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How Real Publishing Works

Old Hack

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If the writer concerned has signed such a contract, then I'd advise her to find a new agent pronto.

However--it might well be that she's misread the contract: a publisher usually has the right to reclaim its advance if the mss isn't delivered according to the contract details, but the clause detailing this part of the deal can sometimes be misunderstood to mean that the advance can be recalled if the sales aren't up to scratch. I've seen this misunderstanding happen a few times now, each time with novice writers who were represented by people new to agenting.

If this IS the case, then someone needs to post a warning. It's not right.
 

Marva

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I'm guessing that the friend is talking about a withholding of part of the advance until certain sales levels are met. Since it's unclear about what's going on, I'd not want to mention either agent or publisher.
 

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However--it might well be that she's misread the contract: a publisher usually has the right to reclaim its advance if the mss isn't delivered according to the contract details, but the clause detailing this part of the deal can sometimes be misunderstood to mean that the advance can be recalled if the sales aren't up to scratch. I've seen this misunderstanding happen a few times now, each time with novice writers who were represented by people new to agenting.

That would be my guess. Or could it be that the advance is broken into many parts, and she doesn't get the final installment until a paperback re-issue is published? Or could it be a multiple-book contract with basketed accounting--i.e., if the first book doesn't earn out, any money from the second book would go to fill the hole before being credited against the advance for the second book?

Withholding part of an advance till certain sales levels are met makes no sense to me. If it is still an advance at that point (i.e., it's still unearned), the publisher is still risking that it won't earn out--and if that's the case, why bother to delay payment? If you don't want to risk so much, you could just pay a smaller advance. I'm hearing many rumors and rumblings about the pinching of advances as a result of "the economy" (at the level of normal authors, that is, not the Dan Browns of the world, who can expect to receive ever more bloated amounts).

Or if the sales levels are supposed to be high enough to ensure that the advance is earned out, it's six of one and half a dozen of another, since those royalties would be due anyway.

- Victoria
 
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Nick Blaze

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This thread has been enormously helpful and has inspired me to follow true publication over self publication (which I may still use as a last resort). Even so, I have a few questions.

The first one is not so simple, but has probably been explained already, or another thread dedicated to it. Even so, I wish to ask it here. My novel is currently being edited by my girlfriend and I, just so the major errors are gone and plotholes corrected. When it is done, I would like to begin the process of publication. Actually, now I have a few questions. When should I start looking for an agent? How exactly should I go a about finding one? How do I know the agent has the credentials to give me what I deserve?

The second is slightly more relevant to the original topic. In the publishing process, how the editing was done was stated, but not quite so much about cover art (or inside art). I have just recently hired an artist for approximately $200 to 300 to draw a front/rear cover for me, as well as a map (since my novel is fantasy and placed in a different world, and is also epic in scale, I found it necessary). If a publisher chooses my manuscript and wishes to truly publish it, will they use the cover art drawn by this artist? Or, what I rue (since I love her artwork, I know I won't be disappointed), will they discard it if they do not think it will garner enough attention?

EDIT: I also wanted to add that the artist I hired is giving me all the rights to the image and will also go through the trouble of printing out some promotional posters to go along with it. However, according to contract, I am not allowed to sell the rights. That is obvious. How exactly will the publisher be able to print my novel with these images (if they so decide) without having the rights?

Yet another question just popped into my head. As far as I could tell, no mention of copyrights was in the topic. I've heard from many sources that before I send the manuscript in to publishers, I should buy the copyright. I have a question about that: when editing is complete, will I have to buy a new copyright, or will they simply exchange the old for the new?
 
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James D. Macdonald

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This thread has been enormously helpful and has inspired me to follow true publication over self publication (which I may still use as a last resort). Even so, I have a few questions.

The first one is not so simple, but has probably been explained already, or another thread dedicated to it. Even so, I wish to ask it here. My novel is currently being edited by my girlfriend and I, just so the major errors are gone and plotholes corrected. When it is done, I would like to begin the process of publication. Actually, now I have a few questions. When should I start looking for an agent? How exactly should I go a about finding one? How do I know the agent has the credentials to give me what I deserve?

Start looking for the agent after your book is as good as you can make it.

You want the agent to say, "Hey, great! Send it to me!" You don't want to reply, "Er, could I get back to you on that?"

You go about finding an agent by finding out who agented books that are similar to yours that you've seen with your own eyes on bookshop shelves.

That's also how you know that the agent has the ability to sell books to real publishers. With agents, past performance is an indication of future ability.


The second is slightly more relevant to the original topic. In the publishing process, how the editing was done was stated, but not quite so much about cover art (or inside art).

