Behler Publications and the Rescue Beagles wish all you wonderful writers a Merry Christmas!
I received an email from an acquaintance who received a contract offer with an alarming clause, and he wanted to know if this was a standard clause.
In a nutshell, the clause forbids the author from submitting subsequent similar stories to other publishers – or self publishing it. All stories that are deemed “similar” fall under the jurisdiction of that publisher and must remain with that publisher.
Now, this is entirely different from a First Right of Refusal clause, which simply states that the author must give their publisher the first right to review subsequent manuscripts, and reject it or offer a contract. I wrote about it here,
This is far more overreaching, so I’ll explain the pitfalls:
Definition of “Similar”
There is no definition of “similar,” in the contract, so how is the author supposed to understand what falls under the current publisher’s purview and what he can submit elsewhere? Are they talking about genre, plot, characters, setting? Further muddying the waters is, how does the publisher possibly enforce that clause with such dubious wording?
Many authors write in the same genre, so if an author writes YA distopia, does this clause grab all of the author’s future YA distopia? Or are we talking the characters? Without having this clearly stated in the contract, the author is walking a tightrope without a safety net. The worst of all is that the publisher has ultimate control over what they deem “similar.”
Authors can’t be held to a moving target. Define by what is meant by “similar,” then maybe there’s something to work with. However, at that, I would never, never, never suggest an author sign such a ridiculous clause in the first place. And, frankly, I would question any publisher who would put that into their contracts.
Author Freedom
My friend’s acquiring editor told him this clause is meant to help grow the author’s career by cutting down on cases where the author could find themselves competing against their own work by having similar books at different publishers.
Personally, I think this is a load of camel slop because first and foremost, the publisher is inhibiting the author’s freedom to do what he wants with his writing career. What this really does is help the publisher corner the market on that author’s “similar” works, therefore ensuring maximum sales for the publisher…which, in theory, is good for the author.
And sure, I can imagine the frustration a publisher would have seeing one of their authors give another publisher a similar book. The original publisher worked hard to establish the author’s platform in the marketplace, and now they have competition. And my answer to this is that it’s incumbent upon the publisher to be so freaking fabulous that the author wouldn’t think of going anywhere else. It should be a relationship of fabulosity, not force.
You do not, not, not take away an author’s freedom. It sends a terrible message, and…well…it’s rude. A publisher is either up to the task of doing good things for their authors, or they’re not, and the author should have the ability to move on if they want. Good publishers don’t keep their authors by force.
Publisher Suckosity
And this brings me to another point. Publisher suckosity. What if you sign a contract with this clause and you find out down the line that the publisher isn’t doing a good job in promoting, marketing, distributing, and selling your book? The clause makes you their writerly slave.
Signing a contract is a happy happy time, filled with daisies, puppies, and rainbows. Authors never imagine the possibility of a Dark Lord of Suckosity surfacing, bringing slobbery, murky, bloaty gnomes whose sole job is to make you wish you’d never picked up a quill.
So the worst case scenario is that not only have you discovered the Dark Lord of Suckosity, but this lousy clause ties you to them with lightning bolts.
Any clause that gives the editor control over deciding what “similar” means is meant to favor the publisher. Trying to insist that these clauses are meant to protect the author is publishy-speak for, “Gee, I hope they didn’t see through my smoke and mirrors.”
This clause puts you in a Demilitarized Zone – you’re not free to take a step forward or backward because they own your soul and tell you what you can and can’t write.
My advice to my friend was to run. Far and fast. And if you see a clause in a contract, I urge you to join my friend. Stay safe, dear writers!
“Never judge a book by its cover.”
That’s been the standby moms around the world stuffed into our disbelieving ears when they were trying to make a point about looking past the surface to see the good. In my case, Mom was trying to impress upon me that Tommy Johns was probably a really nice kid and that I needed to look past the fact that he spit on us girls at recess and called us pig farts. Right, Mom, I’m sure deep down he was a real prince.
The truth is we abso-freaking-lutely do judge books by their covers, whether they’re on two feet and spitting on girls at recess, or surrounding a bunch of type-written pages.
And it doesn’t just affect us mortals. Years ago our publicity director took a meeting with one of the premiere reviewers in New York. They ooo’d and ahh’d over our books as they passed them around, commenting on the lovely cover art. They sheepishly admitted to being influenced by cover art…just like the rest of us. I’m shocked. Shocked.
I wrote about cover art here, so I won’t rehash those particulars. Instead, I’ll bring up these points:
You Ain’t a Pro
A number of you are self-pubbing your books and happen to be handy with digital artwork, so you feel competent in designing your own cover. My advice? Don’t.
Cover design has unique properties that attract unsuspecting readers. Colors can attract or repel. Fonts can make your eyes squint. Graphics can be muddy hot messes.
I feel pretty confident that I can toss together a fairly decent garage sale sign. But cover art? I’d rather spit on Tommy Johns at recess and call him a pig fart. You need to understand fonts, graphics, colors, and visual appeal. Unless you’re a professional book cover designer, then you ain’t a pro. This is why so many self-pubbed books are overlooked. They look homemade. It’s cute for Christmas decorations, but not for a book.
Heck, I don’t consider myself a pro. Okay, maybe I have a better idea than your average bear, but I leave the heavy lifting to our lovely cover designer. I’ve had great ideas any number of times, and she’ll write me back asking if I’ve been dipping into the cooking sherry again. What I can do is tell her the feel I’m looking to evoke with the artwork, and she produces the magic. Then my sales teams rip me to shreds and ask if I’ve been dipping into the cooking sherry. Tough life I lead.
