Tag Archives: Susan Spann

Respect for the Law…and Copyright…Starts at Home

By Susan Spann

In the digital age, it's easy to break the law and call it "harmless."

For example:

...Copying a photograph or an inspirational piece of art from someone else's website.

...Re-blogging a blog post without obtaining the author's permission in advance.

...Downloading pirated ebooks, songs, or videos off the Internet, because after all...those people make tons of money and surely my single download doesn't hurt.

I've heard the excuses a thousand times. "[The artist or creator] doesn't need my money." "It's only one download." "I'm crediting the original author--(s)he should be glad that I wanted to share the work!"

Excuses are not justifications, and wrongful taking, copying, or even re-blogging of someone else's work without the legal permission to do so constitutes copyright violation...regardless of your motives.

In simpler words: the fact that you didn't intend any harm doesn't make an illegal choice okay.

Few artists get paid even close to "enough" for the time and effort they spend creating their works. If you're reading this, you're probably a writer (or an artist, or both) and you know the previous sentence is true. More importantly: it's not for the consumer to decide "how much is enough."

Bloggers rarely receive any monetary compensation for the work they do. The benefit they receive consists mostly of website traffic--which might, in time, develop into a platform allowing the blogger to sell a nonfiction book or other creative work. When you re-blog an article (a term that normally refers to cutting and pasting a blog or other content onto your own blog or website, usually--though not always--crediting the original author and often linking to the original source), you're depriving the author of much-needed website traffic. In other words: you're using their content to promote your blog or website instead of the author's own.

If you do this without permission, it's illegal--and it's also morally wrong. If you believe an article or blog entry merits reading, it's better (and legal!) to post a sentence or two on your blog, describing the article, along with a link to the original source. For example:

Read a post about respecting copyrights on the RMFW Blog today. Do you know the difference between legal linking and copyright infringement? Susan Spann explains why, "In the digital age, it's easy to break the law and call it "harmless" -- and why it's really not so harmless after all. Check it out: [Insert Link to the post you're reading...]

See what I did there?

Here are some quick tips for sharing content without violating copyright:

1. It's okay to capture a short "pull quote" or teaser to use along with your link. Just make sure it's short, and a "teaser" rather than the heart of the useful content.

2. Links are legal--and the original blogger or author will appreciate you for doing it! Link to the original source, rather than copying the material over to your own blog or website.

3. If you really want to duplicate the entire article, ask permission. Many times, bloggers or writers will gladly grant permission for you to re-post content (sometimes with a few reasonable restrictions). I often grant permission for re-blogging or re-posting of articles (subject to restrictions like my byline, a link to my website, and no alteration of my original content). However, if the author refuses permission, don't be a jerk. The content does belong to its creator.

Don't be afraid that sending people to someone else's website will cost you traffic. "Aggregators" are blogs or websites known for providing links to useful content elsewhere on the web. People who value your opinions will come to you even if you "only" point them to useful content (as opposed to posting it yourself). Respecting others' copyright reveals a professional attitude, and raises your reputation far higher than taking other people's work without permission--whether or not you attribute the source.

The good that we do in this world comes back to us eventually--so do the right thing, and remember: respect for the law, and copyright, starts at home.

How do you handle sharing valuable content you find on the web? Do you link it on social media, or post a "look at this" on your blog? Have you ever asked an author for permission to re-post? If so, how did it go?

Susan SpannSusan Spann is a California transactional attorney whose practice focuses on publishing law and business. She also writes the Shinobi Mysteries, featuring ninja detective Hiro Hattori and his Portuguese Jesuit sidekick, Father Mateo. Her debut novel, CLAWS OF THE CAT (Minotaur Books, 2013), was a Library Journal Mystery Debut of the Month and a finalist for the Silver Falchion Award for Best First Novel. BLADE OF THE SAMURAI (Shinobi Mystery #2), released in 2014, and the third installment, FLASK OF THE DRUNKEN MASTER, will release in July 2015. When not writing or practicing law, Susan raises seahorses and rare corals in her marine aquarium.You can find her online at her website (http://www.SusanSpann.com), on Facebook and on Twitter (@SusanSpann), where she founded and curates the #PubLaw hashtag.

Writing the Gender-Flipped Character

By Susan Spann

Good fiction requires both male and female characters, and every author needs to learn to write both types convincingly in order to put a compelling cast on the page.

Few authors have experience living as both a male and a female. Most of us are only dealt one hand of gender-cards. The trick, as an author, is learning to how to peek at what the other side is holding (pun intended). Successful authors, like successful gamblers, often cheat.

My shinobi mysteries features dual protagonists, neither of whom is female. However, I was born with "indoor plumbing" -- facts which, taken together, create a conundrum:

How can a woman write a book from a man's perspective? And, for other authors...How can a man see life through a woman’s eyes?

Pervasive gender stereotypes and snide remarks aside, it’s not only possible to write from the other gender’s perspective … authors can do it very well, with a little time and practice.

