Tico Publishing

[ticopublishing]

Tico: I was, I'll admit, being snarky. If you write "authors" then your sentence is OK. If you write "author's" then you're implying an object which your authors own. Not an action that they perform, like submitting manuscripts.

As an ex-editor I'd not be too happy working for a publisher who couldn't use apostrophes, or spell words like "independent". I'm pedantic. But isn't that why I was an editor once?

I'm writing on the fly, trying to be responsive in a timely manner and provide this community's members with the information they are seeking.

I apologize for incorrect spellings and/or grammatical errors I have made within these posts. I can assure you that more attention is given to manuscripts that are going to be published (editorial-wise) than are given to the information provided in these posts.

Arnold Tijerina

 

[victoriastrauss]

Not especially. The man was asked for his boilerplate; he made his boilerplate available. And the problem with this is? (There may be other problems with Tico; I have no idea. What I am is, I'm just amazed that a positive resonse drew this kind of adverse comment.)

I agree. Mr. Tijerina has been polite, he has answered questions, he has made his boilerplate contract available for scrutiny. I don't think he has been evasive in his responses so far.

Why not comment on the contract, and ask questions about Tico's business model, instead of doing grammar critiques and jumping to conclusions about motives?

- Victoria

 

[ticopublishing]

You then reserve pretty much all primary and secondary rights to the publisher. It seems to me this is a severe rights grab. Does it not to you?

I guess that's a matter of perspective. If I were negotiating with Stephen King, I'd certainly be more willing to negotiate the primary and secondary rights.

That being said, I do negotiate the rights, if I choose to. It takes two people to execute any contract and the author certainly has the option to negotiate and/or accept our offer or not.

Arnold Tijerina

 

[Sassenach]

I can't speak for anyone else, but I'm a embittered battleax/Miss Snark manque.

 

[James D. Macdonald]

Grant of Rights

1. The Grant and the Territory

The Author grants to the Publisher and its licensees, for the full term of copyright available in each country included within the Territory covered by this Agreement under any copyright laws now or hereafter in force within the Territory with respect to a book with the tentative title noted above, the following “Primary” and “Secondary” Rights:

A. "Primary Rights:"

(1) "Trade Edition Rights" -- exclusive right to publish, or authorize others to publish, hardcover and trade paperback (softcover editions distributed primarily through hardcover trade channels such as bookstores) editions of the Work.

(2) "Mass Market Reprint Rights" -- exclusive right to publish, or authorize others to publish, softcover editions of the Work to be distributed primarily through independent magazine wholesalers and to direct accounts.

(3) "Book Club Rights" -- exclusive right to sell to book clubs or to authorize book clubs to print and sell the Work.

(4) "General Publication Rights" -- exclusive right to publish, or authorize others to publish, condensations and abridgments of the Work; publication of the complete Work or selections therefrom in anthologies, compilations, digests, newspapers, magazines and other works as a textbook; and in Braille.

(5) "Electronic Rights" -- exclusive right to use, adapt or otherwise exploit the Work, or any portion thereof, in storage and retrieval systems of all kinds, whether now known or hereafter invented, including but not limited to mechanical, electronic or other technologies, and including but not limited to micro-processors, computer databases, CDROM media, digital media, interactive media, mulitmedia sound recordings, programs for machine teaching, ephemerial screen flashing or reproduction thereof, whether by screen display, print-out, photo-reproduction, photocopy or otherwise, and whether stored on hard drives, disks, diskettes, punch cards, remote or on-line databases, microfilm, magnetic tape, computer or like processes attaining similar results.

(6) "Direct Mail Rights" -- exclusive right to sell, or authorize others to sell, the Work through the medium of direct mail circularization or by mail order coupon advertising.

B. Secondary Rights:"

(1) "Periodical Rights" -- exclusive right, prior to publication of the Work in volume form, to publish, or authorize to publish, the Work in whole or selections (including condensations and abridgements) therefrom.

(2) "Dramatic rights" -- exclusive right to use, or authorize others to use, the Work or any portion thereof (including but not limited to characters, plot, title, scenes) in any stage presentation.