Ten Foot Test
The lucky thing is that I have a team of many to keep me on the straight and narrow. It’s woefully easy for a self-pubbed author to go wrong. Case in point, an author I knew hired an artist to do the artwork for his fantasy. The graphic was amazing and intricately detailed. However, whenever I closed my eyes, all I saw was a blob of purple. I feared this would be the takeaway perspective readers would have when they entered a bookstore. Clearly, it didn’t meet the Ten-Foot Test – meaning that the cover needed to be memorable and clear from ten feet away.
Think book signings: People come into the bookstore and see you standing in front of a pile of books. If all they see are purple blobs, then there’s nothing to pull them over to your table, unless you’re offering free shots of Fireball.
Consult a BOOK COVER DESIGNER. Only they understand how to make your book cover sing. Stick to what you know; writing.
Shrinky Dinky
Something else to consider is that your cover art will be shown in the online stores like Amazon and BN.com, along with review sites. These are thumbnail size. If your cover art is intricate, the shrinky dinky thumbnail jpg of your cover will require readers to don microscopes, and I usually leave mine in my other purse.
This is the same case for your printed bookmarks, business cards, or other promo giveaways. Your cover needs to stand up to being miniaturized a la Fantastic Voyage so you can attract readers.
Publisher Cover Art – Yeech!
Okay, so even reputable publishers can screw the pooch. So what happens if you find yourself in that position? Well, you could spit on your editor and call her a pig fart, but you may as well toss yourself under a garbage truck if you pull that trick. My suggestion is to talk to your editor. I’m not saying she’ll necessarily change her mind, but you should definitely say something.
It’s helpful if you can present solid reasons as to why you don’t like the cover art. Saying, “I don’t like it!” isn’t helpful. Is it the font? The colors? The graphic? Do you feel it doesn’t represent the tone and emotion of your story? Be specific. The more professional you are, the more willing your editor may be to offer a few changes.
Conversely, the editor should be able to defend the cover art as to why it’s a smart, visually appealing walking billboard for your book. If she can’t or won’t, then maybe she is a pig fart.
Do Your Best
The truth is that no one’s perfect with the cover art because art is subjective. What I think is gawd-awful-stick-my-finger-down-my-throat may be squee-worthy to another. The important thing is to do your best by putting your cover in the hands of those who do this for a living. Make them explain to you why their design works. Learn from them. And most of all, put your emotions aside. Publishing is a business, and the cover art is the main packaging.
As for Tommy Johns, I often wonder if he went pro with the spitting thing…
I’ve had a couple author friends who got hooked up with less-than-stellar publishers, and they would fork over a major organ to be free of them. It’s rare that contracts can be dissolved unless there’s proof the publisher has engaged in actions that violate the contract. So yes, sadly, you’re probably stuck. But there’s no worse feeling when the contract also has a First Right of Refusal clause. Now the authors feel tied to their publishers like a case of head lice.
So let me help you to feel better. In most cases, all this clause means is that your publisher gets to see your manuscript before anyone else, and has the right to offer you a contract, or reject it before you show it to anyone else. Hopefully, your contract will have some sort of deadline – like three months – that they have to accept or reject your manuscript. After all, you can’t allow them to sit on your manuscript forever.
The good news is that just because they offer a contract, it doesn’t mean you have to accept it. You can politely refuse the terms of the contract and clearly establish that you’ve fulfilled the terms of your contract with respect to First Rights of Refusal, and that you plan on querying your work elsewhere.
Check your contract’s wording of this clause to be sure of the stipulations. Then pull out a margarita and celebrate that you are not stuck.
Tired of seeing your book pirated on free download sites? This drives me insane, and I spend a lot of time sending DMCA (Digital Millennium Copyright Act) take-down notices to the bastards. Some obey, others flick their nose in my direction and keep on illegally selling.
Authors and editors think they have no choice, but they do. Whenever I find a pirate site that’s illegally offering up our books, I reach for Twitter and blast out their web address and claim they attach viruses to their free download files. Think how this would impact the pirates. Hit ‘em where it hurts, dear authors, and meet fire with fire.
Nabbed from a query letter:
“I self published a book last year on Amazon to great acclaim, but I realized it’s best to leave publishing to the professionals.”
This isn’t a positive statement, and doesn’t make me excited about asking for pages. Rather, this infers that for whatever reason, the author self-pubbed and didn’t do well promoting it – checking Amazon bore this out. So I have to ask myself whether the author would be equally unsuccessful in promoting a book with us. I understand the uphill battle of the self-pubbed author and that promotion is much more difficult, but I’ve seen plenty self-pubbed authors kick ass and take names. They’re an asset.
Whether it’s a fair assessment or not, I see the author as a liability. It sucks to have to make snap judgements, but publishers have no choice but to weigh the pluses and minuses of an author’s platform because it’s a vital element to publishing nonfiction.
The take away here is that if you don’t have anything positive to say, then don’t mention it. Instead, focus on your book, what it’s about, why it rocks, and why readers will clamor to buy it. It’s a better idea to play up your platform than divulge how poorly your self-pubbed book did. Keep it positive because that’s far more infectious.
And when you’re talking about your book, don’t forget to include the most important elements of your story:
Now go forth and be brilliant!
Seems as though Amazon and Apple iBooks have a love-fest with Behler books. We have a number of titles that are on special sale for Christmas, so if you’re wondering what to give that special someone in your life – consider one of our wonderful, inspirational, kick-booty-take-no-prisoners-wow-I-feel-fabulous books. I give you the following: