Monthly Archives: August 2021

Coffee & Conversation: Contract Terms Series (Right of First Refusal)

30 Monday Aug 2021

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Contract Terms Series (IANAL)

There’s a bunch of contract terms for writers that can be difficult to parse for newcomers to the genre, so I want to go over a few in a short, easy contract terms series.

(Note: I am not a lawyer. I am merely speaking from experience on the author side.)

RIGHT OF FIRST REFUSAL

This is a fun one. This is the right of the publisher to see an associated work/story before any other competitors. I say “associated” here, but in some cases that isn’t necessary.

Essentially, let’s say you are signing a contract for one book with your publisher. You want to write sequels to this book. The publisher thinks the book might do well. But no one knows the future. So, instead of buying or optioning a second/third/etc. book, the publisher adds a clause that states they get the right to see any associated books (as in, associated with the book they’re buying) first. You would not then be allowed to submit any books involving the contracted book’s characters or setting, etc. to anyone other than that publisher.

They still have the right to refuse the book, of course, at which point you are free to shop the book anywhere you like. But if you were to sell that second/third/etc. book elsewhere without your contracted publisher getting a chance to say NO first, then you would be in breach of contract.

Also of note: Even if you submit this book and even if they offer you a contract for it, you, as the author, still have full rights to say NO to whatever the contract is. So in some extreme cases, when the author knows they won’t be working with a publisher anymore, this can turn slightly toxic, with a publisher holding onto a story for a prolonged period of time. Just for funsies, I guess.

Right of First Refusal can be applied to non-associated works as well. Ergo, the first book you write next, etc., though the language there is a little more generic and I’m not entirely sure how that would work. It can also be applied to all lengths and forms, as in you write a short story tie-in and the first refusal terminology wasn’t strict enough to ignore short stories. (This can happen even if the publisher doesn’t even TAKE short stories. So can be a little silly.)

When looking at your contract, make sure that 1) the right of first refusal is specific, and 2) that there is a specific time limit they must respond to once you have proof of submission.

~Emmi

Canvas Blues – LXXVII: Present

25 Wednesday Aug 2021

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CANVAS BLUES
Vignettes Regarding the Artwork of Brendon Kotes

LXXVII: Present

“I spent so many hours on that painting,” said Brendon. “It was a birthday present. There was this old car out in the forest at a dump site that Casey found when we were kids. A bunch of old cars, actually, but that one in particular he loved playing in. I wanted to give him something of it, but make it more alive.”

“Do you try to make things alive often in your paintings?”

Brendon rubbed his thumb over the divots in his glass. “You think that’s the clue, then? That if I try to make things alive that they might become so?”

“Just another thought. Trying to solve the mystery of Brendon Kotes.” The corner of Orion’s lips tugged up and those bright blue eyes, shadowed here in Brendon’s bedroom, all but shimmered with suggestion.

With a hard, hard breath, Brendon straightened, the action pressing their thighs closer together. Yet still, Orion didn’t pull away. So Brendon didn’t either, his heart beginning a painful thud as his sticky dreams from last night came sneaking through his mind, teasing, testing things that might not come.

“I’m not really a mystery.”

That corner tug slowly gave way to a gently warm smile filled with disbelief. “Then that must mean I am a much slower man than I always give myself credit for.” He leaned in as he spoke, gaze never leaving Brendon’s, not even when Brendon flicked his tongue out to wet dry lips in instinctual anticipation.

“You think highly of your abilities.”

“I do,” agreed Orion on a rumble that pulled straight from his throat like the deep purr of an engine. Then his lips touched Brendon’s in a gentle, coaxing question. The whiskey on his breath burned a track down into Brendon’s lungs. Continue reading →

Coffee & Conversation: Contract Terms Series (Non-Compete)

23 Monday Aug 2021

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Contract Terms Series (IANAL)

There’s a bunch of contract terms for writers that can be difficult to parse for newcomers to the genre, so I want to go over a few in a short, easy contract terms series.

(Note: I am not a lawyer. I am merely speaking from experience on the author side.)

NON-COMPETE

This is a confusing one. Non-compete has to do with non-competition.