(3) "Motion Picture Rights" -- exclusive right to use, or authorize others to use, the Work or any portion thereof (including but not limited to characters, plot, title, scenes) in any motion picture.

(4) "Television and Radio Rights" -- exclusive right to use, or authorize others to use, the Work or any portion thereof (including but not limited to characters, plot, title, scenes) in any broadcast.

(5) "Videocassette and Audiocassette Rights" -- exclusive right to use, adapt or other wise exploit, or authorize others to use, adapt or otherwise exploit, the Work or any element thereof (including but not limited to characters, plot, title, scenes, settings, attire and physical characteristics) for any form of audio or audio-visual reproduction, including but not limited to videocassettes, video disks, and audiocassettes of any kind or configuration whatsoever, whether now in existence or hereafter devised.

(6) "Commercial Rights" -- exclusive right to manufacture, sell and otherwise distribute products, by-products, services, facilities, merchandise or other commidities of every nature or description, whether now in existence or hereafter devised, including but not limited to photographs, illustrations, drawings, posters and other artwork, towys, games, wearing apparel, foods, beverages, cosmetics, toiletries and similar items, which may refer to or embody the Work, or any derivative works based on the Work, including but not limited to characters, plot, title, scenes, settings, attire, and physical characteristics.

(7) "Translation Rights" -- exclusive right to authorize others to translate the Work in whole or in part, into foreign languages and to publish and sell such translations anywhere in the world.

(8) "Photocopying Rights" -- including the right to grant or withhold permission for the duplication of all or part of the Work by photocopying or other means.

(9) "Other Rights" -- including the right to disseminate, use, adapt or otherwise exploit, or authorize others to disemminate, use, adapt, or otherwise exploit, the Work in any means of communication now in existence or hereafter devised.

(10) "British Commonwealth Rights" -- exclusive right to publish and sell and to authorize others to publish and sell the Work in the English language in the British Commonwealth as constituted as of the date of this Agreement.

C. Exclusivity.

Such grant of Primary and Secondary Rights shall be exclusive worldwide.

D. Other rights.

All rights not specifically granted herein to the Publisher shall be reserved to the Author. Such reserved rights shall include the right to grant to the purchaser the privilege of publishing excerpts and summaries of the Work not to exceed in the aggregate seventy-five hundred (7500) words, for advertising, publicity and other commercial use. With respect to the reserved rightof publication in magazines or newspapers after book publication, the Author agrees that if any such publication shall be in one (1) installment, not more than two-thirds of the work shall be so utilized. In the event of any such publication, the Author shall promtply notify the publisher thereof and supply the Publisher with two (2) copies of such publication. If any copyright therein shall be registered in the name of any person, firm or corporation other than the Author, the Author shall promptly deliver to the Publisher an assignment of such copyright. The Author shall not exercise or dispose of any reserved rights in the Work in such a way as to materially adversely affect the value of the rights granted to the Publisher under this Agreement.

 

[ticopublishing]

Tico is just a couple of people with no experience and no money. The “reviews” are abysmal. The covers are cartoonish, while the sale prices at Amazon are much higher than the authors could have established by going directly through the real publisher--Booksurge...that is, if the author (of 2 out of the entire catalogue of 3 books) wasn’t one of the principals. Don’t waste your time.

I wanted to address some of these comments.

First, some history....

Prior to the existence of TICO Publishing, I was approached by an acquaintance of mine who had written a book of poetry. He wanted to publish his book and wanted me to finance it. I agreed.

I hired an animator that worked for Disney for 30 years and has worked for Don Bluth, Warner Bros Animation, etc to do the cover art and interior illustrations. In fact, she was the first female in history to be promoted to the title "Animator" by the Disney company. Her biography is published in her book, "Animatrix - How Laughter Saved My Life". She also was an animator on the Disney classic, "The Fox and the Hound".

http://www.amazon.com/dp/1410776557/?tag=absolutewritedm-20

I thought those were pretty professional credentials and was very happy (as was the author) with her work. The fact that the artwork was "cartoonish" seems to be a given considering that she IS an animator.

I then hired a professional book formatter to do the interior www.rendgraphics.com .

The first book WAS published by BookSurge, as TICO Publishing did not exist, and distributed in hardcover.

