tag:blogger.com,1999:blog-11291165.post8209818812105992327..comments2024-03-18T06:16:18.802-05:00Comments on A Newbie's Guide to Publishing: UnconscionabilityJA Konrathhttp://www.blogger.com/profile/08778324558755151986noreply@blogger.comBlogger112125tag:blogger.com,1999:blog-11291165.post-69479908490979214712016-06-08T19:57:13.370-05:002016-06-08T19:57:13.370-05:00Authors are banding together though. I self-publis...Authors are banding together though. I self-published my first anthology, and realized that many others didn't have the first clue where to start. After watching a friend jump through hoops to satisfy a publisher, I know that I didn't want to watch another friend go through that. <br><br><br />So me and my best friend started an Imprint for self-publishing, where we will consult the authors on everything from editing, publishing, marketing, and even swag options. Monday, we go to a lawyer to get our contract looked over to make sure that the entire thing benefits the authors, not us. <br><br><br />On Facebook, I'm seeing many other author friends doing the same thing, creating imprints and bringing their own friends into it so that it's basically an author collective and we all help each other out, join for takeovers for our book parties, etc. So there is hope! :)MandiCandihttps://www.blogger.com/profile/05969888735465306831noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-57638072404585543442016-05-03T16:53:32.737-05:002016-05-03T16:53:32.737-05:00You go Joe. I had to refuse a new contract with an...You go Joe. I had to refuse a new contract with an old publisher because the new edited contract claimed that they had a right to a "series of book" without citing or enumerating what books they were talking about--in other I was being held hostage. Is this only one of several gates of publishing hell I went through--I'm thinking about a law suit.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-11291165.post-87610156527963948402015-02-21T14:54:56.382-06:002015-02-21T14:54:56.382-06:00Joe is the only person to EVER have laid out such ...Joe is the only person to EVER have laid out such a comprehensive argument. The Authors Guild is completely oblivious to these factors and plays into the paradigm of author powerlessness. I am happy to say that I didn't listen to anyone, I took my large publisher to arbitration when they were abusing me, represented myself, and not only won $34,000 in monies owed and punitive damages, but got my ebook rights back. Then my publisher, two weeks later divorced me and gave me back all my rights. I am earning more just from my amazon ebooks then I did the print books on a yearly basis even thought the print books continue to sell on the shelves in stores. I took back my rights, my power and my sanity and probably my son's future earnings after I am gone too. I'd like to thank Joe because when I was in the depth of my research and pain, his was one of the few voices of sanity. www.debrakatz.com.Debra Lynne Katzhttps://www.blogger.com/profile/03234100330359913501noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-39212005322147176872014-08-03T17:50:28.563-05:002014-08-03T17:50:28.563-05:00An agent contacted me after she read my first book...An agent contacted me after she read my first book and wanted to represent me.<br /><br />Long story short, she told me all I could expect was a very small advance. In return, the publisher would let me wait 9 to 18 months for all earnings made in the first six months.<br /><br />Whadda deal!<br /><br />My response was short and sweet. <br /><br />I get paid every month now for the CreateSpace, Amazon and Kindle sales after a 30 day hold. They don't hold back any of my earning for another 6 to 9 months.<br /><br />What do publishers offer. They deliver books to brokers and wholesalers. If I do enough publicity work, there's a one in a thousand chance the book will hit it big.<br /><br />It's really all or nothing.<br /><br />But with self publishing my books continue to prove me with a monthly income and have done so for seven or eight years. Kelley Eidemhttp://thedoctorwhocurescancer.comnoreply@blogger.comtag:blogger.com,1999:blog-11291165.post-52194221187080056522014-08-03T17:38:55.198-05:002014-08-03T17:38:55.198-05:00Fantastic article, J. A. !
