out at this point. In fact, according to a recent McKinsey study, 64% of employees surveyed said they were “somewhat likely” to quit in the next 3–6 months. And that’s without even having another job lined up.

Why?

Employees say they’re feeling disengaged and disconnected from their work because

they don’t have enough time to do their work
managers communicate poorly
they lack support from management
their role or duties are unclear
the boss treats them unfairly
they don’t have the right equipment
their purpose is uncertain.

Employees also report feeling strongly that their employers are not concerned about their well-being. Employee engagement is directly linked to a resilient workforce and improving well-being. This is because engagement elements like collaboration, involvement, communication, and development help build trust. With this trust, employers can address overall well-being.

Do you know how your employees and team members feel? If not, it might be time for a check-in.

Remote and Hybrid Work

Interestingly, employees who have fully remote or hybrid work arrangements are more engaged than those who must work exclusively on-site. Still, remote worker engagement has dropped significantly. The reasons for this are the same as above, in addition to issues surrounding recognition and development.

Signs of Employee Burnout

It’s not hard to know if your employees are getting burned out and becoming disengaged. There are many indicators.

Just take a look around and see if you notice any of these signs:

withdrawn, irritable, and angry team members
apathy and decreased morale
a decline in job performance
increased conflict between employees
higher levels of absenteeism.

If you see the warning signs, it’s time to act. Employees who are burned out and disengaged don’t perform. Before they slip too far, get them back on track and optimize your operations.

What You Can Do to Boost Employee Engagement

Support your staff. Employees who feel properly supported by management are 70% less likely to experience burnout.
Listen to your personnel. Your employees have ideas — good ones. So listen up and implement some of those ideas. Don’t just make your employees feel heard, listen attentively.
Embrace flexible work environments. People love options and today’s work life is different. Offer flexibility for employees and how they work, whatever that looks like.
Focus on well-being and balance. Employees have lives outside of work. Provide resources to aid a healthy balance between work and life.
Keep communication open. A person who knows their role and how it fits within the company’s bigger vision works smarter and is more engaged.
Manage managers. Employees with overbearing or unclear management waste time, burn out faster, and are unsatisfied at work. Coach managers regularly.

There’s a lot you can do to remedy low employee engagement and high burnout. Focus a little less on finances and a little more on meaningful human interactions. In the end, it benefits employees and employers alike. Turnover rates will decrease, performance will rise, and resilient company culture will thrive.

It comes down to creating a better experience for employees. This is your opportunity to survey your workforce. Get their feedback and see where they stand. Use this data to develop a plan to improve company operations and employee engagement. Audit your business decisions and practices to see if they still align with the company’s values and culture.

Start by looking at your management team. How are they different from other organizations? Do their style and decisions fit the brand? Do they actually know how to manage and guide projects to completion? After all, they’re responsible for keeping their teams happy and functioning optimally.

Secondly, assess what you offer employees. If you think you’ll lure top talent with a high salary and some health benefits, think again. Today’s employees want more. However, they’re not asking for more money. They seek a holistic employee experience where there’s an equal emphasis on growth, well-being, and engagement.

How do you do this?

Prioritize relationships and avoid transactions.

People crave connection and meaningful relationships. Explore more personalized approaches to attract and retain employees rather than transactional tactics. Determine what matters most to your teams, express recognition and appreciation in various ways, and build relationships with your employees.

Let work be a place of social interaction.

The strongest predictor of a positive work experience is the social element. That is to say: keep the workplace a place where friendships can flourish. Employees also want quality relationships with their team members and leaders. A positive organizational social climate plays a major role in employee experience and, therefore, employee retention.

Provide opportunities for advancement.

Obviously, some cases call for short-term, contract, or temporary employment. However, keep in mind that these temporary arrangements, or treating employees as such, feel very transactional. Employees won’t stay at — and might not even join — an organization that has no opportunity for growth.

Implement a sustainable work management approach.

If your organization’s processes and workflows are overly ad hoc, lacking clarity, and creating confusion, bottlenecks, and delays, your teams are likely feeling the strain and frustration. By investing in the optimization of your company’s processes and workflows, you’ll improve engagement, build a more resilient workforce, and create a more scalable business.

Stephen (“Steve”) Colwell is the founder of Clarify Media and Completing, one specializing in marketing and brand strategy for B2B and B2C firms; the other focused on growth operations training and consulting for teams seeking more scalable ways of operating. Steve brings 15+ years experience leading high-performing creative, technical, and operations teams across the globe. A certified Agile practitioner and Fractional CMO, Steve helps teams of all types and sizes save time and accelerate growth by implementing the same proven methods and routines practiced by today’s top-performing companies. Steve has helped national and global brands in technology, healthcare, education, finance, consumer goods, travel, entertainment, blockchain, and a number of other industries.