After this, I decided that I liked the process and endeavored to assist other authors in publishing their books and, thus, the creation of TICO Publishing.

The first book published was a 2nd edition of "Pneumatrix" in trade paperback form with the inclusion of blurbs I was able to obtain from such notables as Tony Hillerman, Piers Anthony, Clive Cussler and others..

http://home.earthlink.net/~ticopublishing/id6.html

If you'll take note, THAT edition is published by TICO Publishing and NOT BookSurge.

The second book is a fully illustrated, color children's book - "Ronnie's Rotten Recipes" by Kim Schlaht. Again, an illustrator was hired, a formatter was hired, etc. Again, the "cartoonish" illustrations are due to it being a children's book.

The third book is a republished book titled "Defy Not the Heart" by Amy Blankenship. It was initially published with AuthorHouse in trade paperback form. This book was contracted as part of a series, one of which, "Heart of Time", is also a previously published book. The third book, "Protective Hearts" has not been published as of this date. All the artwork was provided by the author (cover art and interior illustrations) as it was already in existence. The cover was formatted, as was the interior, again by a professional agency.

Our fourth book, "Last" by Teresa A. Leighton, was also previously published as "The Final Sacrifice". We've had the title changed, the cover art changed and interior illustrations added and it has just passed the proofing stage and should be on the market anytime.

Our fifth book, "Suspicious Circumstances" by Sandra Ruttan is due out in January 2007 and was not previously published.

www.suspiciouscircumstances.com

We have confidence in ALL the books we have contracted or we wouldn't have contracted them in the first place. We have never accepted a PENNY from any already-published or yet-to-be-published titles.

All of TICO Publishing's titles have our logo and name on the exterior of the book (typically on its back cover and spine). We are PROUD of the books we have published. For some odd reason, specifically for "Ronnie's Rotten Recipes", the Inside The Book! department at Amazon.com scanned another book's back cover (which should be apparent given the book's back cover that WAS scanned has a price on it of $5.95, has an imprint of "Early Experiences" and a different ISBN).

Our books are priced at competitive prices. They have a standard industry discount (typically 45%) and are returnable by retailers with NO restrictions.

Just trying to head everyone off at the pass with questions about TICO's history. Hope this is enlightening or, at the least, informative.

Arnold Tijerina

 

[roach]

While it's in a publisher's best interest to grab as many rights as they can (and also within the author's best interest to limit that rights grab as much as possible) I do think the publisher should limit such a grab to rights it could actually exploit.

So the question I have is: Does TICO have the ability to actually exploit television and movie rights, translation and/or British Commonwealth rights? If not, why would TICO want to even reserve those rights?

 

[ticopublishing]

So the question I have is: Does TICO have the ability to actually exploit television and movie rights, translation and/or British Commonwealth rights? If not, why would TICO want to even reserve those rights?

Our books are distributed in both the United States and the United Kingdom through Ingram.

As for the ability to "exploit" the television and movie rights...

Just because we aren't Random House, Doubleday, etc. doesn't mean that, if a book were to become a bestseller and garner enough attention to make people interested in the television and movie rights, that we wouldn't be able to negotiate a deal for those rights.

Arnold Tijerina

 

[JennaGlatzer]

I have nothing to add at the moment except a back pat-- it's a brave thing to do to come to a board like this and respond to critics. You're doing so with class. I hope it will be a learning experience.

 

[Popeyesays]

Our books are distributed in both the United States and the United Kingdom through Ingram.

As for the ability to "exploit" the television and movie rights...

Just because we aren't Random House, Doubleday, etc. doesn't mean that, if a book were to become a bestseller and garner enough attention to make people interested in the television and movie rights, that we wouldn't be able to negotiate a deal for those rights.

Arnold Tijerina

When an agent negotiates those deals, they usually have more experience at it. There is one thing to consider, if I publish a book with your company - gain an agent and that agent negotiated other rights exploitation why should you get 50% of the deal?

If you negotiate the deal for me, well and good, but do you deserve three times more than an agent doing the same thing? Now this may not be a biggie-the SFWA model contract allows fifty percent splits for subsidiary rights, but it would give me pause.