Like you, I've mad...Fantastic article, J. A. !<br /><br />Like you, I've made a ton more by being self published. <br /><br />The thing that irks me more than any other clause is the one where they keep our earnings 6-9 months and STILL hold back 30% for another to 9 months! That a total of 18 months!!<br /><br />Will they even be in business in 18 months after they have spent my royalties on their Manhattan lunches?? <br /><br />Kelley Eidemhttp://thedoctorwhocurescancer.comnoreply@blogger.comtag:blogger.com,1999:blog-11291165.post-46937587876407560992014-07-12T13:11:40.344-05:002014-07-12T13:11:40.344-05:00Joe,
You said you can go direct to Overdrive. May...Joe,<br /><br />You said you can go direct to Overdrive. Maybe I'm missing something, but I can't find a way to do that, except through Smashwords. How do you go direct to Overdrive?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-11291165.post-17436744838322425672014-07-12T12:34:38.821-05:002014-07-12T12:34:38.821-05:00Joe,
Thanks for the great info and for standing u...Joe,<br /><br />Thanks for the great info and for standing up for writers.<br /><br />But, every time you use "her" when you could just use "they" or some other neutral term turns my stomach. It's like reverse discrimination towards men, or you think you're making up for times women were put down by throwing "her" all over the place when it's not at all needed.<br /><br />Case in this post: "... plus 70 years after her death..." Why not just use "the author's death" instead of reverse discriminating against men?<br /><br />Can't you see you are doing what those who used "he" all the time did in the past, only in reverse? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-11291165.post-71756452870104634392014-03-26T21:53:40.520-05:002014-03-26T21:53:40.520-05:00Wow! Thanks for posting this! I have already read ...Wow! Thanks for posting this! I have already read quite a bit about this horrible monopoly and I am more and more inclined to self-publishing!Anonymoushttps://www.blogger.com/profile/11087077191512024481noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-31641540050233400962014-01-23T23:56:29.807-06:002014-01-23T23:56:29.807-06:00Hey I won! Got all my rights back and ruling they ...Hey I won! Got all my rights back and ruling they should have paid me 50 percent for ebook. Arbitrator ordered: 7000 for ebooks, 2300 for cost of partial audit I did due to lack of timely payments and reporting, and 25,000 punitive damages. Justice has been served and now looking at what I want to do next. Thanks everyone for your support!!! I'm not even angry anymore.:)Debra Lynne Katzhttps://www.blogger.com/profile/03234100330359913501noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-28809794113984482252013-10-15T04:10:33.646-05:002013-10-15T04:10:33.646-05:00I just sued Llewellyn Publishing, who publishes my...I just sued Llewellyn Publishing, who publishes my 3 books. I'm waiting to hear the arbitrators ruling hence I can't sleep and am up at 2 am rereading this blog. I represented myself and went through fast track arbitration through the AAA. This Blog post is the best one I've read on the internet summing up the insanity of what authors put up with. It's the only one that really makes sense. I'm not going to take this crap any more. I've worked too hard. I know my readers don't expect me to use words like "crap" but that's what we've been handed, and handed it with a "You are so fortunate we are giving you crap". My publisher has earned over 700,000 from my books. I've earned 70,000 and they are cheating me on my ebooks, paying me late, not providing statements, breaking promises and withholding money from Borders Bankruptcy even though they were paid a month before the bankruptcy. They told the arbitrator even if they get to keep that money, they will not pay the authors. And I am the bad one, the only author they say who has ever complained and am juDebra Lynne Katzhttps://www.blogger.com/profile/03234100330359913501noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-15685027983795415922012-07-25T08:31:35.562-05:002012-07-25T08:31:35.562-05:00I loved this and it says it all! Based on this inf...I loved this and it says it all! Based on this information (that I learned a long time ago) I decided to self-pub. I figured between the royalty payments and having to do all your own marketing anyway, I might as well. I don't need a publishing house's name on my book. I will still be published and I believe my book will catch on and it won't matter whether or not I have a Pub house. Thanks for the article, I love it!Anonymoushttps://www.blogger.com/profile/10481344598298150867noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-17278819788936604782012-07-25T02:28:22.743-05:002012-07-25T02:28:22.743-05:00How does submitting an mms under a pen name help? ...How does submitting an mms under a pen name help? And can someone clarify what's RWA?<br /><br />Better still, can someone tell me how you get into writers' communities and find authors' blogs to help spread your own self-published works?<br /><br />Because unless and until we find a way to market ourselves successfully - and that's damn hard for an unknown author who self-publishes - we're going to continue signing those unfair contracts.<br /><br />I haven't published yet - still editing my first ever novel before submission - and this article just scared me half to death :( But what is the way out? Unless and until you sign yourself to one of these contracts and at least get out there, self-publishing sounds like a bad option to me.why is this all in Czech!?https://www.blogger.com/profile/06140948474372572626noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-85281495827026756272012-07-25T02:26:51.615-05:002012-07-25T02:26:51.615-05:00How does submitting an mms under a pen name help? ...How does submitting an mms under a pen name help? And can someone clarify what's RWA?<br /><br />Better still, can someone tell me how you get into writers' communities and find authors' blogs to help spread your own self-published works?<br /><br />Because unless and until we find a way to market ourselves successfully - and that's damn hard for an unknown author who self-publishes - we're going to continue signing those unfair contracts.<br /><br />I haven't published yet - still editing my first ever novel before submission - and this article just scared me half to death :( But what is the way out? Unless and until you sign yourself to one of these contracts and at least get out there, self-publishing sounds like a bad option to me.why is this all in Czech!?https://www.blogger.com/profile/06140948474372572626noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-68293481521331179922012-07-24T06:40:28.524-05:002012-07-24T06:40:28.524-05:00The more that I read on this specific topic, the m...The more that I read on this specific topic, the more convinced I am that e-Pubbing with Amazon and SmashWords was the right way to go. I really haven;t sold that many books but I have ALL of the rights to the material published. I have been writing for nearly ten years and I enjoy it. Perhaps in a few more years I may sell more books...or not... The one year of time I wasted looking for an agent taught me one hell of a lot... My eight book will be out soon! :)CryHavochttp://www.timothylinnomme.netnoreply@blogger.comtag:blogger.com,1999:blog-11291165.post-80183447658143354122012-07-11T16:05:52.148-05:002012-07-11T16:05:52.148-05:00hey i'm a young writer and me and some friends...hey i'm a young writer and me and some friends are writing a book about haf deimgods and half wizard children are there big do's and don't to getting inprint for a first time? (What do you think of the idea?)halfandhalfhttps://www.blogger.com/profile/00482727643102856967noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-81461472728224590302012-06-30T00:31:56.310-05:002012-06-30T00:31:56.310-05:00Just found this blog. Thank you for this, Joe. I f...Just found this blog. Thank you for this, Joe. I feel like I've been given a Get Out of Jail Free card. <br /><br />My own Very Big Agent couldn't sell my first book, and she says it's a travesty but what can you do? But she said, don't take it away. Give me another one. So I did. She doesn't know how to sell it. So, does this mean I can have my first book back? Or will she send it to smaller publishers this time? No, and no. "Dear newbie writer, just write me a guaranteed best seller and make my life easy, okay? And then these other ones will sell. You don't want to Ruin Your Career now by self-publishing or going to a smaller press. Stay with me as I do nothing for you for years..."<br /><br />Oh and this is the second agent I've had. The first one is a real horror story. <br /><br />Shall I mention I've been all through this before, as a screenwriter. My film agent had a breakdown and left the biz. No wonder my calls weren't being returned.<br /><br />Big Publishing is dead, just like Big Hollywood. At least for everyone but the A-list. I've had it with the gatekeepers. I'm spending the rest of the summer learning everything I can from everyone I can about e-publishing.