Showing posts with label contracts. Show all posts
Showing posts with label contracts. Show all posts

Wednesday, January 27, 2016

Whatever Jo Wants Wednesday #3 - Tips and Tricks on Writing, Marketing, and Much More

Happy hump-day, everyone! Today, I'm talking about my little tips and tricks page here on the blog. I spend one month a year organizing it, adding alllll the posts from the year prior, and giving little descriptions so you can find what you're looking for quickly and easily. Let's dive into what's there, shall we? Get your clicking fingers ready, grab your coffee, and let's roll!

Here are the topics:

WRITING TIPS
This is broken down into Characters, Plot, Craft, and Tips and Tricks (like using MS Word to measure pacing, how to use Google Drive to collaborate, and more).

ADVICE ON EVERYTHING
Where to write, things to do to help you write, book swag, and other stuff. All clearly defined for your reading and browsing pleasure.

EDITING TIPS
If you're in the self-editing stage of your novel, this is where you want to be. Broken down into Punctuation, Dialogue, Pronouns, Variation, and Word Usage, you'll find everything you need to help your editor help you.

ORGANIZATION TIPS
Tips to help you organize yourself, your book, AND your files.

WRITING EXERCISES
Things to help you practice your writing. Games you can play with the family and dialogue exercises, too!

BOOK FORMATTING
What should be there, how you can get your novel ready to publish, and a few warnings.

EDITORS AND CONTRACTS
About the different kinds of editors and a breakdown of several contracts.

BRANDING YOUR AUTHOR SELF
Genres, look and feel, and why how you behave matters.

SERIES POSTS 
All the series posts I've written: Human Nature, Enneagram Types, Branding, Look at your xXx, Becoming a Book Blogger, and Punctuation (that one is fun).

FREE PDFS
All the PDFs I've created here for you to download, keep, and share for FREE!

BLOGGING AND BLOG TOURS
There's one on branding and one is a workbook to help you check your novel and fix holes (THIS IS A NEW TOPIC FOR 2016).

MARKETING TIPS  
Tools you can use to help you navigate the online waters and marketing ideas I've had.

I hope you find useful stuff on these pages. Every now and then, I throw archived posts out there into the ether and hope someone finds them when they're needed. I'm seriously considering focusing on social media how to this year.

Which one is your favorite?

Well, that's all for today, folks! Until next time, WRITE ON!

Jo

Tuesday, December 2, 2014

Kindle Scout - The Contract

Happy Tuesday, everyone! I know I missed my post yesterday. Don't judge. *sticks out tongue* But, I promise to more than make up for it today. How? Well, I'm gonna break down the Kindle Scout contract for you all. I have no pony in this show, so this is literally going to be a breakdown of legalese (I provided links to sources). Well informed is always the way to be! Okay, grab a cup of coffee because this post is gonna be long. Let's get going!

*****DISCLAIMER: I AM NOT AN ATTORNEY! AS ALWAYS, IF YOU HAVE A QUESTION ABOUT ANYTHING YOU'RE SIGNING, CONSULT A LICENSED LAWYER*****

This is a layman interpretation of the contract.

First off, you can find the agreement here.

Go read it before you begin.

Now, this contract (because that's what it is and why you have to be 18+) has two parts: Submission and Publishing Terms. I'll break it down by section. Items in bold are ones to pay close attention to (I'll explain at the end). Remember, everything in the Publishing Terms section goes into effect the day your work is selected. Any time referenced is measured by that date.

Let's start with Submission.

1 - ELIGIBILITY - ACCOUNT
  • 1.1 - This is all about saying you're 18 or up, have all copyrights, and are able to enter into a legally binding contract.
  • 1.2 - You have an Amazon account and are yourself (not using someone else's ID).
2 - SUBMISSION AND REVIEW - Your materials will be referred to as "Submission Materials" this term includes: Manuscript, Cover Art, Your Name, Bio, and anything else you submit. It can't have been for sale previously. They can reject you for no reason.
3 - EXCLUSIVITY PERIOD - They own all of the above for no less than 45 days. If you're selected, the second part of the contract becomes effective immediately (no signing required) upon notification.
4 - YOUR SUBMISSION - Your work is theirs to do with as they please concerning sharing (not changes). You may offer excerpts for free on blogs and such, but can't sell any part of your work. If you want your work removed after (and weren't chosen), you must submit the request in writing.

Now, on to Publishing Terms.