Also most publishers have some term of time for the contract to run as opposed to a contract that will run until my grandchildren die.

Also I am troubled by the three book option. It seems excessive. If you want me to sign a three book deal, well and good, but I expect advance money for it and I expect it to be spelled out in the contract as such.

I also am troubled by the fact that you reserve for yourselves the right to edit and publish without having me look at galleys. You say you will not edit to mar the book itself, but who decides whether you have marred the book? You do and unilaterally I might add.

I am amenable to changes for editorial reasons, but I expect to be allowed to veto those changes when in my opinion they do not benefit the text of the book. You always have the right to refuse publication if I don't allow changes, but it is to your advantage and mine to consult me as an equal partner in editing. You might have a good idea for change, but I might be able to handle the change BETTER than you. At least I should have the right to say when the change is contrary to the best interests of the author, I am after all the author.

I would also with to be consulted on cover and design issues, and the right to work out those details in partnership. I've been involved in printing and commercial art for a long time, my ideas might be good.

Take this as points I would be interested in ammending in your contract, I am sure other writers would wish to negotiate those same points.

I do very much appreciate your willingness to be up front and your desire to be taken seriously in the business. In my opinion you are going about those things very conscientiously and your willingness to adapt to authorial concerns speaks well for your future.

Regards,
Scott

 

[ticopublishing]

When an agent negotiates those deals, they usually have more experience at it. There is one thing to consider, if I publish a book with your company - gain an agent and that agent negotiated other rights exploitation why should you get 50% of the deal?

Because I took the financial risk in publishing the book in the first place and those were/are my terms to do so. As you mentioned, YOU made the choice to publish with my company.

Also I am troubled by the three book option. It seems excessive. If you want me to sign a three book deal, well and good, but I expect advance money for it and I expect it to be spelled out in the contract as such.

The three book option gives me the chance to match any offers you receive on future books. I didn't think that was unreasonable.

I also am troubled by the fact that you reserve for yourselves the right to edit and publish without having me look at galleys. You say you will not edit to mar the book itself, but who decides whether you have marred the book? You do and unilaterally I might add.

I am amenable to changes for editorial reasons, but I expect to be allowed to veto those changes when in my opinion they do not benefit the text of the book. You always have the right to refuse publication if I don't allow changes, but it is to your advantage and mine to consult me as an equal partner in editing. You might have a good idea for change, but I might be able to handle the change BETTER than you. At least I should have the right to say when the change is contrary to the best interests of the author, I am after all the author.

I would also with to be consulted on cover and design issues, and the right to work out those details in partnership. I've been involved in printing and commercial art for a long time, my ideas might be good.

We consult with our authors on cover designs, illustrations, etc. They all know (and see) what is being produced prior to its publication. HOWEVER, we have the final say in the finished product.

Take this as points I would be interested in ammending in your contract, I am sure other writers would wish to negotiate those same points.

Which is certainly within your rights in negotiating and I'm not disagreeable to your concerns.

I do very much appreciate your willingness to be up front and your desire to be taken seriously in the business. In my opinion you are going about those things very conscientiously and your willingness to adapt to authorial concerns speaks well for your future.

Thank you. I'm doing my best to "be brave" (as JennaGlatzer pointed out) and defend TICO's reputation.

 

[NicoleJLeBoeuf]

Not especially. The man was asked for his boilerplate; he made his boilerplate available. And the problem with this is? (There may be other problems with Tico; I have no idea. What I am is, I'm just amazed that a positive resonse drew this kind of adverse comment.)

I think Sass was responding to the phrase "it just so happens", which was an unfortunate choice of wording on the Tico spokesman's part.

(Wow, for once I'm defending Sass instead of tsk'ing at her. The sky shall shortly turn black and the moon to blood. Check back at eleven for dogs and cats living together.)

That said, yes, the spokesman has been polite and is making an attempt to answer questions, so I can't hold a grudge about some of his less felicitous turns of phrase. Kudos to him for sticking around and engaging in discussion. ...However, if you deal with writers, you're dealing with people who ideally use words with precision and will interpret them as such. So the difference between "It just so happens there's a copy up on the website" instead of "Because you have asked, we have put a copy up on the website" is not likely to go unremarked. And yes, if you hem and haw for about 6 or 7 back-and-forths about confidentiality when you are asked for your boilerplate before you finally post it, you're going to come across as extremely evasive.