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-11291165.post-26613104276688564912012-06-13T10:46:38.403-05:002012-06-13T10:46:38.403-05:00Wow, this was an eye opener! I just found your blo...Wow, this was an eye opener! I just found your blog yesterday, and this was amazing to me. I knew it was skewed, but the numbers and contract clauses... yikes. I have been querying an adventure novel which has gotten excellent feedback from two dozen (non-relatives!) beta readers, but had taken a break while I was out of the country last month. This makes me rethink my whole approach! (I've sent it to my husband who has an industry guy putting together a non-fiction package. He got a HUGE advance for someone, and my husband ghost wrote half the book for a song, and now he wants him directly... but the percentage sucks.)<br /><br />I am writing a novel that an agent requested, although it is a whole new genre for me and I'd already decided that, if she can sell it, I'd use a pen name for that "brand." I'll keep working with her unless that falls apart, but otherwise, I am really seriously leaning towards self publishing. Thanks so much for the info! Keep up the good work.Jenningshttps://www.blogger.com/profile/10718218157095114149noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-31831477030725233202012-06-13T07:22:54.276-05:002012-06-13T07:22:54.276-05:00I've got a great idea for a thriller plot: A s...I've got a great idea for a thriller plot: A self-published author begins an online blog crusade against the evil legacy publishing industry, exposing the industry's collusion and exploitation of authors. The publishers strike back by hiring an assassin to take him out.Steve Holakhttp://www.amazon.com/-/e/B0088JOQCSnoreply@blogger.comtag:blogger.com,1999:blog-11291165.post-89566186970440309722012-06-05T01:03:24.863-05:002012-06-05T01:03:24.863-05:00The Author shall submit the completed manuscript o...<i>The Author shall submit the completed manuscript or a synopsis and first two chapters of such work to the Publisher before offering or submitting same to any other party. The Publisher shall have a period of thirty (30) days after submission of a full manuscript of such work, or ninety (90) days before the Publisher’s first publication of the Work hereunder if a synopsis and first chapters are submitted, within which to notify the Author whether it desires to publish such work. </i><br /><br />May I suggest a way out?<br /><br />This does not say the author has to submit each new manuscript under her own name. Send it in to the slush pile and let them sit on it for those 30 to 90 days. After that, self publish it. File a "Doing Business As" license for the pen name you send it in under beforehand, just to cover your butt.Cherise Kelleyhttps://www.blogger.com/profile/09870504632130723559noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-54359204256607979952012-06-03T09:07:05.120-05:002012-06-03T09:07:05.120-05:00Anyone need to hear it from a guy who has been fuc...Anyone need to hear it from a guy who has been fucked over for 30 years, come see me. Thank Joe everyone for putting out the facts all in one place. For how many decades has this been known in bits and pieces, also known by the agents who supposedly WORKED for the writers, HA!<br /><br />Rob Walker<br />Instinct INK books<br />www.robertwalkerbooks.comRobert W. Walkerhttp://www.robertwalkerbooks.comnoreply@blogger.comtag:blogger.com,1999:blog-11291165.post-61357116396701423642012-05-28T14:06:04.174-05:002012-05-28T14:06:04.174-05:00Joe this is such fantastic information.
You are d...Joe this is such fantastic information.<br /><br />You are doing a great service for writers. I truly support you!<br /><br />Thank you!!!Mirahttps://www.blogger.com/profile/02558405035294107657noreply@blogger.comtag:blogger.com,1999:blog-11291165.post-21758612323322262132012-05-28T08:12:04.880-05:002012-05-28T08:12:04.880-05:00Thank you Joe, for a very interesting and informat...Thank you Joe, for a very interesting and informative post. I decided to self-publish because I lack the patience it requires to publish traditionally. I also love the process of publishing my own books, being able to choose my own covers, titles, subjects and use my own name!<br />I must admit I had no idea what a traditional contract entailed, and I am now very grateful that I was never in a position where I had to sign one, because I know I would definitely have regretted it. <br />Thank you also, for being such a successful author, it's certainly inspiring to know that a living can be made doing what I love.<br />Now back to the proofreading!Michelle Gordonhttp://www.michellegordon.co.uknoreply@blogger.comtag:blogger.com,1999:blog-11291165.post-37523451517667902622012-05-27T18:53:12.505-05:002012-05-27T18:53:12.505-05:00Braille? Nice to know.
