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Over the last several months, I've been fortunate enough to speak at several libraries and writing conferences. I've also been teaching some adult education classes at the local community college.

I talk about how I got an agent and landed a book deal, how difficult it is to break into the publishing business, and how to make sure your manuscript is good enough to sell.

Many times, people have come up to me after my talks, asking if I had a hand-out explaining some of my points.

Well. . . now I do.

How to Find an Agent and $ell Your Writing relates the steps I took to become a full time writer. It's the sum total of my publishing knowledge so far, and it contains many hints and tricks that you won't find in the regular how-to books.

I've come across these nuggets of info the hard way (trial and error), and now I'm passing them on to you the easy way (free).

Yeah, the booklet is free. 100%, no strings attached. You can download a pdf file by clicking

HERE

Why am I giving this away rather than selling it? The reason is simple:

I want to help new authors.

No one helped me get published. I succeeded in this biz without nepotism, bribery, or luck. It was a hard, uphill battle, but after doing everything wrong for 12 years, I finally became a slush pile success. You can too.

If you're having problems downloading the booklet, you probably need to go to www.adobe.com to pick up a free Adobe Reader. The file will work for PCs and Apples.

The info contained inside is copyrighted, so please don't publish any of my tips on your website, or print up a gazillion copies for mass distribution. If you want to do that, I might very well let you, but email me first for permission.

If you download the booklet, you're agreeing that you will not use or reproduce the information without my express written consent. This is for your private use only. If you want to share with your best friend, send them to my site and let them download their own copy. If they don't have a computer, they can write me and I'll send them a hard copy.

Feel free to contact me with any questions, comments, or suggestions.

 


RIGHTS & CONTRACTS
Rights are often talked about, but what exactly are they?

When you write something, you don't sell the writing itself. You're actually licensing people to print, adapt, translate, or perform the work. These rights may be for a fixed amount of time, such as two years, one-time-only, first printing, first US rights, first English speaking rights, etc. They may also be until the work goes out of print, which is how most publishers operate.

Hyperion bought world rights to the first six books in the Jack Dnaiels series. This is how it is worded in my contract:

"Author grants and assigns to Publisher the sole and exclusive rights to the Material throughout the world during the entire term of the copyright and any renewlas and extensions thereof: to print, publish and istribute the Material inbook form, including hardcover, trade paperback and mass market paperback, in all languages."

What does this mean? A copyright lasts for an author's entire life, plus 70 years. Quick note for newbies; don't worry about getting a copyright. You DO NOT need to register for a copyright at the US copyright office. Save your stamps and money. Your publisher will do this for you. Being paranoid about idea-theft is the earmark of an amateur.

So does my contract state that I can never leave my publisher until I've been dead for 70 years?

No. Because there is also this clause:

"If a Book of the Work is out-of-print (definition of "out-of-print" omitted for length), all rights granted to the Publisher shall automatically revert to the author."

Which says that if my publisher stops printing my book, the rights are mine again, to do with as I please.

Hyperion has world translatation rights, but several other subsidiary rights were kept by me. Though Hyperion can sell the book to Thailand, they cannot sell the book to Hollywood, or make an audiobook from it.

The contract discusses various other rights (periodical, book club, mulitmedia, etc.) and the percentage split between author/publisher.

For example, if the publisher sells first serial rights (printing a portion of the book in a periodical before it is published), I get 90% of the money, they get 10%. Second serial rights is a 50/50 split.

My 90% of the money for first serial rights is subtracted from my advance if I haven't earned out, or is added to my royalty check if I have earned out my advance.

Though Hyperion has world rights, they only have 25% of them (20% for British). That means if they sell Whiskey Sour to England for ten grand, Hyperion earns two grand, and I earn eight grand, which goes toward my advance.

I write about advances and royalties in the TIPS section of my website, if some of you are confused about what I'm talking about.

It's in the author's best interest to keep as many rights as possible, to sell them, and its int he publisher's best interest to keep as many rights as possible, to earn back what they've paid the author.