Here are some tips for writing from the “other plumbing’s POV":

1.  Character first, gender second. Trying to write “like a man" or to "sound like a woman” will get you in hot water, no matter which direction the gender flip is rolling. Instead, consider your characters as if they were real people. Learn as much about them as you can—personality, backstory (most which doesn’t make it into the novel), likes/dislikes, phobias--everything a "real" person needs to become a unique individual. The more well-rounded your characters become, the more convincing they’ll be—regardless of gender.

2. "The Ability to Speak Does Not Make You Intelligent.” (Bonus points for those who can identify the quote.) Dialogue is key to gender differentiation. Men and women speak differently. Many of those differences relate more to personality than to gender, though gender also plays a role. Men and women both speak referentially, but references differ according to gender, personality, personal preferences, and experience. An athlete doesn't sound like a stripper, and neither of them will sound like a ballet dancer, male OR female.

Statistically speaking, more men than women will recognize the quote that leads this paragraph* because the “sci-fi/gamer” contingency contains more men than women. That said, many of my female friends would know the quote immediately. That's the circle in which I run...and it points out another important facet of gender-swap in writing: don't let your preconceptions about gender control your writing. Investigate how the other half really lives. 

3. Tell Me About Your Feelings. Men and women often express emotion differently. My ninja detective, Hiro Hattori, considers his feelings only rarely, and almost never discusses them. By contrast, many of my female characters express emotion with less reserve. (Ironically, the era in which I write--medieval Japan--results in far less emotional display by both genders than you might see in a modern novel--once again, research trumps preconception.) Beware of stereotypes, and individuals do differ, but as a rule men spend less time discussing emotions, especially when talking with other men. Women (again...as a rule) relate better to emotional topics and tend to discuss them in more detail.

4. Observe. Listen. Take Notes. And Share it on Social Media. OK, maybe not the last bit, but the rest of this is important. Listen to conversations in public places. Watch how people interact. Pay special attention to the "other gender," especially when the people in question are similar to the characters you're writing. Watch the way they stand, the way they gesture, the way they move. Pay attention to word choice and rhythm when they speak. People act most naturally when they don’t think anyone is watching, so try to observe without being noticed...or arrested. Note: STALKING IS BAD, MMMKAY? Police mug shots look really bad on the inside cover of novels.

5. Cheat. Find a beta reader and a critique partner of the opposite gender. (Note: that's two different people, not just one.) The beta reader should simply read, without editing the manuscript, and tell you whether the characters of his or her gender sound like "real" people. Critique partners should read and also offer edits or suggestions. Both are important, because they will notice different things. Tell them you want to know if anything sounds wrong or out of place … and then pay attention to what they tell you.

My now-adult son acts as my alpha reader for every novel, and I also have a male critique partner. Trust me when I tell you that nothing—NOTHING—critiques your work as bluntly as a college-age male. (My critique partner is far more polite about telling me something's amiss.) However, I can rely on them both, and if Hiro or Father Mateo says or does something "wrong" I can count on one or both of them telling me: “No guy in his position would say that. EVER.”

Note taken. Revision made.

One of the most difficult parts of writing gender-flipped characters is avoiding stereotyping (it’s hard to do, even--or maybe especially--in posts like this). Knowing what men like, and how they act, helps woman write the male POV, and the opposite is true for males writing inside a female mind. (To whom I say...God help you all.)

What helps you write from the other gender's perspective?

Susan SpannSusan Spann is a California transactional attorney whose practice focuses on publishing law and business. She also writes the Shinobi Mysteries, featuring ninja detective Hiro Hattori and his Portuguese Jesuit sidekick, Father Mateo. Her debut novel, CLAWS OF THE CAT (Minotaur Books, 2013), was a Library Journal Mystery Debut of the Month and a finalist for the Silver Falchion Award for Best First Novel. BLADE OF THE SAMURAI (Shinobi Mystery #2), released in 2014, and the third installment, FLASK OF THE DRUNKEN MASTER, will release in July 2015. When not writing or practicing law, Susan raises seahorses and rare corals in her marine aquarium.You can find her online at her website (http://www.SusanSpann.com), on Facebook and on Twitter (@SusanSpann), where she founded and curates the #PubLaw hashtag.

Don’t “Gag” on your Publishing Contract

Today's guest post relates to a topic I'm seeing more than I'd like to in the publishing lawyer side of my day: contracts containing a "nondisclosure" clause which prohibits the author from discussing the publisher--or the author's relationship with the publisher--in public.

Too many authors sign these contracts without an understanding of industry standards -- or the fact that this kind of nondisclosure clause gives the publisher far more power than it deserves. As a result, I want to shed some light on these clauses, and why they're bad news for the author.

Nondisclosure is not the same as "confidentiality."

Some contracts contain a "confidentiality" clause which states that the parties (if mutual) or one party (negotiate for mutuality whenever possible) cannot disclose the other party's "confidential information" in public without permission from the party which owns the information. This is more common in business and employment contracts, which often involve the disclosure of business methods and proprietary information (like software), than in publishing.

If you work for a company which owns proprietary information or uses trade secrets, you've probably seen this kind of clause before. It appears in employment contracts, contractor agreements, and "nondisclosure agreements" (also known as NDA's).

