Business Musings: Diving To Freedom

Here’s the heartbreaking part of this new world. Many long-time writers, who want to go full indie, are abandoning their series rather than put money into their traditional publishers’ pocket. The first time I heard a writer say he was going to do that, I was shocked.

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Business Musings: Myth Busting (Contracts/Dealbreakers)

For the past several months, I’ve focused on contracts, contract negotiations, rights, and dealbreakers. I know I lost some of my indie (self-published) readers, who are waiting until I finish this series before they return to reading my blog. Those readers believe they will never sign the kind of contract I’m dealing with. They also believe that they’re protected because they’re in business for themselves. […]

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Business Musings: How To Hire A Lawyer (Contracts/Dealbreakers)

I have to berate writers to get an attorney. Writers are terrified of attorneys. Writers think attorneys are expensive and impossible to work with. Writers think hiring an attorney will harm them.

Writers are wrong.

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Business Musings: Agent Agreements (Contracts/Dealbreakers)

We’re almost to the end of the contracts/dealbreakers series. I can’t tell you how pleased I am about this, because I feel dirty just looking at some of these contracts and agreements.

Most of you indie writers tuned this series out long ago, because you believed it didn’t apply to you. And yet, I read all the time about indie writers who sign with an agent to sell the print versions of an ebook and to sell foreign rights and auxiliary rights.

Bad move. Really, really, really bad move.

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Business Musings: My Agent Will Negotiate (Contracts/Dealbreakers)

Imagine this scenario: You’re a divorce attorney with more that thirty years experience. You charge hundreds of dollars per hour for your expertise. You have what seems to be a relatively easy divorce on your hands. After all, the client has told you that he and his soon-to-be ex-wife agree on the terms. They simply need you and her attorney to hammer out the details. […]

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Business Musings: Other Evil Clauses (Contracts/Dealbreakers)

Writers tend to go through their business life like Pokémon Go players, looking for something that isn’t there, hoping to score a magic number of points, and not seeing what is there.

It’s impossible to show you all the bad contract terms. I’ve delineated several that you need to watch out for. I’m going to go through some important ones quickly in this blog post…

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Business Musings: Discount Abuse (Contracts/Dealbreakers)

Indie writers: Read this post now in case you decide to get a traditional publisher to publish your paper copies. Especially if you had (or will have) an agent negotiate the deal. Because much of what I’m going to discuss here applies to paper books, not ebooks. This is one of those areas where you, the indie who has gone hybrid, is most likely to get screwed.

In fact, this area is where writers have been getting screwed since some publisher thought to change their contracts in the last 1990s—and then all the other publishers followed suit. (How is this not collusion? Oh…Department of Justice…)

Discount clauses always send a ting of discomfort through me, and not just because the things are damaging to writers’ careers and writers’ incomes. But because they are one of those let’s-screw-the-writer clauses that got added into contracts in the past twenty years or so.

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Business Musings: Long-Term Thinking: Rights Reversions (Contracts/Dealbreakers)

Slowly, traditional publishers have realized that backlist titles are worth a lot of money. As I wrote recently, traditional publishers are slowly figuring out that they are no longer in the manufacturing business, they’re in the rights business.

So they’re buying—and holding—rights. Years ago, when I got angry at a publisher for their misbehavior, I offered to buy back the rights to one of my books. It caught that publisher flat-footed. No writer had ever done that, and the publisher had no idea how to estimate the books’ value to the company.

Now, I’m hearing from more and more writers that their publishers insist on the writers paying to get rights reverted.

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Business Musings: The Grant of Rights Clause (Contracts/Dealbreakers)

As I’m revising the old Dealbreakers book, I am finding a lot of material that no longer applies. 2011-2013 was a transitional period in the ebook revolution. Traditional publishers didn’t know anything about ebooks, and writers had a lot more leeway in what they could do.

Now, things are so different that some of the contracts I’m touching feel toxic to me. I want to wash my hands after holding them.

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Business Musings: Long-Term Thinking: The Non-Compete Clause (Contracts/Dealbreakers)

As many of you know, I’m revising the book Dealbreakers, which I published in 2013. This piece is the second revision of this topic that I’ve done. Please remember as you read this that I am not an attorney, and nothing in this post should be considered legal advice. I probably should have called this post Short- and Long-term Thinking, or maybe just Thinking. Because […]

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