Traditionally, the author's role in cover art is in bitching about it.


I have just recently hired an artist for approximately $200 to 300 to draw a front/rear cover for me, as well as a map (since my novel is fantasy and placed in a different world, and is also epic in scale, I found it necessary).

That was unnecessary.

If a publisher chooses my manuscript and wishes to truly publish it, will they use the cover art drawn by this artist?

No. They have artists who they regularly work with.


Or, what I rue (since I love her artwork, I know I won't be disappointed), will they discard it if they do not think it will garner enough attention?

They probably won't even look at the artwork. I would advise against submitting the artwork with the manuscript.


EDIT: I also wanted to add that the artist I hired is giving me all the rights to the image and will also go through the trouble of printing out some promotional posters to go along with it. However, according to contract, I am not allowed to sell the rights. That is obvious. How exactly will the publisher be able to print my novel with these images (if they so decide) without having the rights?

They can't and they won't.

Yet another question just popped into my head. As far as I could tell, no mention of copyrights was in the topic. I've heard from many sources that before I send the manuscript in to publishers, I should buy the copyright. I have a question about that: when editing is complete, will I have to buy a new copyright, or will they simply exchange the old for the new?

The publisher will register copyright of the book in your name during the publication process. This will be at no cost to you.

Those sources that told you to register copyright before you send the manuscript to publishers? Discard everything else they told you, too.
 

Momento Mori

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Nick Blaze:
My novel is currently being edited by my girlfriend and I, just so the major errors are gone and plotholes corrected.

If there's a writing group within your local area, then it may be worth your time joining it. Getting an opinion from complete strangers with no emotional ties to you can do wonders for the editing process by sparking off new ideas. Alternatively, you could see about getting a beta from within AW atBeta Readers, Mentors and Writing Partners.

Similarly, when you're at the stage when you're ready to query, put your query letter into the SYW Forum so that people can help you hone it. If your query letter's bad, then it substantially decreases your chances of the agent looking at your manuscript.

Nick Blaze:
When should I start looking for an agent? How exactly should I go a about finding one? How do I know the agent has the credentials to give me what I deserve?

Don't look for an agent until your manuscript is as polished as you can get it.

You can find agents via Publisher's Marketplace (which will also show you their recent sales record) or agentquery.com. You can double-check them on this Forum or on Preditors and Editors.

Nick Blaze:
If a publisher chooses my manuscript and wishes to truly publish it, will they use the cover art drawn by this artist? Or, what I rue (since I love her artwork, I know I won't be disappointed), will they discard it if they do not think it will garner enough attention?

A publisher will have their own artists and you'll find in practice that you'll have little say in whatever art work they want to use.

MM
 

waylander

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This thread has been enormously helpful and has inspired me to follow true publication over self publication (which I may still use as a last resort). Even so, I have a few questions.

When should I start looking for an agent? How exactly should I go a about finding one? How do I know the agent has the credentials to give me what I deserve?

There is an extensive listing of reputable agents that handle fantasy on this site, the thread is here http://www.absolutewrite.com/forums/showthread.php?t=42019
 

Nick Blaze

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Thank you MacDonald, Mori, and waylander, for answering my questions.
 

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Interesting niche, a not so ghostly ghost writer. Have you thought of contacting Bernie Madoff?
 
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This thread has been enormously helpful and has inspired me to follow true publication over self publication (which I may still use as a last resort). Even so, I have a few questions.

The first one is not so simple, but has probably been explained already, or another thread dedicated to it. Even so, I wish to ask it here. My novel is currently being edited by my girlfriend and I, just so the major errors are gone and plotholes corrected. When it is done, I would like to begin the process of publication. Actually, now I have a few questions. When should I start looking for an agent? How exactly should I go a about finding one? How do I know the agent has the credentials to give me what I deserve?

The second is slightly more relevant to the original topic. In the publishing process, how the editing was done was stated, but not quite so much about cover art (or inside art). I have just recently hired an artist for approximately $200 to 300 to draw a front/rear cover for me, as well as a map (since my novel is fantasy and placed in a different world, and is also epic in scale, I found it necessary). If a publisher chooses my manuscript and wishes to truly publish it, will they use the cover art drawn by this artist? Or, what I rue (since I love her artwork, I know I won't be disappointed), will they discard it if they do not think it will garner enough attention?

EDIT: I also wanted to add that the artist I hired is giving me all the rights to the image and will also go through the trouble of printing out some promotional posters to go along with it. However, according to contract, I am not allowed to sell the rights. That is obvious. How exactly will the publisher be able to print my novel with these images (if they so decide) without having the rights?

