Category: Uncategorized

There are two basic types of rights covered in your contract: publishing and subsidiary. They should be two separate clauses in your contract.

Publishing rights cover the rights to publish your work in certain formats within a certain geographical area.

Format:
It is assumed that the book will be published in a traditional paper and ink, bound format, so this will probably not be spelled out. Your contract might list hardcover, trade or mass market bindings, but generally this is not covered in the rights section. It’s just assumed that they have the rights to all of the various paper and ink formats.

Other formats may be listed in this clause, such as e-books and audio books, or they may be listed under subsidiary rights. Either place is fine, but with the increase in popularity of these formats, they will probably be specified somewhere.

The fact that a publisher includes these formats in their rights does not necessarily mean that they will option them. It means that they have the right to option them. If it’s very important to you to have an audio format of your book, and your publisher has included that in their rights to be optioned, ask what percentage of the time they exercise this option or what conditions need to be met for them to do that. If chances are minimal that it will happen, you could try to separate that from the contract, allowing you to sell those options to someone else or exercise them yourself. But as a publisher, that might be a deal breaker for me. If I’m publishing the book, and someone else is doing an audio, and the audio is poor quality, that will damage my ability to sell the book. I, personally, will not take paper and ink, unless I also control the audio and e-book rights. So pick your battles. If this one isn’t a big deal to you, let it go.

Geographical Area:
Where will the publisher publish your book? There are several variations on geographic rights. These rights should be defined in your contract. I’ve included the most common terminology on geographic rights.

World Rights: Most publishers will ask for World Rights. This means they have the right to publish your work in every language and in every country in the world. They themselves won’t publish your title in all these areas. They will produce an English publication and sell it in the US, Canada, England, Australia and other English speaking countries. Then they will most likely sell the rights to other publishers to print the book in other languages and countries.

If you’ve got a title with the potential to be a huge seller in multiple countries, your publisher may only publish a U.S. version and sell the rights to publish in other English speaking companies–which include the rights to re-edit, redesign and retitle. (For example, JK Rowling’s 1st book is Harry Potter and The Sorceror’s Stone here in the US, but it is the Philospher’s Stone in England.)

In the LDS market, unless you are a General Authority, this is generally a moot point, as the majority of titles never make it into translation and are never published separately in other countries.

If the publisher has World Rights, you may get a percentage of the sell of those rights or you may get a standard royalty on books sold by these other companies or you may get nothing. If your publisher asks for World Rights, have them spell it out. Just in case.

World English: On a national market, there is more of a distinction between World Rights and World English, but in the LDS market, they’re pretty much the same. Even though they say they have World Rights, most publishers only option World English–which is what I described above–an English version that they sell throughout the world.

North American Rights: This is the right to publish and sell in the U.S. and Canada only. Since the LDS market rarely reaches into foreign languages and is very small outside North America, it does you no good to insist on only giving the LDS publisher North American rights. No one else would purchase the other rights separately from these, and your publisher (or distributor) generally already has an account with those few English speaking LDS bookstores in the rest of the world.

U.S. Only: This is the right to publish only in the U.S. Again, in the LDS market, this one does not give you any advantage. The only time you’d want to consider this is if you live in Canada, England or Austrailia and you have a cross-over book (appeals to both LDS and mainstream) that you want to publish and promote heavily in your own country as well as in the LDS market. But if this is the case, you’d be better off selling World Rights to a publisher in your country, and having them resell U.S. only rights to a publisher in the U.S., or even LDS rights to an LDS publisher. (I’ve never heard of this happening, but I suppose it could.) Or more likely, your publisher would just hire an LDS distributor and have them sell the original publication within this market.

Tomorrow: Subsidiary Rights

You own the copyright to your work. I would guess that most publishers have a clause in their contract that covers this. If they don’t, ask them to add it. You want your contract to explicitly state that you own the copyright to your work.

Current copyright law states that copyright goes into effect the moment your work appears in any fixed form. That means you are protected from the time you write your first sentence. It would seem that given this, copyright ownership is a no-brainer, but there are a few legitimate exceptions:

• a work for hire, where you are writing a book according to the specifications of another person or company. In this case, they, not you, own the copyright.
• a work where you are the ghost writer for another person, or writing an “as told to” book.
• a series of books written by multiple authors but published under a pen name or company name. Copyright status varies on this–sometimes the author owns it, sometimes the company that authorizes the series owns it.
• a work where you write the text, but someone else creates the layout and that layout provides a significant uniqueness for the book (possible examples: student workbook , textbook, cookbooks, puzzle books, etc.) Sometimes in this situation, there will be a shared copyright between the author and the publisher.

Just to be clear, have copyright ownership spelled out in the contract.

And speaking of copyrights, you do not need to plaster a copyright notice across every page of your manuscript submission, nor do you need to mail your MS to yourself. Legitimate publishers do not steal MS ideas. However, if either of these actions makes you feel better, go ahead and have at it, but it’s really not necessary.

Also, you do not need to register the copyright on your work until it is published. Often your publisher will do that for you. If they do, it should be in their contract. If it’s not, ask them if they will do it or if you should. If they don’t, you need to send two copies of the published work (publisher should provide these free of charge), $45 and a completed application to the Library of Congress (click here for details).

For self-publishers: you own the copyright, hands down. Register your work as soon as it comes back from the printer. Copyright is never an issue between you (publisher) and the distributor, so it may or may not be mentioned in the contract. If you’re using a vanity press or POD, make sure that in your contract with them, it is spelled out very clearly that YOU own the copyright to YOUR work.

A contract covers one individual piece of work. Sometimes it may cover a series of related works, as in a science fiction trilogy or a 7 book historical novelization. This is reasonable.

A contract should never be for a period of time, as in everything a particular author writes within a specified number of years. This is not reasonable.

Nor should a contract be for everything an author writes in a specific genre or market. This is also unreasonable.

The reason a publisher may try include rights to future works in a contract is that new authors don’t make much profit for a publisher. As more novels come out, an author gains a broader reader base. Later novels have a better cost/return ratio for the publisher. A publisher is trying to protect their original investment by insuring they can reap the benefits of the broader reader base later on.

Generally, the right to first refusal of the next work (we’ll talk more about this in a future post) and good author relations will take care of that. The future is just too uncertain for either party to be locked into a time-based contract. If either party determines that the relationship is just not working for them, they should be able to discontinue it with minimal effort (more on that later too).

However, consider this when, as an established author, you are offered an enticing deal by the competition. Your initial publisher took a chance on you. They risked their capital, and their company to some extent, on you–an unknown. That risk should garner some element of respect and loyalty. If every new author jumped ship to a bigger publisher after they were established, the publishers willing to take those initial risks would soon be out of business.

The reasonableness of a one work contract offered by the publisher needs to be balanced by reasonable consideration when the author becomes popular and other publishers attempt to woo them away in the future.

I decided to talk about contracts because more than any other complaint, I hear disgruntled authors talking about clauses in their current contracts with LDS publishers—clauses that I consider to be unfair, abusive, immoral or predatory. I do not know if these clauses actually exist in black and white; I have not seen them. However, I do know that they exist in the minds and understanding of many authors—authors who to me seem to be very sincere, honest and reasonable people, aside from the fact that they have signed a ridiculously unreasonable contract in the first place. So whether these contracts exist in reality or only in the minds of confused authors, I feel there is a need to discuss basic contract clauses and to expound upon what is and isn’t reasonable.

Contracts can be very complex and confusing. Ideally, they spell out the agreement between two parties so that there are no misunderstandings. They protect both parties from various eventualities. A good contract is fair and reasonable and allows for both parties to succeed within the framework of the agreement.

In reality, most contracts are biased toward the side that creates them. This is not always an intentional act of underhandedness, but rather occurs because the writer of the contract understands most clearly their own needs and vulnerabilities and creates a contract to cover those needs.

There is no such thing as a standard, one size fits all publishing contract. A contract is a place for beginning negotiations. A publisher will ask for everything they “wish” for. An author should have their own “wish” list. Then together, the publisher and author discuss the contract in relation to their own needs and desires, and come to an agreement that satisfies both. Some clauses in a contract are fully negotiable; others are deal breakers. A reasonable publisher will be willing to discuss both, giving up some points when they can and explaining when they can’t.

No reasonable publisher will withdraw a contract simply because you ask for clarification or explanation. Nor should they bully you or put undue pressure on you to sign a contract that you do not fully understand. All reasonable publishers will expect you to show the contract to your attorney and/or financial advisor and will give you time to do that. Generally, thirty days should give you plenty of time to negotiate the fine points and make your decision. Don’t be in such a hurry to be published that you ignore your inner voice and sign an unreasonable contract the very day it is presented.

You may have noticed that I’ve stressed “reasonable” several times. I’ve heard claims of extremely unreasonable contract clauses and behavior by various LDS publishers from many, many authors. Sometimes what they describe is so unreasonable, it’s absurd and I have a hard time believing it’s true. At other times, I feel the author is the one who is being unreasonable.

As I discuss various contract issues, I will try to explain the reasoning behind them from the publisher’s perspective. If you have a different perspective, please chime in via the comments trail. More than once, I have changed my basic contract based upon an open and frank conversation with an author.

My hope is that these discussions will help authors to make fully informed and well-reasoned decisions on contract offers, and that they will prevent some of the unreasonable clauses that I’ve heard about over the years.

This photo also came compliments of Sandra at Rosehaven. She took it because he is looking at one of Rosehaven’s new books. But it is also a good shot of the booth itself.

Lipnotes makes lip balm with custom messages on the container. They have over 100 messages–or you can design your own.

Their lip balm with LDS messages are sold under the Hold to the Rod Designs name.

They also have buttons, magnets, and magnetic bookmarks.

Ringmasters won the award for best use of the theme. Here is a photo of the entire booth:

And this is the reason they won:

If you look really close, you can see that there are glass tubes holding up this display, with live goldfish swimming around in there.

Ringmasters is best known for their CTR rings and other LDS jewelry, but they also carry cards, prints, puzzles, decor, ornaments, decorative plates, throws, and other stuff.

(Photos compliments of an anonymous e-mailer.)

Hi. I was wondering what is the best way to find a job in the LDS publishing business.

Well, you can always start your own publishing company, but some people find that more trouble than it’s worth.

First, what do you want to do? There are a lot of different job descriptions in a publishing company, from president to management to editor to designer to marketer to janitor, and lots of others in between. I know. I’ve done them all. The type of job you want to do will determine how you approach the company.

If you’re an editor or graphic designer, you’d need to show some credentials or a portfolio. You might also need some specialized training in certain types of software. If you want to scrub the toilets, you just need to wait for the current guy to quit, then offer to do it for a lower wage than your competition.

How do you find out about job openings?

Some of the bigger publishers, such as Deseret Book and Covenant, list job openings on their websites. I’d check that first. Or if there’s a specific company you’d like to work for, call them.

Should I just take/mail my resume around? Is it just who you know?

Getting a job in a publishing company is much like getting a job anywhere else. Get an application if you can. Send a resume. If you know someone who can give you a heads up and a good word when a position opens, that always helps.

Does an internship help?

Some companies do internships, some don’t. I’d love to have an intern–free slave labor. Just make sure that there’s an opportunity to move into a real job at some point. And don’t expect to get to do the cool stuff right away. Most interns play gopher or lick envelopes or do basic filing at first.

I expect that resumes come mostly from English majors looking for editing or proofreading jobs. I’m not, and I’m not. Would there be any differences for those of us looking for typesetting or cover design or secretarial jobs?