Now, some of this might feel like another way of saying exclusivity, so that the publisher’s version of your words/story doesn’t have to compete with another publisher’s version of your words/story. You can think about this concerning versions of books that are out of copyright, like say, a lot of classics. You can buy many, many different versions of the classics, right? Well, all those versions are competing with one another, kind of. But this isn’t quite all what non-compete clauses tend to do, though exclusivity clauses can be called non-compete clauses in some contracts.

In a lot of ways non-compete clauses can be…well…not good. At least for the author.

Publishers make money by selling many books by many different authors. Authors make money by selling fewer books/stories to many different publishers. What this means is, if an author has two novels, but a publisher only wants to publish one of them, the author then needs to shop the second novel with OTHER publishers in order to make money from its sale. Sames goes for novel three, or any number of short stories, novellas, and even non-fiction. Not every publisher wants the same kind of stories. Not every publisher wants the same length of stories. Not every publisher can take all a single writer write sometimes.

A non-compete clause can cut off that author’s capability of making a living if it’s worded nefariously.

What a non-compete clause can enforce is an author not attempting to publish anything else at the same time as the contracted ‘work’ will be published, or to work with another publisher at the same time. So you can see how this can really limit authors.

Non-compete clauses are basically a publisher’s desire not to undermine their bottom line if an author were to sell elsewhere. In theory, it’s an understandable gesture, particularly if it’s brought in from other career fields where the non-compete clause is meant to stop people from going after company clients, etc. But in the publishing sphere, stopping an author from shopping their other books can be a death knell. A not very nice one.

So when looking over your contracts, make sure you 1) read your non-compete clause closely to make sure it doesn’t handcuff you to a single publisher.

~Emmi

Canvas Blues – LXXVI: Yesteryears

18 Wednesday Aug 2021

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CANVAS BLUES
Vignettes Regarding the Artwork of Brendon Kotes

LXXVI: Yesteryears

Robbie wasn’t at his house, his mother giving an apologetic moue while glancing at Casey’s Mustang with a hint of disapproval. Might have been disapproval for the roaring it’d done going up the hill or might have been the fact it looked cheap in comparison to the metallic expensives sitting in the garages of this opulent zone of Castlebrock.

“He went up to Dylan’s house,” she said.

“Dylan Westerman?” asked Casey, his jaw stiffening.

“Yes. I’m not sure if they’re still there though.”

Casey spun away before Mrs. Frey could finish and was hopping down the concrete steps and crossing through the grass and mulch and gardenias while Brendon rushed a “Thank you.”

Inside the Mustang, Brendon picked the Le Mans painting back up to hold in his lap. The back seat sat laden with grocery bags bursting at the seams with Casey’s clothes. His book bag, so full it bloated, lay haphazardly on top of the mountain. But Brendon’s painting had been in the front passenger seat in a place of honor, the Le Mans not weighed down by reality, by hatred of a father to be left behind.

They pulled into Dylan’s canted driveway, the hedges trimmed to boxes, the mulch a gleaming red, the three-car garage door sitting open with both Dylan’s Audi and Robbie’s BMW in the far spots while the bay right in front of them stood starkly empty but for a few gym machines and mats.

“Robbie!” Casey shouted even before he closed the car door, before the slam rattled the Mustang, made it vibrate the painting as Brendon balanced it on the seat. “Robbie fucking Frey!”

“The whole neighborhood will hear you,” warned Brendon, trotting behind, his stomach doing flips.

“Let them,” Casey all but snarled and in that moment Brendon was just happy it wasn’t directed toward him. Continue reading →

Coffee & Conversation: Contract Terms Series (Language)

16 Monday Aug 2021

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Contract Terms Series (IANAL)

There’s a bunch of contract terms for writers that can be difficult to parse for newcomers to the genre, so I want to go over a few in a short, easy contract terms series.

(Note: I am not a lawyer. I am merely speaking from experience on the author side.)

LANGUAGE

This is an easy one. Language rights has to do with what language the contract holder has the right to publish the words/story in. Might seem like a simple, pointless thing to think about, but it’s not.

Translation rights are impacted by language grabs. And some authors make A LOT of money on translation rights. (I’m not one of them, but maybe one day).