(In hindsight, I recognize that Tico's spokesman was in fact simply ignorant of the concept of "boilerplate" and what that means regarding author confidentiality; he had to be educated about this before he finally consented to reveal the clauses in question. Ignorance is curable--no harm, no foul--but such ignorance doesn't bode well for any author going with Tico.)

Thank you, that's all the dead horse flogging I have for you today. Proceed.

 

[ticopublishing]

That said, yes, the spokesman has been polite and is making an attempt to answer questions, so I can't hold a grudge about some of his less felicitous turns of phrase. Kudos to him for sticking around and engaging in discussion. ...However, if you deal with writers, you're dealing with people who ideally use words with precision and will interpret them as such. So the difference between "It just so happens there's a copy up on the website" instead of "Because you have asked, we have put a copy up on the website" is not likely to go unremarked. And yes, if you hem and haw for about 6 or 7 back-and-forths about confidentiality when you are asked for your boilerplate before you finally post it, you're going to come across as extremely evasive.

(In hindsight, I recognize that Tico's spokesman was in fact simply ignorant of the concept of "boilerplate" and what that means regarding author confidentiality; he had to be educated about this before he finally consented to reveal the clauses in question. Ignorance is curable--no harm, no foul--but such ignorance doesn't bode well for any author going with Tico.)

Again, sorry my choice of words led to my being seen as evasive. The "it just so happens" comment was MEANT to be taken in a light-hearted, and accomodating, vein. Also, may I point out that, if we were being evasive and were trying to hide something, yet wanted this community to be informed while not also addressing the BIGGER issue of not only disclosing the "boilerplate" to this forum's members but also to all of TICO's potential authors, we would have ONLY discussed the "boilerplate" here and NOT posted it to our website for everyone to see, not just those that happened across this thread.

As for why an author should go to TICO....

We are very interactive with our authors and provide just as timely responses to their concerns as I have for this discussion. They receive very personalized attention and are treated very well and kept informed.

We are a new publisher and have never made any claims that we "know everything", however, as should be evident by my participating in this discussion, we are willing to learn and are open-minded to suggestions and critiques of our business model and practices.

 

[James D. Macdonald]

As Scott mentions, (when combined with the Reversion clause, yet to be addressed), this seems to be a grant of all rights (paragraph 1.B(9)), worldwide, exclusively, (paragraph 1.C) for the author's life plus seventy years (paragraph 1).

A couple of questions for Tico:

Is the apparent all-rights grant intentional?

Does Tico in fact have the practical ability to exploit all of the ennumerated rights (e.g. Videocassette and Audiocassette)?

Does Tico have the practical ability to distribute worldwide? Does Tico have distribution arrangements in the British Commonwealth?

Paragraph 1.B(6) ("Commercial Rights") would seem to prevent the author from publishing a sequel to his own work with another publisher if Tico did not exercise its option. (Option clause to be discussed later.) Is this intentional?

 

[Popeyesays]

As Scott mentions, (when combined with the Reversion clause, yet to be addressed), this seems to be a grant of all rights (paragraph 1.B(9)), worldwide, exclusively, (paragraph 1.C) for the author's life plus seventy years (paragraph 1).

A couple of questions for Tico:

Is the apparent all-rights grant intentional?

Does Tico in fact have the practical ability to exploit all of the ennumerated rights (e.g. Videocassette and Audiocassette)?

Does Tico have the practical ability to distribute worldwide? Does Tico have distribution arrangements in the British Commonwealth?

Paragraph 1.B(6) ("Commercial Rights") would seem to prevent the author from publishing a sequel to his own work with another publisher if Tico did not exercise its option. (Option clause to be discussed later.) Is this intentional?

As best I can tell they seem to have distribution through Ingram's which includes Great Britain. However, to the best of my knowledge Ingram's is a wholesaler not really a distributor. Is that right?

Distribution really requires a print run, rather than a strictly POD approach and I don't know if Tico does print runs as yet.