My agent has sold the audiobook sub rights to Brilliance audio. This contract is seperate from Hyperion, and my print publisher doesn't earn anything from it.

My agent hasn't sold movie rights yet, but if they do, Hyperion doesn't get a cut. Hyperion will benefit though, from increased sales and a new edition of the book.

Of course, we all know that the most lucrative sub rights ever sold were Tom Clancy's Hunt for Red October.

Get it? Sub rights?

Moving right along...

What else is in a publishing contract? Here's the breakdown:

1. Clause on when the manuscript(s) will be delivered.

2. Grant of rights. What rights they are buying.

3. Editorial changes and proofs. These state that the editor has the right to request changes, but won't change anything without author approval.

4. Advance. How the money will be paid out. In my case, I get chunks when turning in outlines and finished manuscripts.

5. Royalties. What I earn per book sold. For hardcover 10% of cover price for first 5000 sold, then 12.5% for next 5000, and 15% for everything over 10,000. For paperbacks, 8% of cover price.

6. Sub rights. What is the payment for other rights they're buying? Examples are: Book club (50% to author), e-books (50% to author), foreign rights (75% to author).

7. Transactions with affiliates. My publisher's parent company can exercise the sub rights.

8. Royalty statements. This defines the terms of joint accounting--when an advance isn't earned out until all books in the contract earn out, reserve against returns--keeping money from the author in case bookstores return books, and when royalty statements are issued.

9. Examination of Publisher's Books and Records. The author has the right to look at the numbers.

10. Termination. All the things that can break the contract, including failure for an author to deliver an acceptable manuscript.

11. Publication. The time frame in which a publisher goes to press after accepting a book, and how many free copies an author and agent receive.

12. Warranties and Indemnities. The author swears he wrote the book, and is responsible for the content.

13. Competing works. The author won't publish anything similar with anyone else while the contract is in force.

14. Copyright. The publisher will pay for it.

15. Third party infringement. Both the publisher and author can sue copyright infringers.

16. Option. The publisher gets first look at the author's next manuscript.

17. Out of print termination. Rights revert back to author when book is out of print.

18. Retention of manuscript copy. It's the author's responsibilty to keep a copy of the book.

19. Use of author's name and likeness. The publisher can use the author for promo stuff.

20. Advertisements. Any sub rights licensed cannot have any advertising in them unless the author agrees.

21. Taxes. The publisher doesn't withhold them.

22. Force majeure. Acts of god can change the contract.

23. Bankruptcy. If the publisher files for bankrupt, the contract is null.

24. Governing law. The contract is subject to the laws of NY.

25. Assignment of this agreement. Neither author nor publisher can assign this contract to anyone else unless both agree.

26. Headings. The headings inthis agreement are for convenience only and are without substantive effect.

27. Notices. First class mail is used for correspondence between author and publisher, but registered mail is used in certain cases.

28. Agency. The author allows the agent to represent him in this deal.

29. Sodomy. Ha! Just seeing if you were still paying attention!

29. Entire understanding. This contract supersedes all prior negotiations.

So that's a book contract. Not very exciting, huh?

As always, I'm happy to answer any questions, as long as you sign this simple agreement...
 


THE TRUTH ABOUT PUBLISHERS

You've been hearing it for years: Once you're published, your publisher won't help you market or promote. After the ink on the contract dries, you're on your own, left to sell your books with zero help from the folks who just plunked down big bucks to publish it.

Is this true? Are the dispirited moans of authors at the convention bar---claiming they remain midlist because they were never 'pushed' onto the bestseller list---based on hard evidence?

Here's what I know, based on my experience.