Have you ever wondered wh...Braille? Nice to know.<br /><br />Have you ever wondered why scuba divers fall backwards from the boat into the water?<br /><br />Duh, if they fell forward, they would still be in the boat.Walter Knighthttp://www.waltknight.yolasite.comnoreply@blogger.comtag:blogger.com,1999:blog-11291165.post-32686421547363776322012-05-27T11:40:40.361-05:002012-05-27T11:40:40.361-05:00Hi J.A. Konrath: I am an Intellectual Property Att...Hi J.A. Konrath: I am an Intellectual Property Attorney/ Author (The Vampire Redemption Series amazon.com/Box-Set-Vampire-Redemption-ebook/dp/B0072LXR8C) <br />in regards to this clause in your contract:<br />"Books 1, 2, and 3 will be held in a joint and open account, and Publisher shall not pay Author's share of royalties and subsidiary rights income on any Book of the Work until Author's share of royalties and subsidiary rights income for all Books exceeds the total advance."<br />The proper legal term is call "Cross Collateralization" and it is the phenomenon as you described where a publisher wants to connect all accounts for all works published through them so they will have the right to collect any and all outstanding proceeds for advances from any and all projects and that no payment will come to you until they have recouped from any and all projects for advances granted for any and all projects. You must fight to exclude such a clause from your agreements. This clause is the reason an author or musician can sell very well and end up bankrupt even owing the publisher/record label. There are so many examples - Lisa, T-Boz and Left-Eye were bankrupt because of this. I agree that unless you have serious bargaining power in that they really want you and thus will leave the clause out, the clause is a must from their perspective. It is this clause that causes them to "own" you more than their funny accounting practices. One way to combat this clause is to include "Escalations" in your agreement. With escalations, the publisher will agree to increase royalties based upon certain minimum thresholds achieved. Let's say 0-5,000 books sold $1.50/book royalty rate . 5,0001-10,000 - $2.50, 10,001-20,000 - $2.75 and so on. This will net you more money to offset the cross collateralization. Also, you need to have a clause that caps expenditure or at least expenditures beyond a certain amount should only be undertaken with the mutual consent of the Author. Of course they will fight hard to have total control but as long as you say that your consent won't be unreasonably withheld, you should get through. There are so many ways to properly balance the unconscionable contracts but they are too many to mention here. Okay keep up the good work, J.A. you are my hero and the biggest reason I started to self publish ebooks. You gave me advice I just figured I would return the favor. I would love to be a guest on your blog dispensing with these legal questions that so many want to know. Perhaps we can collaborate on some legal guide that I have been meaning to write for some time. Okay contactmylawyer@gmail.comConrad Powellhttp://conradpowell.blogspot.comnoreply@blogger.comtag:blogger.com,1999:blog-11291165.post-51885354559378533572012-05-27T05:43:08.427-05:002012-05-27T05:43:08.427-05:00Re: the "until it's out of print" cl...Re: the "until it's out of print" clause. My understanding is that Alan Moore, the author of classic graphic novel <i>Watchmen,</i> accepted a contract for the book that said he'd get the rights back when it went out of print. He accepted the contract because in those days, comics ALWAYS went out of print within a year. Obviously, <i>Watchmen</i> did not. You can find a lot of Moore's rants about this around the Internet ....Clarisse Thornhttps://www.blogger.com/profile/07552173777924239357noreply@blogger.com