Also I see and endorse the discount policy, does that includ 90 day billing for the distributors, wholesalers and bookstores? They prefer that to the point of insistence as best I know.

Regards,
Scott

 

[priceless1]

I also am troubled by the fact that you reserve for yourselves the right to edit and publish without having me look at galleys. You say you will not edit to mar the book itself, but who decides whether you have marred the book? You do and unilaterally I might add.

I just wanted to pop in here to clarify a couple things. No book should ever go to print run until everyone has read the galleys. Before it ever even gets to the galley stage, a manuscript is read by numerous people, including the author.Manuscripts don't come directly from the hands of God, and EVERY manuscript has to be edited for development issues and line editing. Editing must be done in order to make a book marketable.

I am amenable to changes for editorial reasons, but I expect to be allowed to veto those changes when in my opinion they do not benefit the text of the book. You always have the right to refuse publication if I don't allow changes,

No, this is wrong. Unless you've been able to stipulate this in your contact during negotiations, the publisher has the final say as to edits. They've bought the right to publish your book. They didn't purchase it only to have their hands tied by getting your approval on every issue. It's their dollars that are going into producing the work. It's true that the author and publisher could reach an impasse, but depending upon the contract, the publisher can legally continue with production. Please don't think otherwise, or you could be in for a lot of heartache.

it is to your advantage and mine to consult me as an equal partner in editing. You might have a good idea for change, but I might be able to handle the change BETTER than you. At least I should have the right to say when the change is contrary to the best interests of the author, I am after all the author.

It's always an advantage to consult the author during all phases of production. However, the publisher has the last word, whether the author agrees to it or not. I agree that in rewrites, it's always better to have the author do it in order to keep the voice the same. But if the author is dead set against the rewrite, the publisher can make those changes without the author's input. A friend of mine was just given a two page letter from her Random House editor stating that these changes need to be made. If she doesn't agree, they'll do it. I have an acquaintance who put her foot down with her Simon & Schuster editor. Her contract was torn up the next day.

I would also with to be consulted on cover and design issues, and the right to work out those details in partnership. I've been involved in printing and commercial art for a long time, my ideas might be good.

How to put this delicately. If you're with a major house, there is little that you're often consulted on. This pertains to edits, cover design, marketing and print run size. Everything is literally taken out of your hands. Smaller indie presses have the luxury of maintaining a bigger line of communication. Small presses can get cover ideas from the author if they want to; but they aren't obligated to unless so stipulated in the contract.

Take this as points I would be interested in ammending in your contract, I am sure other writers would wish to negotiate those same points.

As one who sits on the other side of the desk, I would never agree to any of these points. You may want to negotiate those points, and any house with half a brain wouldn't agree to it. It's our investment that goes into each book - we paid for that right of control. We're the ones taking it out to the bookstores and libraries. We consult with our distributors on content and cover design. Our national sales force is in a far better position to advise us as to what's selling than the author is. This is why authors write and publishers get their books into stores. Each does what they do best.

I don't mean to be snarky or rude, but these are the realities of publication, and unless you're Tom Clancy, your insistence on being in control of the production process diminishes exponentially. The only way you can have that kind of control is to self publish.

And PLEASE, Tico, for the love of everything holy; Ingram IS NOT a distributor. They're a centralized warehouse. They don't have a sales team getting your books into stores. You need a distributor who has a national sales team for that. Ingram simply shelves books in case bookstores order them. If you don't have any demand for a title in a 120 day period, those books will come right back to you. You have to create that demand, and the only way that's going to happen is getting distribution.

Lastly, I'm sorry if I have misspellings in here. I sliced a chunk out of my finger and the bandage keeps hitting the wrong keys.

 

[ticopublishing]

As Scott mentions, (when combined with the Reversion clause, yet to be addressed), this seems to be a grant of all rights (paragraph 1.B(9)), worldwide, exclusively, (paragraph 1.C) for the author's life plus seventy years (paragraph 1).

A couple of questions for Tico:

Is the apparent all-rights grant intentional?

Does Tico in fact have the practical ability to exploit all of the ennumerated rights (e.g. Videocassette and Audiocassette)?