Confidentiality provisions don't make sense in the publishing context the way they do in business. In publishing, the author's information (the manuscript) is supposed to become public (that's what publishing means, yo) and the publisher generally doesn't share trade secrets or other confidential information with authors. Therefore, there's really no reason for confidentiality provisions.

However, sometimes publishers do include a confidentiality clause in publishing agreements. A "standard" confidentiality clause should always be mutual and should state that neither party to the contract can disclose the other party's legally protectable trade secrets and proprietary information without the permission of the party that owns that information. Although obnoxious, this kind of clause isn't necessarily a deal breaker -- as long as it's not overly broad and relates only to certain kinds of "legally protectable" confidential information.

Even so, I'd suggest you ask the publisher to remove it.

If you see a confidentiality clause in your contract, don't sign without an attorney or an agent reviewing the contract and either negotiating it out or letting you know that the wording and content isn't a trap.

By contrast, "Nondisclosure" provisions are contract clauses which prohibit one or both parties from any public discussion of either: (a) the terms of the contract, or (b) their relationship.

General "nondisclosure" provisions do not belong in a publishing contract.

Good publishers don't want to stifle the author's ability to talk about the publisher or the publishing process. Publishers would prefer that authors spoke about them in a positive way, of course--and authors should behave professionally in public whether or not a contract requires it. However, it's dangerous for the author, and for publishing generally, for publishers to try to stifle the author's freedom of speech.

Publishers can attempt to enforce a general nondisclosure provision in ways which prevent the author from speaking out if the publisher fails to comply with its contractual obligations. Sometimes, these clauses can be invoked to stop the author from mentioning when the publisher behaves inappropriately, or to prohibit authors from warning others away from the publishing house.

Overreaching nondisclosure provisions can be used to prohibit the author from speaking either in public (e.g., on blogs or social media) or in private - meaning that the author is completely barred from discussing the publishing house in any way without the publisher's permission (which publishers like this usually grant only for purposes of advertising the author's book and experience in positive ways).

If you're offered a contract which contains a nondisclosure provision, ask the publisher to remove it. If the publisher refuses, be willing to walk away--or to hire an attorney or agent to negotiate on your behalf.

Don't let yourself get stuck in a situation where you have no power to speak about your experiences. Insist on industry-standard contract terms which don't prohibit you from discussing your publishing experience. If you're not sure what that entails, or how to ensure you've obtained it, don't sign anything without an agent or lawyer reviewing the contract on your behalf.

Finally, remember: HAVING NO DEAL AT ALL IS BETTER THAN HAVING AN UNFAIR DEAL OR A DEAL YOU REGRET. 

This can be difficult to remember in the heat of the moment, or when your dream appears to be on the verge of coming true, but remember: Bad contract language can turn that dream-come-true into a waking nightmare. Keep your business wits about you and insist on a contract that respects your legal rights as well as the publisher's interests.

What do you think about confidentiality in publishing?

Susan SpannSusan Spann is a California transactional attorney whose practice focuses on publishing law and business. She also writes the Shinobi Mysteries, featuring ninja detective Hiro Hattori and his Portuguese Jesuit sidekick, Father Mateo. Her debut novel, CLAWS OF THE CAT (Minotaur Books, 2013), was a Library Journal Mystery Debut of the Month and a finalist for the Silver Falchion Award for Best First Novel. BLADE OF THE SAMURAI (Shinobi Mystery #2), released on July 15, 2014. When not writing or practicing law, Susan raises seahorses and rare corals in her marine aquarium.You can find her online at her website (http://www.SusanSpann.com), on Facebook and on Twitter (@SusanSpann), where she founded and curates the #PubLaw hashtag.

Protecting Your Copyright in Anthology Contracts

By Susan Spann

Happy Holidays!

Today, we continue our ongoing series on writing for anthologies with a look at copyright clauses in anthology contracts.

IMG_5212

Anthology writing differs from other forms of publication, and though the contracts often look similar, authors need to be aware of the critical differences between anthology contracts and those which govern publication of single-author (or even two-author collaborative) book or novella-length fiction.  

Anthology contracts should contain at least two clear statements of copyright:

1. A declaration that copyright in the author's work remains the sole property of the contributing author; and

2. A declaration that the copyright in the anthology "as a collective work" belongs to the anthology publisher.

Let's look at each one in more detail:

1. The Author's Retention of Copyright.

The anthology contract should contain the following statement (or something substantially similar): "Author is the sole copyright owner of the Work, and retains all rights to the Work except for those expressly granted to [Anthology Publisher] in this Agreement."

This ensures that the author owns the story, even after its publication in the anthology. Elsewhere, the contract should also address any limitations on the author's right to publish the story elsewhere (tune in next month for more details on that issue). However, the contract needs to contain a clear statement of copyright ownership -- which declares that the contributing author remains the sole owner of the copyright in the story.

2. Anthology Copyright in the Publisher.

The anthology contract will probably also contain a statement similar to the following: "To the extent a separate copyright attaches to the Anthology as a collective work, [Anthology Publisher] is the copyright owner of any such copyright on the Anthology as a collective work."