5 - RIGHTS - All of the company and their affiliates have rights to your work that you can't break out of (that's what irrevocable means). They may shorten the work, edit the work, or add your work to a collection of other works at their choosing. This does not (according to section 7, allow them to perform edits without your permission).
6 - REVERSION - (broken down into 6 sections)
  • 6.1 - These terms auto-renew every five years (from selection date) that you don't make at least 25k (that's at least 5k per year). You can request your rights back in writing if you don't make that amount.
  • 6.2 - You may request, in writing, to get your rights back under the following circumstances:
  • 6.2.1 - Your work was not made available for sale within six months.
  • 6.2.2 - If you don't make at least $500 in the second 12 months of the first two years.
  • 6.2.3 - If the audio version hasn't been made available within 2 years.
  • 6.2.4 - If the work isn't available in a specific language (outlined in the contract), you can have the rights to the work in that language back (remember, this must be done in writing).
  • 6.3 - Any reversion (getting your book back) will depend on who else has rights (they get to keep those rights if the agreement was made before you get your book back). All shares those entities were entitled to stay in place. If you get your book back via one of the stipulations above, you get to keep your advance ($1500 is paid to you when you're selected).
7 -  PUBLICATION - You have 30 days to make revisions. If you don't turn in revisions, they have the right to use the original submission. They won't make material changes without your permission.
8 - ADVANCE, PRICING, ROYALTIES, PAYMENT
  • 8.1 - Your $1500 advance is paid within 30 days of the date they get your final work and payee info, and is considered a royalty payout. This means the first $1500 your book makes goes back to the publisher.
  • 8.2 - They set the price of the work, and own all customer data.
  • 8.3 - They'll pay you royalties as follows (Net Revenue means how much they actually make from each sale and does not include promotional copies, samples, or excerpts, and subtracts delivery costs, returns, and taxes):
EBook = 50% of net revenue
Audio = 25% of net revenue
Translated EBook = 20% of net revenue
  • 8.4 - 75% of net revenue on sub-licensed translated versions (less above subtractions and fees), 50% of all other sub-licensed sales.
  • 8.5 - You'll get a monthly sales report. Payouts are 60 days past the end of the month. If it's a third-party sale, you get the payout 60 days after they receive payment.
  • 8.6 - They can withhold payment of royalties, offset against future royalties, or require you to pay them back money (as described below). This does not limit the ways in which they're allowed to withhold payment.
  • 8.6.1 - If there are returns after a payment is made, they can withhold payment in the future or require you to pay them back.
  • 8.6.2 - If a third party claims you violated rights by claiming part of your work, they have the right to not pay you anything further and can make you repay them.
  • 8.7 - You're responsible for your taxes. They'll pay theirs and will provide you with any documentation you may need to pay yours.
9 - COPYRIGHT, RIGHTS PROTECTION - You appoint them as your attorney-in-fact to file copyright claims with the government. They have the right to take someone to court, and you agree to help them (at their expense).
10 - PROMOTION - They get to determine how to promote your work. You may use 10% of the work to promote yourself on blogs or websites, but can't use their name unless it's on the cover.
11 - REPRESENTATIONS AND WARRANTIES - You agree that the work is original and you have the right to sign it all over. You agree there is no libel (harmful statements about anyone), and your work doesn't break any kind of laws. You've never sold the work before, and anything you say is true, is. Your work won't bring harm to the user.
12 - YOUR INDEMNITIES - You agree not to sue them for any perceived loss. They can sue you for not upholding the agreement.
13 - NO OBLIGATION TO MAKE OR SELL - TERMINATION BY THEM - They don't have to sell your work and have the right to stop doing so at any time without telling you. They can cancel the contract with written (e-mail is fine) notification if you breach your contract per item 11 or if you fail to uphold your end of the agreement.
14 - LIMITATION OF LIABILITY - They aren't responsible for losses, damages, or theft, in any way (verbatim: WE SPECIFICALLY DISCLAIM). All they're responsible for are your payments.
15 - EXECUTION OF FURTHER AGREEMENTS AND DOCUMENTS - They may need physically signed documents from you. If you don't provide them within 30 days per their instructions, you give them the right to sign for you and it's all legally binding.
16 - DISPUTES - You agree not to go to court if you have any kind of dispute. You'll use binding arbitration instead (definition: a neutral third party makes the final decision - reference here). You must follow directions listed in this section to make a claim. You agree not to join a class-action (more than one person) suit. You may take them to court over infringement claims, and they may do the same to you.
17 - APPLICABLE LAW - This is all legal according to this law: Federal Arbitration Act (Wiki link).
18 - GENERAL PROVISIONS
  • 18.1 - All notices must be given in writing. Effective date is sent date or postmarked date (this includes a provision for e-mails).
  • 18.2 - This agreement comes before any other agreements made.
  • 18.3 - No modifications may be made unless done in writing and agreed to by everyone.
  • 18.4 - This agreement doesn't mean you're partners or are in a joint venture. You can't transfer it, and neither can they. It's enforceable by your successors or assignees.
  • 18.5 - If either party doesn't enforce part of the agreement, it doesn't mean they can't at a later date. If any ruling in court says any part of the agreement can't be enforced, it doesn't have any effect on the rest of the agreement. You won't assume things because they're the ones that wrote the agreement.
  • 18.6 - The following sections will survive the termination of the agreement (those are the ones in bold): Sections 4, 8, 11, 12, 13, 14, 15, 16, 17, and 18.