Yet another question just popped into my head. As far as I could tell, no mention of copyrights was in the topic. I've heard from many sources that before I send the manuscript in to publishers, I should buy the copyright. I have a question about that: when editing is complete, will I have to buy a new copyright, or will they simply exchange the old for the new?

Hi Nick - you should know that you already own the copyright to your own work. Once you create something in fixed form, you own the copyright.

You could scratch words into a piece of wood - you own the copyright. You could tattoo a chicken - you own the copyright.
You could write on bar coasters - you own the copyright.

You do not have to take any additional steps to buy, purchase, secure, etc your copyright. There are many people out there who will tell you stupid things like "Put it in an envelope and post it to yourself" -- this does not secure your copyright or give you any additional protection. There are various guilds who will happily take a chunk of your money to give you no additional protection also. They'll be putting a copy of your manuscript in a filing cabinet but again, this does not give you any additional protection under the law. Then there are other unscrupulous companies out there who, for a fee, will take your emailed manuscript and "digitally copyright" it for you. Uh huh.

You own the copyright and when a publishing company wants to publish your book, you grant them a time-limited license to do so. You never sell your copyright or transfer it to anyone (unless it is for a whopping amount of money. As in, buy a house and retire money).

cheers,
Mat
 

flyingtart

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You could scratch words into a piece of wood - you own the copyright. You could tattoo a chicken - you own the copyright.
You could write on bar coasters - you own the copyright.
Tried it. Difficult to submit, though. :)
 

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What would be your take on a publisher (I'll stretch a point and use that word since that's what they call themselves) who refuse to do any correspondence by email or snailmail and insist on everything being done verbally over the telephone?
 

Momento Mori

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Judi B:
What would be your take on a publisher (I'll stretch a point and use that word since that's what they call themselves) who refuse to do any correspondence by email or snailmail and insist on everything being done verbally over the telephone?

Well my initial take would be to look into how to terminate your contract (or alternatively, write the book off and work on the next one).

If you want to stay with them and try to make the best of things then take detailed notes of every telephone conversation that you have with them - time and date of call, duration of call, who you spoke to and what was said - so you have a record of what's being said or promised. Try to get an email or snail mail address out of them - there should be one in the contract - and back up all telephone conversations by sending letters to that address confirming what's been discussed.

Without knowing the publisher, it's difficult to advise further.

MM
 

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Regarding more on how Real Publishing Works:

I've read quite a few posts on the PA threads about how PA no longer gives out authors' copies, that authors have to order copies if they just want them. I've also read posts about PA authors who say that PA never sent their local media a press release or review copies.

In Real Publishing Land:

I received my author's copies the day the publisher said I would have them; in fact, I was able to negotiate for quite a few more than they generally issue (there was a co-author involved, and I wanted to make sure he would have lots of copies).

Also, the publicist sent emailed me a list of media contacts that she sent review copies and media kits to. Some of these were contacts I've made in the past, so they won't be coming entirely out of the blue.

That's what real publishers do.
 

jana13k

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This, I don't get at all. If they are afraid her books won't earn out due to the current economy, why not just lower the advance? I know many multi-pubbed authors who saw advances drop over the last year, even with their existing publishers. The legal wrangling over payback to me is just strange.

In re: Advances not earning out.

A friend told me recently that his wife, an agented author with multiple books published received a contract for her next book that stipulated that the author would PAY BACK any amount of the advance not earned out.

I scoffed, but he swears it is true and that his wife's agent said there was nothing she could do about the contract clause. If the agent had wife sign the contract without removing that clause, then shame on her.

Is this something new going on that people should know about?
 

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What is PA

What does PA stand for? I've never heard of them/it/
 

Ducky

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I was pretty much clueless to all of that. I've been looking for a reliable source that actually breaks it down in a version of ENGLISH that I can understand. Plus, in most of the places I've looked for this information it has been sproadic. What you wrote was outlined and to the point. THANK YOU!!!!!
 

Donna Pudick

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Great Website on Book Publishing

I found this on the Publishers Marketplace website, but you can find it on thenervousbreakdown.com

It's a column written by J. E. Fishman, a former Random House editor, entitled, 12 Common Misperceptions About Book Publishing.

A must read for all aspiring authors
 

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book publishing

I have heard and read so many stories on book publishing. Some say you should never pay to publish but yet go with a company that gives advancements.

That seems scary, because they see all monies until that advancement is paid off and you get low royalty payments. That make me think that publisher owns the rights to your book.

Question: What is wrong with the opposite side of the coin? Yeah you may pay a publisher but you may get more royalties. This is just a thought. What do you all think?