Does Tico have the practical ability to distribute worldwide? Does Tico have distribution arrangements in the British Commonwealth?

Paragraph 1.B(6) ("Commercial Rights") would seem to prevent the author from publishing a sequel to his own work with another publisher if Tico did not exercise its option. (Option clause to be discussed later.) Is this intentional?

Yes, the all-grants right was intentional. However, this is a standard contract. Yes, we have the ability to produce audiobooks as well as e-books. Have yet to dive into videocassetes. Do we have the ability to distribute worldwide? We aren't the distributors but, if the situation warranted publishing in a country I currently cannot, then we could probably arrange for that to happen. More than likely the foreign rights would be sold. Yes, our distribution is also in the UK. We have an agreement with Ingram for both US and UK distribution.

Paragraph 1.B(6) isn't intended to prevent an author from publishing his own sequel if TICO didn't exercise its option. If we didn't exercise an option, the author is welcome to shop their manuscript elsewhere.

 

[ticopublishing]

As best I can tell they seem to have distribution through Ingram's which includes Great Britain. However, to the best of my knowledge Ingram's is a wholesaler not really a distributor. Is that right?

Distribution really requires a print run, rather than a strictly POD approach and I don't know if Tico does print runs as yet.

Also I see and endorse the discount policy, does that includ 90 day billing for the distributors, wholesalers and bookstores? They prefer that to the point of insistence as best I know.

Regards,
Scott

TICO is not doing print runs as of yet but, hopefully, that will change at some point in the future.

As for the "90 day billing..et al" that is between Ingram and their customers . Other than returnability, I can't control nor dictate what terms Ingram gives to its customers.

Ingram is both a distributor and a wholesaler. I have a "distribution" agreement with them and they wholesale books to their customers.

 

[Popeyesays]

I'm sorry about your finger, Priceless. As soon as you can switch to a liquid bandage or use collodion and cotton layers to close the cut--you'll find it easier to type better that way Though I will say your post didn't look like it was ham-fisted at all.


I would consider it the right of the publisher to do what they will, but I would wish to be consulted along the way. I can't imagine why I might want them to ditch the project rather than make the necessary changes, but I don't deal with book doctors or packagers as yet. Doctors maybe, packagers are a little outre to my tastes.

I would certainly go ahead with any changes that a publisher might want, since I doubt they would bother to buy a book and then scrap it entirely for something else at the last moment. It isn't really Hollywood after all. As to covers and such, I just want to see them really.

 

[ticopublishing]

And PLEASE, Tico, for the love of everything holy; Ingram IS NOT a distributor. They're a centralized warehouse. They don't have a sales team getting your books into stores. You need a distributor who has a national sales team for that. Ingram simply shelves books in case bookstores order them. If you don't have any demand for a title in a 120 day period, those books will come right back to you. You have to create that demand, and the only way that's going to happen is getting distribution.

Point taken. I don't have a national sales team or anything akin to that. Again, please take the distinction between "wholesaler" and "distributor" as due to my inexperience. I've been doing the marketing myself. While it's not Random House capabilities, it's what I have at the moment. I CAN tell you that my contract with Ingram specifically is a "distribution" agreement.

We use Lightning Source as a POD printer (which is owned by Ingram) and Ingram as the venue with which the books are made available on a wholesale basis and through online outfits such as Amazon.com etc.

Other than that clarification, I appreciate someone joining that can see things from a publisher's perspective. (Not saying you're the only one that can, just that you're the only poster that has vocalized it so far)

 

[ticopublishing]

Wow, by the end of the day, I may be able to have my own custom avatar (if the 50+ posts is what qualifies for that).

Just inserting a little humor into what has been a long, carpal tunnel inducing, but otherwise educational day.

 

[victoriastrauss]

It's always an advantage to consult the author during all phases of production. However, the publisher has the last word, whether the author agrees to it or not. I agree that in rewrites, it's always better to have the author do it in order to keep the voice the same. But if the author is dead set against the rewrite, the publisher can make those changes without the author's input. A friend of mine was just given a two page letter from her Random House editor stating that these changes need to be made. If she doesn't agree, they'll do it. I have an acquaintance who put her foot down with her Simon & Schuster editor. Her contract was torn up the next day.

