Blogger: Mary Keeley
Location: Books & Such Midwest Office, IL
With the multitude of self-publishing, print-on-demand, and new publisher options available, writers need to be alert when pursuing these options on their own. With each new “invention” comes new ways of doing business. Some provide a good opportunity for authors; some could be potentially dangerous.
I recently researched a new, general market niche publisher that appeared to be a good fit for a client’s book and submitted the proposal. Two months later, after not receiving a reply, I followed up. Apparently in the intervening months, the business model had been refined, shall we say. The reply came from a different person who directed that all proposals be submitted via a link on their website, which he provided, because authors were now required to consent to their submissions agreement.
An experienced eye could see that the new submission process itself was questionable. But the agreement set off alarm bells. Included in the complex legalese of one of the clauses was wording that suggested the publisher would have creative rights to use the author’s idea as their own. Add to that, the pleasant wording on the link proclaimed that this agreement extended itself to proposals submitted before the existence of the agreement. Huh?
There may or may not have been a deliberate attempt to look through submissions to use the ideas in ways the proposals’ authors never intended. I’m not making a judgment or accusation. But the wording certainly opened the door to the possibility. The agreement, together with the dubious submission process, was enough reason for me to reply in clear and broad legalese, disallowing use of my client’s creative idea and withdrawing the proposal from the publisher’s consideration.
Further, note that the initial link and following screens were directed specifically to authors, not agents. Was this to pull in trusting writers? Who knows. But beware of what you may be getting into when going it alone. More now than in years past, it takes an experienced eye to pick up on subtleties of complex wording, business models, and practices.
Acquiring an agent is a wise career move. Choosing a self-publisher with a clearly worded contract, fair and balanced for both parties, is essential. If you hire an attorney to review the contract before signing it, be sure he or she is experienced with publishing contracts and the publishing industry in general.
At what point in this scenario do you think you would have become wary? Do you think you are familiar enough with legal language that you would have picked up on the cause for concern in this agreement? Would you have questioned that the submission link was addressed to authors, not authors and agents?
Have you experienced or heard of other questionable practices in publishing that seem devised to take advantage of the unwary?
Cheryl Malandrinos
Great post, Mary. I don’t have a lot of experience in this area, but I can say even with my first contract that seemed very straightforward, I had my attorney look at it: though I wish he was well-versed in publishing contracts.
I’m not sure where in the process I would have become wary. Instituting a new business model might have created some questions, as would the change in who the emails were coming, but I’m not sure the link being addressed to authors and not authors and agents would have set off any alarms for me.
Even in my limited time in the industry I’ve heard horror stories. At times, I wonder if you can really trust anyone.
Thanks again for the great post.
Lynn Dean
Many years ago I submitted a story to a popular children’s magazine. I wasn’t too surprised to receive a general rejection letter saying that my article “did not meet their current needs.” I WAS surprised to see a slightly altered version of my story (with the same title!) published later that year–“written” by a member of their staff!
I can handle rejection, but not plagiarism. I canceled our subscription!
Donna
Mary, thanks so much for your helpful, insightful words of wisdom in this very gray area!
Sarah Forgrave
Wow, Mary, It’s a shame such models exist, but it’s one of those realities we all have to be aware of. Thanks for shining the light on the traps and providing options for what authors can do.
Cynthia Herron
Mary, I have no problem with admitting that legalese is not my area of expertise. Since so many deceptive practices seem to abound these days, it only makes sense to have one’s agent/attorney carefully peruse all documents before signing on the dotted line.
What’s sad is that the desire to be published is so strong that authors can sometimes overlook red flags/warning signs initially.
Peter DeHaan
When I start reading a legal contract — especially one that is intentionally one-sided — all I can see are the things that could go wrong. Without an attorney –or an agent, in the case of a book — I quickly become so paranoid that I would never feel comfortable signing it.
So, I would have definitely bailed when asked to agree to their terms — if not before!
Thank you for sharing this example of what to be wary of.
Mary Keeley
Lynn, sorry to hear about your sad experience.
Many magazine editors ask contributors to sign their policy statement, which grants the editors limited, non-exclusive rights to use a contributor’s material either in their online newsletters or in one of their other publications. Such an agreement protects both the writer and the magazine.
When you receive a response from a magazine editor who wants to use your article, if he or she doesn’t mention their policy statement, it’s a good idea to request a copy and read it before agreeing to sell the use of your article to them. And keep a copy of it in your files.
Richard Mabry
Perhaps I’ve become cynical as I get older, but I think I would have–as we say in these parts–“smelled a rat” when I began to read the agreement this publisher was asking me to sign.
Thanks for the heads-up. Just another proof that we live in a fallen world.
Sharon A Lavy
Thanks for the warning.