So, now you can make a decision.

Again, if you have any questions, I urge you to print out the agreement and take it to an attorney for further clarification. It's pretty straightforward, in my opinion.

I love contracts. I think they exist to protect both parties. If you're working with someone who doesn't require one, you need to be asking why.

What do you think? Remember, PLAY NICE!

Well, that's all for today, folks! Until next time, WRITE ON!

Jo

Tuesday, February 18, 2014

Contract Considerations

Happy Tuesday, good people of the blogosphere! Well, the kids are back in school and not a moment too soon. While I enjoy having the little nose-miners at home, it's not productive to have them pulling at my skirts while I'm trying to work. I've been busier than a one-armed paper-hanger! Anywho, today we're gonna talk about contracts! I know you're all super excited about that. I'll tell you what to expect, what to avoid, and what you should be looking for. Grab those pens and notebooks and let's get going!


Yesterday, I talked about finding a good editor and what you should be looking for when you vet them. If you missed that post, take a look at it here. Tomorrow, we'll talk a little about the different kinds of editors. But, for today, let's discuss the contract. This applies to proofreading, editing, and any other service you have done by an outside source (book design, cover design, etc...).

What you should expect:
  • A contract outlining exactly what your editor will do for you.
  • Dates things are due back to you.
  • The ability to read over the contract before you're expected to sign it.
  • Clauses that prevent you from defaming your editor (and your editor from defaming you).
  • A very straightforward clause that releases your editor from any claim to your work.
  • Something that says your editor is allowed to refuse your work at any time.
  • An out clause for you that states the contract is allowed to be terminated if you choose to do so and at what point it becomes null and void.
  • An informational page that details the book to be worked on.
  • Something stating when payments are due and when the contract is settled.
  • A clause that states you're required to display the editor's name on the copyright page (this is pretty standard).

What you should avoid:
  • Anything stating the editor has claim to any part of your manuscript once work is completed.
  • An editor who doesn't use a contract (this is HUGE).
  • A feeling of unease. If your editor seems shady, listen to your gut.
  • Anyone who doesn't answer you in a timely manner.
  • Someone who changes the price on you EVER. Once you get the job quote, that's what should be on the contract.
  • An editor who's known to slander other authors.
  • Someone who doesn't give you a final, signed copy of your contract.

What you should be looking for:
  • Someone who has lots of references and is well spoken of.
  • An editor who has a backlog of books they've worked on you can check out/read.
  • A person you feel you can trust once you've talked with them.
  • Someone with a good knowledge of the English language (yeah, go read their blog).
  • A copy of the contract as soon as your inquiry is responded to so you have time to look it over.
  • Everything should be spelled out in black and white on your contract. It should include:
  1. Prices (fees section)
  2. Dates things are due (goes in the services section)
  3. Termination details
  4. A detailed list of what you're going to get for your money (services section)
  5. Slander clauses that go both ways
  6. A release of claim by the editor to any part of the work's copyright (ownership of work)
  7. Your editor's full name and address
  8. Details about the book (title, genre, word count, author, format)
  9. A spelling out of all prices (watch out for editing contracts that only contain numbers - these can be changed)
  10. Something that releases the editor of guarantees (sales, etc...)
  11. A clause detailing how the editor won't talk about your work to any third party
  12. Non-transfer clause (this is so the editor can't send the work to anyone else to be completed)
  13. Something detailing how additional changes will be handled (outside what's agreed upon in this contract)

If you read your contract and it's full of legalese, be sure your editor/proofreader/designer answers all your questions in full before you sign. Don't go into anything not understanding exactly what it is you're getting (or signing).

If you find an editor who doesn't use a contract, run away. Please.

I hope this helps you all in some way.

If you have contract questions, pop them into the comments or shoot me an e-mail. I'll be happy to answer anything.

Well, that's all for today, folks! Until next time, WRITE ON!

Jo