Please note that where you can SELL a book is not the same as LANGUAGE rights. For instance, if I wanted to sell a book in Brazil, I need the right and ownership to do so and it can be in any language I want, including English. If, on the other and, I wanted to sell a book written in Portuguese, I need Portuguese rights, and this is not impacted in any way by the right to publish in particular countries. I’m using Brazil and Portuguese as my example because of the difference in name, but the same can be said for Germany/German, Spain/Spanish, etc.

Language/= right to sell in particular country.

If you sell First English Rights for Paperback, Exclusive for Three years, you are selling the right for the publisher to be the first place and only place (for three years) to publish and sell your book in the paperback format in the English language. They would not have the right to publish a German translation in any country, whether first or not.

Language is important! There are A LOT of languages out there. If your book explodes, for instance, and you don’t specific ENGLISH (or whatever your first/selling language is), then your publisher has the RIGHT to translate your book in however many languages they want. They still have to pay your royalties based on your contract wording on how much you get per format sale, but you would lose the opportunity to negotiate your own translation deals for possibly better royalty rates.

When looking at language in your contract, make sure that 1) the contract specifies the exact language(s) that the publisher will be using. Otherwise, they can grab all those languages and argue that the wording of your contract allows it.

~Emmi

Canvas Blues – LXXV: Yesteryears

11 Wednesday Aug 2021

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CANVAS BLUES
Vignettes Regarding the Artwork of Brendon Kotes

LXXV: Yesteryears

Saturday came with a sprinkle, leaving yellow pollen outlines to mark parked cars even long after they’d driven off. Brendon’s father decided to replace the mailbox—“Been pooling water for months ever since those stupid kids batted a three hundred down the street”—and his mother had gone off shopping with Aunt Laurel, leaving Brendon alone during that auspicious morning.

Had he been able to go back, just not answered the door, remained crossed-legged on his bed sketching out a thirty-by-thirty-inch spaceship on cheap poster board…

But he hadn’t known, had he?

Casey scowled when Brendon opened the door. “What’s this I hear about you writing comics with Robbie?”

“I—”

“Is that where you are all these nights? Not actually doing homework?”

“We only meet up like once or twice a week. I didn’t think you’d care. Aren’t the two of you friends again?”

“Friends?” Casey scoffed and tossed his hair out of his eyes distractedly. “He’s no friend of mine.”

Brendon sagged against the door frame. “What happened?”

“Nothing happened. Unless you mean my boyfriend is chilling at a stuck-up douche’s house when I call.” Continue reading →

Coffee & Conversation: Contract Terms Series (Exclusivity)

09 Monday Aug 2021

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Contract Terms Series (IANAL)

There’s a bunch of contract terms for writers that can be difficult to parse for newcomers to the genre, so I want to go over a few in a short, easy contract terms series.

(Note: I am not a lawyer. I am merely speaking from experience on the author side.)

EXCLUSIVITY

When signing contracts, please look to make sure you understand what the exclusivity clause (or in some cases a non-compete clause) states.

Exclusivity is when the publisher has the single/only right to publish words. This means no one else, including YOU, has no right to publish those particular words.

Non-exclusive means the opposite, which is that yes, THIS publisher has the right to publish these words, but if you wanted to sign those same rights to others, you are welcome to do so. Non-exclusive means you can sell the rights over and over.

Normally, contracts will request exclusivity for a specific amount of time when dealing with shorter works (aka, short stories, flash), but throughout the length of the contract in regards to longer works (aka, novels, novellas).

Commonly, you might find that your “really cool short story” cannot be sold or published anywhere else except through “this publisher” for “six months from publication date.” This is a limited exclusivity. It means you’re allowed to sell and/or publish “really cool short story” after six months from the specific day that “this publisher” printed/posted/podcasted it.

Novels will state something more like “this contract will renew every 3/5/10 years. Written notification must be received by the author before the date of renewal in order to end the contract.” [Sometimes it’s even more difficult to get out of contracts. This would be a sort-of kind publisher.] The contract would then go on to dictate how long the publisher would have to remove the publication and send final royalty statements, etc.

Sometimes publishers shove exclusivity within non-compete clauses, which is probably not the best place for it, but some publishers don’t know any better and think non-compete is exclusivity (it isn’t, but I’ll get to that.)

When looking at exclusivity phrasing in your contracts, be sure to inspect 1) whether or not exclusivity exists, 2) how long exclusivity lasts, 3) how to remove exclusivity or if it becomes non-exclusive passively, and 4) how exclusivity interacts with particular first rights or formats, etc.