The reason for this second clause is to ensure that no one else can infringe the publisher's copyright by reproducing or publishing "pirated" (i.e., infringing) copies of the anthology without permission. A statement of the publisher's ownership in the collective work gives the publisher the sole right to produce that collective work. The copyright in the work as a collective work is not the same thing as the copyright on the individual stories, however, and you should never give the anthology publisher ownership of your copyright in your work.

To repeat: The publisher doesn't need your copyright to publish your work as part of an anthology or other collective work.

You may ask the publisher to add: "provided that no collective work copyright will limit or prevent Author's rights to exploit, publish, and profit from the Work separately from or in addition to the Anthology except to the limited extent provided in this Agreement." That language isn't absolutely required, but it's something authors might ask for if there's any ambiguity in the contract with regard to copyright. (It's also something to ask for if you don't know the publisher well.) 

A Word About Copyright Registration

Publishers often want to register copyright on an anthology as a collective work. That's OK, as long as the registration is clear that you, the author, own the copyright in your contribution. Make sure the contract is clear about the manner in which copyright may (and may not) be registered, and states that:

(a) The publisher will include an appropriate notice on the verso page (commonly known as the "copyright page") of the anthology, properly identifying the contributors as the owners of the copyrighted material contained in the work; and

(b) If the publisher registers copyright with the U.S. Copyright Office, that registration will cover the collective work only, and will acknowledge the author(s) as the copyright owner(s) of the contributed works. 

A little attention to detail can help protect your copyrights and ensure a more successful anthology experience.

Have you contributed an an anthology? Did you notice the copyright language in the contract?

Susan SpannSusan Spann is a California transactional attorney whose practice focuses on publishing law and business. She also writes the Shinobi Mysteries, featuring ninja detective Hiro Hattori and his Portuguese Jesuit sidekick, Father Mateo. Her debut novel, CLAWS OF THE CAT (Minotaur Books, 2013), was a Library Journal Mystery Debut of the Month and a finalist for the Silver Falchion Award for Best First Novel. BLADE OF THE SAMURAI (Shinobi Mystery #2), released on July 15, 2014. When not writing or practicing law, Susan raises seahorses and rare corals in her marine aquarium.You can find her online at her website (http://www.SusanSpann.com), on Facebook and on Twitter (@SusanSpann), where she founded and curates the #PubLaw hashtag.

Limiting Grants of Rights in Anthology Contracts

By Susan Spann

Last month, my #PubLaw guest post took a look at important legal issues authors face when writing for anthologies. Today, and in the months to come, I'll be taking a closer look at anthology contracts, and at the special issues unique to anthology writing.

Today, we start with a look at the grant of rights in anthology contracts, which differs significantly from the grant of rights in a standard book-length publishing deal.

The following are all normal or standard grants of rights which authors can expect to see in anthology contracts:

1. Grant of "first" print rights (or, sometimes, "non-exclusive print rights") -- and limits those rights to use in the specified anthology only. Many anthologies want "first print rights" to the stories they contain, which means those stories cannot appear elsewhere, in print or electronic formats, before they are published in the  anthology. (Most of the time, publishers of book-length works want first print rights as well.) For this reason, the grant of rights in anthology contracts typically reads: "Author hereby grants first English-language publication rights" or "Author grants first English-language anthology publication rights."

When the work has appeared somewhere else before, the anthology contract may modify this language by removing "first" and inserting "non-exclusive," or "second" or some other appropriate identifying word.

Note: if the work in question has appeared in print or electronic form somewhere else (including publication on a blog) in whole or in significant part, you must let the publisher know before you sign the anthology contract, to be sure the grant of rights is properly phrased (and that the publisher is willing to take previously published work).

Be careful to ensure that the grant of rights enables the publisher to publish the work as part of a specified anthology only. The grant of rights is for anthology publication, not for standalone or other unspecified purposes.

2. Grant of continuing, non-exclusive print or publication rights (as part of the specified anthology only). Authors writing for anthologies should always be careful to ensure that the contract's grant of rights contains the word "non-exclusiveand clearly states that the anthology's publisher has the continuing, non-exclusive right to reproduce the author's work as part of the specified anthology only.

Publishers need "continuing" non-exclusive rights so the work can be included in future editions or subsequent printings of the anthology.

Never surrender your rights to publish the work in other formats, other anthologies, or in other collections. Some anthologies may require the author to wait for a stated period of time before publishing the work elsewhere (6-12 months is reasonable--go longer only if you decide you want to agree to a longer term). That's okay, and reasonable if the time requested isn't too long. However, beware anthologies that bar you from ever publishing or using your work again in other places. That's not reasonable, and not something authors should grant.

Note: NEVER grant or transfer your copyright in your work to an anthology publisher. We'll deal with "anthology copyrights" in next month's post, but for now, remember: an anthology publisher DOES NOT NEED to own the copyright in your story. The author should always retain copyright ownership in his or her work.

3.   Grant of English language rights only (no translation rights). Unless the anthology's publisher regularly translates anthologies into foreign languages (and this is rare), the publisher needs only English language rights to the author's work. Retaining foreign language (and translation) rights enables the author to sell those rights elsewhere, or arrange for foreign-language publication in foreign anthologies, without limitations.

4. No grants of subsidiary rights. Film, TV, apps and gaming, merchandising, and other subsidiary rights don't generally belong in anthology contracts, except to the extent the contract specifies that they belong to the author alone.