THINGS YOUR PUBLISHER WILL (PROBABLY) DO FOR YOU

  1. Print up advance reading copies (ARCs)
  2. Send these ARCs to reviewers
  3. Write a press release and send it out
  4. Have in-house meetings with marketing and sales to brainstorm hooks for your book
  5. Assign a publicist to you
  6. Allocate a marketing budget to your book
  7. Place you in their catalogue(s)
  8. Attempt to sell the subsidiary rights they've attained
  9. Edit your book
  10. Ask you to complete an author questionnaire
  11. Help you set up some book signings
  12. Talk about your book to buyers and solicit orders
  13. Get your books into the hands of distributors and onto bookstore shelves and online stores

Depending on the size of your publishing house, the above list is usually the bare minimum they'll do. And chances are you won't ever know how much they've actually done, because you may not get to see most of it.

If you want to be involved, volunteer. I wrote my own press release and catalogue copy. I've set up my own booksignings. My contacts led to a Korean rights sales. I send out many ARCs to reviewers on my own dime.

THINGS YOUR PUBLISHER MIGHT DO FOR YOU

Hyperion and Brilliance Audio did all of these things for me

  1. Take out ads (about ten so far)
  2. Print flyers (several hundred)
  3. Print coasters/bookmarks (20,000)
  4. Print business cards (1500)
  5. Invite you to events (BEA, GLBA, UBA, etc)
  6. Have a booklaunch party
  7. Send you on tour
  8. Hire a media coach
  9. Send extra things to bookstores (coasters and drink mix)
  10. Provide you with extra ARCs (a few hundred)
  11. Listen and act on your marketing ideas
  12. Take you out to dinner
  13. Get you on local radio and TV (I've been on radio a few times)
  14. Get you interviews
  15. Give away free copies of your books (over a thousand)
  16. Hold contests
  17. Involve you with various promotions
  18. Pay co-op to bookstores for displays and prime placement
  19. Solicit your input on the cover and jacket copy (I wrote mine)
  20. Work with you on the final product (every year I visit Brilliance Audio and lend my voice to their recordings of my books.)

Do publishers treat every author the same? No. A lot depends on their budget. But even more depends on the author. Is this an author who is actively trying to augment their efforts? Someone who is enthusiastic about promotion? Someone who works hard and offers ideas?

If I sat on my duff and whined about not getting enough attention, chances are I'd be ignored. No one wants to work with a prima donna, or an artiste. But I've found that EVERY SINGLE TIME I spend time and money trying to promote myself, my publishers are there to back me up.

THINGS YOUR PUBLISHER WON'T DO FOR YOU

  1. Get you on the NYT Bestseller list. If they could, every book printed would be a bestseller.
  2. Get you on Oprah, Good Morning America, etc. Unless you're a celebrity.
  3. Take out a lot of ads. Ads don't sell books for unknown authors (have you ever bought a book because you saw an ad?) Ads are best used to announce a new book from an author with a huge fanbase.
  4. Send you on a huge tour. Tours don't make money. Ever. They are for author egos, building bookseller relationships, and meeting fans, more than selling huge numbers of books.
  5. Be in constant touch with you. Authors who don't need constant reassurance get more attention than needy authors.
  6. Sell your book. A publisher can get bookstores to carry your titles, but they can't make customers buy them. Only one person can do that (hint: you)

Your publisher is your partner. Like a marriage, making demands won't help the love grow. But giving, listening, and actively trying to make your partner happy will be mutually beneficial.

Which brings up the next list, one that new authors (and even many pros) don't ever consider.

THINGS YOU SHOULD DO FOR YOUR PUBLISHER

  1. Make deadlines
  2. Be courteous, considerate, and enthusiastic
  3. Be accessible
  4. Show them your desire to help
  5. Self-promote by going to conventions, doing book-signings, speaking at libraries, soliciting interviews, maintaining a website, sending a newsletter, and all the other things I preach about
  6. Be thankful
  7. Make them money

In fact, the most important thing you can do in your career is make money for your publisher.

Big advances are nice, but it's hard to earn them out. But if you are earning out your advance, it's a good indicator that your publisher is making a profit, which only happens with 1 out of 5 books.

If they make money, you make money.

So what have you done for your publisher lately?
 

MORE TIPS