Lynn, all of the contracts I've signed--with Macmillan, Morrow, Avon, and Harper--give the publisher the right to refuse to publish and demand back the advance if I can't turn in a work that's acceptable to them--but they specifically state that once the work has been accepted, no material changes, apart from copy editing to conform with house style, can be made without my approval. I would never sign a contract that gave the publisher the right to alter my work without permission from me.

How to put this delicately. If you're with a major house, there is little that you're often consulted on. This pertains to edits, cover design, marketing and print run size.

I agree as to cover design, marketing, and print run size--but again, for me and for other writers I know, editing is a collaborative process.

- Victoria

 

[James D. Macdonald]

I'll be getting into the other clauses soon.

But what I'm seeing right now is this: No, Tico doesn't have distribution overseas (and barely has distribution in the USA). No, Tico doesn't have the practical ability to use those subrights. Mass market is a world of its own, and I doubt Tico has the expertise, or practical ability, to enter it. And they're sure asking for a lot of rights for someone who doesn't pay an advance and whose royalties are on the low side to start with. (Offer a high enough advance and I'll let you have the lunchbox rights. For no advance? I don't think so.)

So, if it were me, just looking at the first paragraph, I'd cross out everything except trade cloth and trade paperback. I'd grant first North American trade rights on an exclusive basis. I'd grant world electronic rights on a non-exclusive basis.

The rest of the rights I'd keep.

 

[ticopublishing]

I'll be getting into the other clauses soon.

But what I'm seeing right now is this: No, Tico doesn't have distribution overseas (and barely has distribution in the USA). No, Tico doesn't have the practical ability to use those subrights. Mass market is a world of its own, and I doubt Tico has the expertise, or practical ability, to enter it. And they're sure asking for a lot of rights for someone who doesn't pay an advance and whose royalties are on the low side to start with. (Offer a high enough advance and I'll let you have the lunchbox rights. For no advance? I don't think so.)

So, if it were me, just looking at the first paragraph, I'd cross out everything except trade cloth and trade paperback. I'd grant first North American trade rights on an exclusive basis. I'd grant world electronic rights on a non-exclusive basis.

The rest of the rights I'd keep.

...and I appreciate your opinion. This is what YOU would ask for IF you were considering publishing with TICO (which, to my knowledge, you're not).

To some people, however, maybe they are willing to grant those rights in exchange for their book(s) being published. Maybe some people aren't willing to wait, or have tried all other available options besides self-publishing, to have their book(s) published. If we like what we see and make an offer, it's ALWAYS up to that author to accept or decline... and, as I've said, I'm willing to negotiate depending on the author and manuscript.

I've never asked for an endorsement of our contract. However, what MY GOAL here is is to 1) be transparent and provide all the information asked of me in regards to TICO Publishing and its business model, 2) clear up any accusation and/or allegations that we are a "vanity press", and 3) maybe be able to learn something and IMPROVE ourselves.

Are those bad goals to have?

 

[priceless1]

Lynn, all of the contracts I've signed--with Macmillan, Morrow, Avon, and Harper--give the publisher the right to refuse to publish and demand back the advance if I can't turn in a work that's acceptable to them--but they specifically state that once the work has been accepted, no material changes, apart from copy editing to conform with house style, can be made without my approval. I would never sign a contract that gave the publisher the right to alter my work without permission from me.
I agree as to cover design, marketing, and print run size--but again, for me and for other writers I know, editing is a collaborative process. - Victoria

I may have communicated poorly - could be loss of blood from my finger. We have the same stipulation in our contract stating basically that editing is a collaborative endeavor. However, this is a double-edged sword. If there is a sticking issue regarding rewrites and both the editor and author reach an impasse about how those rewrites will be done or whether they even will be done, the publisher may very well exercise their rights to discontinue the project because the author didn't turn in work that's acceptable to them. Sure, it's extreme, but it does happen.

I merely wanted to dispel Scott's belief that the author has carte blanche to call the shots in all phases of production. There are repercussions for assuming that the author retains total control. I have two friends who are now without their publisher because they reached that impasse, and the publisher let them go rather than try to work out a solution.