5. A statement that the author retains all rights not expressly granted to the publisher in the contract. This is standard language, but should appear in all contracts an author signs, just to ensure all parties are clear that the only rights being granted are those the author states, clearly, that (s)he is licensing to the publisher.

Some of these terms resemble the ones in a book-length publishing contract, but authors need to ensure that anthology contracts contain only the limited grants of rights the publisher needs to publish, print (and reprint) the work as part of the anthology in question. Anything beyond that should remain with the author alone.

Susan Spann is a California transactional attorney whose practice focuses on publishing law and business. She also 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 named a Library Journal Mystery Debut of the Month. The second Shinobi Mystery, BLADE OF THE SAMURAI, released on July 15, 2014. When not writing or practicing law, Susan raises seahorses and rare corals in her marine aquarium.You can find her online at her website (http://www.SusanSpann.com), on Facebook and on Twitter (@SusanSpann), where she founded and curates the #PubLaw hashtag.

The Legal Side of Anthologies (Part 1)

By Susan Spann

Anthologies offer a great opportunity for authors to publish creative works and find new readers. Some anthologies feature works by authors from a specific group (for example, RMFW's own CROSSING COLFAX, which contains short stories from members of the Rocky Mountain Fiction Writers organization), while others have open submissions on a specified topic, like horror or science fiction. Still others feature a publisher's in-house authors, or a group of authors who come together to write about a topic of mutual interest (such as A DAY OF FIRE, a novel in six parts, about Pompeii and the eruption of Vesuvius).

In short: the options are almost limitless.

Anthologies lend themselves equally well to traditional publication and self-publishing, and can help new or lesser-known authors achieve much broader exposure, due to shared marketing efforts and the ability to "cross pollinate" from other authors' existing readership.

But I'm a lawyer, so you know there must be a fly in this ointment somewhere.

Handled properly, anthologies have many benefits and relatively few drawbacks (aside from those common to publishing as a whole). However, it's important to ensure--before you submit-- that the anthology you're considering provides both you and your work with proper protection and consideration of your legal rights.

In the months to come, we'll break down the legal issues surrounding anthologies here on the RMFW blog. Today, we'll take an overview look at the biggest legal traps and pitfalls present in anthology publication.

1. Contract, Contract, Contract.

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

The contract needs to contain the same type of language, and address the same issues, as any traditional publishing contract (plus some special terms applicable only to anthologies)even in the case of self-published anthologies. Why? Because you're allowing someone else (the anthology publisher) the right to publish your work. The terms upon which that publication happens must be spelled out clearly in a written contract, so both you and the publisher (whoever that is!) have a written reference and foundation for publication.

2. Don't Sign Away Your Copyright.

Anthology publishers need only a limited license to publish the work as part of the anthology. Anthology publishers do NOT need copyright ownership of the individual works. While authors have the right to transfer copyright to the anthology publisher, that eliminates the author's right to use and publish the work in other contexts later on. My law school contracts professor taught us that "you can make as good a deal...or as bad a deal...as you are able," but why make a bad deal about your writing?

Anthologies are plentiful, and most of them do not take the author's copyright. The decision is yours to make, but I strongly recommend you refuse to submit to any anthology that tries to take the copyright in your work.

Note: the anthology contract probably will contain language stating that the publisher owns the copyright on the anthology as a collective work. This is different from owning the copyright on your story. Copyright on the collective work means the right to publish the anthology itself, as a collection consisting of all of the stories within it -- and that copyright exists to ensure that no one else can copy and sell the anthology as a whole without permission. If you can't tell what your contract says in this regard, be sure to get an opinion from an experienced copyright attorney before you sign.

3. Show Me the Money (and Where it's Going).

Sometimes the participating authors get a share of royalties on anthology sales. Other times the proceeds go to the organization sponsoring the publication, to charity, or to someone else entirely. Make sure you know, and evaluate, where the money is going before you agree to participate.

4. Consider the Source.

All publications are not created equal. Some anthologies carry more cachet (and sell more copies) than others. Evaluate the publisher, group affiliations, and other aspects of the anthology before you submit, and  publish only with groups that you want your name affiliated with.

5. Stand and Deliver - on Time.

Anthologies have deadlines, like any other publication. Don't submit your story late, or unfinished, or in non-publishable condition ... and if you do, prepare to accept the consequences.

6. Ask About Purchase and Marketing Requirements.

Some anthologies require participating authors to purchase a specified number of copies of the finished work and/or to participate in specific marketing efforts. (Note: no matter what the requirements are, be prepared to help market the anthology when it releases. It's rude to expect someone else to do all the work.) Know what your obligations are beforehand, so you don't have rude surprises down the line. 

In the months to come, my #PubLaw posts here at the RMFW blog will look in-depth at these and other anthology-related issues, including those sneaky contract provisions specific to anthologies. Have questions I haven't answered? Feel free to ask in the comments, and I'll work them into future posts!  

Susan Spann is a California transactional attorney whose practice focuses on publishing law and business. She also 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 named a Library Journal Mystery Debut of the Month. The second Shinobi Mystery, BLADE OF THE SAMURAI, released on July 15, 2014. When not writing or practicing law, Susan raises seahorses and rare corals in her marine aquarium.You can find her online at her website (http://www.SusanSpann.com), on Facebook and on Twitter (@SusanSpann).

So You Want to Publish An Anthology? Read On…

By Nikki Baird, Rocky Mountain Fiction Writers Anthology Chair

nikkibairdAnthologies have experienced something of a renaissance, thanks to the indie publishing market. Lots of writers have short stories that they've written over the years, and in a lot of cases, the publishing rights to those stories revert back to authors fairly quickly, so there aren't a lot of legal reasons that get in the way of republishing.

Plus anthologies can be great marketing tools. They can help promote a collection of authors by making the workload something you can share, and they can provide a way for readers to try a lot of new authors for a low entry price. For single-author anthologies, they can also serve as a "try before you buy". Anthologies are also great books to give away for free when promoting a new novel, especially when they are stories you've already written.

So what goes into making an anthology? Well, a lot, trust me. But I'll give you three big ones, with a primary focus on multi-author anthologies, since that's where my experience lies.

A Theme. An anthology needs something to hold it together. For single-author anthologies, the theme is simple – it's the author! However, even then, you might want to think about selecting a collection of short stories that relate to each other.

When you come up with a theme, probably the biggest challenge is to make sure that it is rich in possibility. The core conflict or tension needs to be easy to grasp and yet also deep and/or broad. Also, the theme should relate to your group. Sometimes this means genre – for example, you wouldn't really want to throw a blood-and-guts zombie story in with a bunch of regency romance. But if you're looking at a collection that crosses genres, then a core subject or theme becomes particularly important in helping readers understand what to expect from the book.

For the RMFW anthology, particularly because we chose open submissions, we put theme front and center: Colfax Avenue. We could've chosen Sunset Boulevard, or Madison Avenue, or some other historic/infamous street in America, but as we are the Rocky Mountain Fiction Writers, keeping the location close to home seemed important. Plus I was dealing with a precedent set by previous RMFW anthologies. Dry Spell and Tales of Mistwillow were both based on themes important to the Rocky Mountain region – water, and life in a (made-up) mountain town. RMFW's third anthology deviated from this theme (Broken Links, Mended Lives), and we may stray from a Rocky Mountain angle again in the future, but this year the Colfax idea quickly took hold and became a slam-dunk.

 A Submission Process. If you're soliciting submissions, you need a well-defined submission process. We had to navigate several choices. Do you want to invite specific authors to contribute? Famous authors, when you can get them, can help sell the book. But their time is very precious, especially writing time. If you're looking to hook a famous author, it helps to either have an existing relationship or to have a cause that they support as a beneficiary for anthology proceeds.

For Crossing Colfax, we opted to not pursue specific authors. One, people like Carol Berg, Mario Acevedo, and Jeanne Stein have already been very generous in the past. Two, we specifically opted to open submissions only to RMFW members in order to feature and promote the writing talent within RMFW. So it didn't seem quite right to hold spaces in the anthology for select authors when what we really wanted were good stories no matter who they came from within our community. In the end, we had about the right mix: 3 stories from established authors (Linda Berry, Warren Hammond, and Thea Hutcheson) and 12 from newbies.

We held open submissions with only the membership requirement. We also had a blind reader panel, rather than a committee. There were a couple of reasons for that. One, not everyone was co-located, so trying to have meetings was going to be difficult. Two, and this one's all on me, I liked the idea of getting basically as much reader input as I could. A small selection committee can fall into group-think mode, where everyone ends up reinforcing each others' opinions, and radical new ideas get lost. With blind readers, this was in some ways like stopping people on the street who like to read and asking their opinions. Stories that I didn't particularly like at first came back with thumbs up from readers, and stories that I loved didn't do nearly as well as I thought they would. In the end, we ended up with a collection that I think is the better for it – with a wider appeal, and a more varied set of stories than we otherwise might have.

A Contract. This one's always the fun part. The last RMFW anthology was published in 2009. That contract included no provisions for e-pub. In fact, that is why you don't see any past RMFW anthologies in e-pub format in the market today, because we only have print rights to those books. Someday I'd love to go back and get the e-rights to bring the past anthologies online, but that is work for another day. Since we are writers helping writers, it seemed silly to have the kind of contract that makes agents wince, so we tried to be very open and fair. We asked for exclusive rights for one year, and perpetual rights to the story as long as it was published in the anthology. Outside of the anthology itself, RMFW has no rights. So after the year is up, the authors are welcome to publish their stories in other anthologies or stand-alone or however they choose. I will say, though, that we had our contract reviewed by Susan Spann, who volunteered her considerable legal services. And I would not recommend skipping that step!