Who Are You Posting For?

Thursday, October Post a comment

Are you hoping your well-thought-out social media content brings in new customers? Why not increase your chances by spending a bit of time understanding your target audience. One technique, taught throughout graduate-level marketing courses in academia and widely practiced by top ad agencies and PR firms, is to create target personas. A persona, or a fictional character created to represent your target audience, can be embedded into facts and stats and all that fancy quantitative data many of us love to employ. But by adding the qualitative element to your research — the persona — you will indirectly be humanizing your brand to, you guessed it, attract more human customers.

Identify a Real-Life Model Persona

Before I get started creating a persona for any brand, I like to first identify a real-life friend or relative or neighbor who matches, as precisely as possible, my desired target audience. For example, if I’m a writer who specializes in writing pet bios for local animal rescues, I might select Moira, the receptionist at my dog’s veterinarian office. I know she’s an animal lover, that she has two rescue pups, and that she occasionally fosters a cat or two. Essentially: Moira is my target audience. So to qualify this real-life human into a persona, I might take along my notepad the next time I visit the vet; and while waiting for good ole’ Fluffy to get his next round of vaccines, I may jot down the key characteristics that make Moira, Moira. For any answers not immediately apparent based on physical observation or existing knowledge, just use some critical thinking and good judgement to fill in the blanks.

Example Real-life Persona — MOIRA

Age: 31

Sexual Identity/Gender: Female

Occupation: Vet Receptionist

Educational Level: Some college

Web Habits (Platforms, Blogs): Tik Tok and Facebook. Obsessed with posting pics of rescue pups in need of a home. Religiously reads DIY hair color blogs and the SPCA newsletter.

Attitude toward your service: Loves the fact that writers freelance as animal bio writers.

Values toward others: Prefers kindness. Loves helping others — especially animals.

Typical Day in the Life: Up early to walk the dogs and fix her hair for work. Usually runs errands on her lunch break to get back home to the dogs right after work. If she goes out on the weekends it is to a dog-friendly brewery or dog park.

Quote that represents her: “Choose Love.”

Create an Ideal, Fictional Persona

The next step in your qualitative research is my favorite step. And I suggest you have fun with creating your ideal fictional persona, too! I do want to emphasize this is fiction — so there are no right or wrong answers. Again, simply use your best judgement to create a persona of the ideal potential customer — the one for whom you post!

Example Ideal, Fictional Persona — MATTHEW

Age: 50

Gender: Male

Occupation: Store Manager, Coach Factory Outlet; Founder, Fluffy & Furry Animal Rescue

Educational Level: Master’s degree

Web Habits (Platforms, Blogs): Instagram, Twitter, and Facebook. Travels endlessly, but also posts pics of his pets back home, at a relative’s house, “missing him” while he travels. Listens to NPR and loves True Crime Podcasts.

Attitude toward your service: Prefers animals to people (unless they are buying a new purse). Sees animal rescues and those who write bios for an animal rescue as essential.

Values toward others: Alienated from his family at a young age — animals keep him going.

Typical Day in the Life: Up taking pics of his dog, cat, and bird (for his Instagram Stories) before the sun rises. Runs home from the Coach store at lunch to check on his animals. Started his animal rescue five years ago and dedicates his weekends to that work.

Quote that represents him: “Everything’s gonna be alright.”

Now it’s your turn! Take some time to add personas, or qualitative research, into your data and market research — and then get to it! You’ll find your social content gains more traction and fosters a higher level of engagement, once you know who you are posting for!

Ashley Henyan is a digital marketing consultant, a freelance writer, and the communications director for the American Red Cross of the National Capital & Greater Chesapeake region. Previously, she held leadership roles in digital communications and media relations with the Red Cross in Los Angeles and Atlanta. Ashley has developed curriculum and trained hundreds of staff and volunteers across the United States in courses like Leveraging Your Story on LinkedIn and Social Media Story Telling. She has been invited to discuss social media marketing and brand visibility on various podcasts and with local and national associations. Ashley has played an integral part in award-winning social media campaigns including honorable mention recognition with the PR Daily Content Marketing Awards and numerous Silver Telly Awards for Branded Content. She holds a B.A. in government and politics from the University of Maryland and an M.A. in English and creative writing with a concentration in screenwriting from Southern New Hampshire University, and an MFA in creative writing from Southern New Hampshire University. Ashley’s work as a ghostwriter has appeared in national and international publications including Yahoo News, China Global Television Network, and The CEO Magazine.

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