~Emmi

Canvas Blues – LXXIV: Present

04 Wednesday Aug 2021

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CANVAS BLUES
Vignettes Regarding the Artwork of Brendon Kotes

LXXIV: Present

“This is Casey,” Orion mused. He pressed a finger against the raised paint from where a different painting had ripped the wall when Brendon had removed it. “But he’s not normally here. The lines from the frame are the wrong size, don’t match up with what was here originally.”

Brendon shoved his hands deep into his pockets and did his best not to look self-conscious.

“You were trying it.” Orion met his gaze after an unsettling glance across Brendon’s bedroom. “Did it work?”

With a slow shake of his head Brendon turned away.

“He’s young in this painting. Younger than I’d have imagined. You were friends for a long while? Had to be. First relationship. He bail on you? I can’t imagine you wanting to revisit him were it the other way around.”

Brendon cleared his throat, but didn’t say anything.

“You’re like a painting yourself, Brendon.” Orion moved closer, his voice going deeper, smoother. “All facing outward, your emotions like strokes across your skin. Dark, but not shadowy, yet hiding bits of yourself inside all the business of your work.”

Brendon took a step back, needing the space as his world shrank, zeroing in on Casey where he smiled on the wall and Orion’s steady, steely presence. “I wanted it to be real. I wanted to believe you. But it’s not. It didn’t work.”

Orion only nodded and turned back to Casey’s painting. “That is interesting. That had been another theory of mine. If it wasn’t the artist’s intentions, perhaps it’s the viewer’s.” He ran a finger through the air, miming stroking Casey’s cheek. Then he raised an eyebrow at Brendon. “Maybe the artist as viewer is immune.”

Brendon sank onto the edge of his bed, a visceral feeling clutching at his gut. The bed sagged as Orion sat next to him, the mattress too old to remain firm, pressing their thighs together as they dipped toward one another. Orion made no move to pull away. So Brendon didn’t either. Continue reading →

Coffee & Conversation: Contract Terms Series (Formats)

02 Monday Aug 2021

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Contract Terms Series (IANAL)

There’s a bunch of contract terms for writers that can be difficult to parse for newcomers to the genre, so I want to go over a few in a short, easy contract terms series.

(Note: I am not a lawyer. I am merely speaking from experience on the author side.)

FORMATS

When it comes to contracts, generally the more specific the better on the author’s side. Formats is one really good example of this, as often times contracts can make grabs for many formats without the publisher having any intention of using them.

Formats include all the different ways words can be published. Such as: paperback, hardback, audio, eBook, etc. These can be even more specific, for instance: mass market paperback vs trade paperback. And they can be incredibly generalized, for instance: multiple formats or any and all formats.

Most of the time when in contract negotiations, there is a specific type of format that the publisher wants. This could be an electronic format, for example; eEbook publication is generally the cheapest method of publication, taking the least out of a publishers finances. However, in case of a book doing particularly well, the publisher might want an option clause of some sort that claims other formats. For instance, they might request paperback rights for a particular period of time after they exercise their eBook format right in order to take advantage of a well-selling book.

Sometimes publisher contracts will request a dual format, with online and audio. This is often in the case of free online magazines.

Sometimes publisher contracts will request online rights with a limited time option for audio. Sometimes the publisher contracts could request eBook/electronic format, with an option to include the words/story in an end-of-year or best-of collection.

Please be careful signing anything that doesn’t give you any sort of compensation for extra formats if the option for them to be published in those formats is in the contract.

Also please be careful signing anything that vaguely gives away “multiple formats” in the contract. Seriously, who knows what they mean by that. And if the place specifies “first rights” in those “multiple formats” it can tie your hands up a lot in regards to future ways to sell the words. Even if the contract merely is reprint/non-exclusive rights for those “multiple formats,” this can cause problems for you if you try to sell first rights of a particular format elsewhere only to have the previous publisher decide they want to do it first. They have the right to do that because you signed that right to them (probably without compensation), and you will end up in breach of contract with the second publication.

So try to get your contracts to 1) be specific in what kind of formats they plan on publishing, and 2) explain the situation when extra formats will be published, and 3) document what your compensation will be if the option to publish in those extra formats are exercised.

~Emmi