Is it all worth it? From an editor perspective, you bet. It's hard work, and multiplied because you're working with multiple authors, but I get a smile on my face every time I see the Crossing Colfax cover. I'm so proud of the variety, the freshness, and the imagination that sits within those pages. Over the next year, I hope I'll also be able to say that it was a valuable experience for our authors too – because, while a lot of the work is over, a lot more work has only begun!

~~~~~~~~~~~~~~~~~~~~~~~~~

Originally published at Patricia Stoltey blog September 18, 2014

You can find out more about Nikki by reading the RMFW Spotlight post from the Rocky Mountain Fiction Writers Blog.

Crossing Colfax is available at amazon.com and barnesandnoble.com.

The First Rule of #PubLaw: Don’t Be a Jerk

By Susan Spann

One of the lessons I seem to repeat most often in my #PubLaw posts has (on the surface) little to do with law. In fact, I repeat it so often that I'm officially calling it #PubLaw Rule #1:

Don't be a Jerk.

It's a slightly more "SFW" version of the gaming community's popular Wheaton's Law (Google it...research is good for the soul.) and no less applicable in publishing ... or anywhere else in life, for that matter.

Unfortunately, it's sometimes hard to keep your cool when dreams are on the line, especially when negotiations, contracts, reviews, or sales don't go your way. And at some point in your career, all of those things will go against you.

Today, we're taking a look at some ways to prevent yourself from being "that author" ... the one who ends up on the bad behavior lists.

1. Don't Let the "Submit" Button Go Down on Your Anger. Business moves much faster--and more publicly--in the digital age. Blogs, Facebook, Twitter give us instantaneous access to other authors, readers ... and everyone else on the planet with a computer and a few extra minutes to kill. Unfortunately, that also makes it faster and easier for authors to make angry public statements which feel justified in the moment but which, upon reflection, were unnecessarily hostile or ill-advised. The best rule is never blog or use social media when angry. If you must write something, write it offline and give it 24 hours to "settle" before you post. Review it only after the initial anger passes...and see whether you still believe the comments are justified and constructive.

2. Don't Kick Sleeping Dogs, and Don't Respond to Bad Reviews. Some people won't like your book. Some people will actually hate it. Some people will say, in public, that your book should be burned as a service to humanity, to prevent an innocent reader from accidentally stumbling across it in a used bookstore (yes, that's a real review, which a friend of mine received). DO NOT RESPOND TO BAD REVIEWS. Period. End of story. Even a troll has a right to an opinion, and no single review will make or break a novel. What can break a novel--and a novelist-- however, is a reputation for arguing with readers and reviewers in public. Let the reviewer have his or her opinion. You're free to disagree--but do it in private.

3. Compliment and Support Other Authors. Rising tides float all ships, and getting people interested in reading helps all authors. Read a good book? Tweet or Facebook or write a review--and don't expect repayment in return. Authors who give to others acquire a good reputation; those who never read, never give a compliment except in exchange for "equal value," and never share their own love for books are missing a great opportunity. Nice people do nice things. Be nice. It comes back around to you.

4. Try to See Negotiations, and Other Publishing Situations, From the Other Person's Point of View (Not Just Your Own). The more you practice seeing situations from someone else's side, the better you'll be at spotting creative solutions, not only in negotiations but in  all aspects of your publishing career.

5. Kill Your ... Emotions (Once You Reach the Business Side). Emotion increases myopia, so do your best to remove the emotion from the negotiating and publishing process. Pour your feelings into your writing ... let your passion flow on the page. But when you reach "The End" remember: writing is an emotional process, but business belongs to the logical brain.

These aren't the only ways to keep yourself from becoming "that author" in public...but they're a start. Publishing might seem large, but the business itself is surprisingly small, and reputations follow us much longer than we imagine in those early days of a writing career.

The more positive you are, the more attractive others will find you ... a rule that applies as much in publishing as it does in the rest of life.

Got more tips for keeping things on the positive side? Hop into the comments and share! 

Susan Spann is a California transactional attorney whose practice focuses on publishing law and business. She also 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 named a Library Journal Mystery Debut of the Month. The second Shinobi Mystery, BLADE OF THE SAMURAI, releases on July 15, 2014. When not writing or practicing law, Susan raises seahorses and rare corals in her marine aquarium. You can find her online at her website (http://www.SusanSpann.com), on Facebook and on Twitter (@SusanSpann).

Tips for Conference Goers, Especially First Timers — Part I

A few of your regular RMFW Blog contributors have submitted their best advice for an enjoyable and educational conference experience. These suggestions work for any conference, of course, but will be especially meaningful for those who plan to attend the Rocky Mountain Fiction Writers Colorado Gold Conference September 5-7 at the Westin in Westminster.

Feel free to add your own tips in the comment section.

Kerry Schafer

1. Talking to writers at a conference is easier than talking to "normal" people, because you can drop the small talk. If you don't know what to say, just ask, "So what are you writing?" Even shy writers are generally happy to start telling you about their latest project, and this helps to break the ice.

2. Have a business card or bookmark you can pass out with your name, email address, and social media contacts. This allows people you connect with at the con to find you again later. You can get inexpensive business cards at Moo.com or Vistaprint, or even make some yourself and print them on cardstock. Definitely worth the time.

3. Agents and editors are people. They don't like to be spammed any more than you do, but they are looking for the next wonderful book and it might just be yours. Treat them with respect and let your enthusiasm shine through.

Kevin Paul Tracy

1. Don't necessarily attend all the same workshops/classes as all your friends. Split up, then come together later and share notes.

2. The hospitality suite is great, but explore, there are all sorts of impromptu gatherings all over the place all weekend.

3. Listen more than you speak. You'll overhear so much more that way and learn all sorts of interesting things.

4. Don't go to bed early - stay up past your bed time. Some of the best conversations come after 1am and everyone is well lubricated.

5. When you make a new friend, get their "deets" right away, so you can stay in touch. You will forget later.

Robin D. Owens

1. There is no "one true way" to do things. What the seminar speaker is telling you works for him/her. Take what works for YOU from the workshop and use that.

2. Sometimes you have to hear a concept several times or phrased in different ways before it sinks in and is useful for you.

3. Stop when you get overwhelmed.

Susan Spann

1. Set specific, and reachable, personal goals. When I go to a conference, I try to meet (and remember) three new people every day. I used to feel shy about approaching strangers and introducing myself, but that became much easier when I replaced “Meet lots of people” with “Meet three new authors every day of the conference.” I usually end up meeting many more, but focusing on initiating three conversations made the goal more personal and reachable.

Jeffe Kennedy

Don’t over-schedule in advance, particularly regarding panels and workshops. Leave room to talk to people and go to panels and workshops as the opportunities arise. Connecting with other people is the one part of the conference you won’t be able to replicate some other way.

Please come back on Friday for Part II of Tips for Conference Goers, Especially First Timers, featuring Liesa Malik, Pam Nowak, and Katriena Knights, and Jeanne Stein.

“Negotiation” Is Not a Four-Letter Word

By Susan Spann

Today we continue the pre-conference #PubLaw prep for the contract negotiation workshop at Colorado Gold (which I'm team-teaching with Midnight Ink editor Terri Bischoff) with an unusual look at publishing contracts: one that doesn't talk about contracts at all. 

(Note: You don't have to go to Colorado Gold to benefit from the concepts we're discussing here - so whether or not you're attending the conference....read on.)

Today, we're talking about negotiation.

Many people understand only the "Zero-Sum" approach to negotiation, which essentially boils down to "one person wins, and the other person loses." Under a Zero-Sum philosophy, every negotiation (or contract) point I "win" is one that the other side "loses." The idea, then, is to win as many points as possible, and force the other side to accept a "losing" position in the final deal.

Unfortunately, zero-sum doesn't work very well for publishing contracts. The reason should be obvious. The more one side takes an "author vs. publisher" or "us vs. them" position in the negotiating process, the more difficult it becomes to set those differences aside and build a  business partnership once the deal is signed.

The Mutual Benefit Strategy offers a far more effective method of negotiation for publishing contracts -- and not just because it lays the groundwork for a better relationship after the signing.

"Mutual Benefit Negotiation" is a strategy which focuses on finding not only a "meet in the middle" solution to contract disagreements, but actually finding a place where both sides are better off than they were before.

Admittedly, it isn't always possible to find a win-win solution to every problem. In some cases, only one side can have its way.

A good example is whether or not the contract includes both print and ebook rights. If the author wants to sell both, but the publisher offers ebook only--or, more commonly, the other way around--only one side can prevail and there really is no middle ground.

More commonly, however, there is a place where both sides can "win" and the contract terms can reach a mutually beneficial position.

For an example of this, let's look at translation rights. They don't have to be "all or nothing." If a publisher has an in-house translator for Spanish, or French, or Italian, or regularly sells a lot of translation rights to certain countries, you may be able to negotiate to include only certain languages in your contract.

Another good example is special editions for people with disabilities. Most publishing contracts give the publisher the right to produce or license these editions (for example, Braille versions) with no royalties paid to the author. This is because, many times, the publisher "donates" the rights to these editions and/or licenses them free of charge. As an author, you shouldn't want to deprive disabled people of the chance to experience your books. However, you don't want to give out windfalls, either -- so a compromise position is language which states the publisher can license these editions royalty-free, but that if the publisher does receive financial compensation for the license, that compensation is shared equally with the author. Win-win. The publisher keeps the right to get those editions on the market, and the author gets the right to share in any benefits that arise.

When you negotiate a publishing contract, be clever. Look at the publisher as a business-partner-to-be. That doesn't mean you trust beyond what the publishing house deserves--or that you compromise in unreasonable ways. However, if you can offer creative solutions that leave both parties better off (or at least satisfied with the outcome) you can turn the contract negotiation from a hostile, zero-sum environment into an incubator for the (hopefully long-term) relationship to come. 

Again ... this doesn't mean roll over and show your belly. It means be smart, be creative, and be aware that sometimes the best solution to a problem is Option C - which, often, nobody thought about to begin with.

I hope to see you all at Colorado Gold!

~~~~~~~~~~~~~~~~~~~~~~~~~

Susan SpannSusan Spann is a California transactional attorney whose practice focuses on publishing law and business. She also 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 named a Library Journal Mystery Debut of the Month. The second Shinobi Mystery, BLADE OF THE SAMURAI, releases on July 15, 2014. When not writing or practicing law, Susan raises seahorses and rare corals in her marine aquarium. You can find her online at her website (http://www.SusanSpann.com), on Facebook and on Twitter (@SusanSpann).