I do get more resumes from editors than from others, but I certainly see my share from typesetters, graphic artists, marketers, etc. I don’t think I’ve ever gotten one for a secretary. Like any other job, it’s a matter of timing. Having the skills the company needs, when they need them, at a price that fits their payroll budget.

A lot of companies outsource their editing, typesetting and cover design work. I have a network of editors and designers that work freelance, as needed. If you’re looking in this area, you might want to approach the company as a freelancer first. You’ll need to show samples, references or be willing to do your first project cheap to prove you have what it takes.

And just in case you, or any other reader, thinks that working for a publishing company is a good way to get your foot in the door and they’ll be more likely to look at your manuscript and publish your book–think again. In my experience, employees of publishing companies are LESS likely to get their books published by the company that employs them because the company doesn’t want to be accused of favoritism. I know there’s an exception to every rule, but generally, it seems an employee’s book must be twice as good to get half the attention.

Thanks for your help. I enjoy reading your blog.

Thank you, and you’re welcome.

I’ve decided I should never post anything after 9:00 p.m., because that’s my preferred bedtime (when children and work let me live according to my own personal bio-rhythms) and my brain has completely turned off by then. I sound down and depressed, when I’m really just tired.

The true story behind yesterday’s post is that I’ve been re-invigorated. LDSBA and the associated events have reminded me of why I made the decision to become an LDS publisher in the first place. The month before convention is always hard and stressful, but the convention itself infuses me with energy which I can live on for months. So no more down and grumpy posts for me.

CONTEST:
About this contest idea–so far the vote is exactly split between the four suggestions I made, with most of you voting for two options at a time. C’mon guys, that is just no help at all! If I don’t get a tie breaker, I’ll just put them in a bowl and pull one out each month. How’s that?

GUEST BLOGGING:
Someone asked if I’d be willing to have another publisher/editor do a guest post on this blog. Certainly! Have them e-mail it to me with instructions on whether they want to be anonymous or identified.

CONVENTION:
I’m wrapping up all the convention posts and photos. I want to finish off this topic this weekend. So if you have anything to add or ask, send it NOW.

CONTRACTS:
Next week I’m going to start a discussion on contracts–what’s fair, what’s not, what to look for, what’s a deal breaker. If you have any contract clauses you’d like to have evaluated, send them to me and I will include them in my discussion.

Been spending this week processing orders and tidying up the loose ends that were left hanging while I prepared for the convention. I’d love to post something witty and entertaining, but to be perfectly honest, my brain is on idle. I can’t think of a single thing to say at the moment.

Still trying to round up some of the requested booth photos.

As to the request for a complete list of the 119 vendors with their product and contact info, that is just beyond me. Between the list and the individual photos, I’ve posted about 35-40 of them. I have the list on paper but the thought of keying all that info in is just too much to contemplate. Sorry.

Time for a New Contest
I want to run another contest in September. Do you want to do a Query contest? Another Pitch contest? A first paragraph contest? A writing prompt contest? Or maybe I should run a contest for contest ideas?? E-mail your suggestions by the end of the month.

Here are some of the booths that I do not have photos of, but I think you’d be interested in. If any readers know someone in these companies and can get a photo of their booths, please do so and send it to me.

The ones in blue are publishers.

Bargain Shoppe (lots of really cute stuff)

Bonfire Press (a new small press)

Brigham Distributing (one of the bigger distributors)

Cedar Fort’s wall of water

Covenant Communications

Creative Memories and/or Finch Family Games (they both do fun idea books)

Eborn Books

FCP Publishing

Gem Smith (jewelry)

Genealogical Publishing/Parables (E.P. Bentley)

Gibbs Smith

Granite (from the front)

Greg Kofford Books

Latter Day Designs (Book of Mormon toys)

Naag Tag (etched glass items, mini missionary tags, nature photos with sound)

Penny Press (make smashed penny art)

Richard Maher

RingMasters (live fish)

Rosehaven/Mapletree (they were in the same booth)

Signature Books

Spring Creek

Walking the Line (self-publisher)

Windriver

When they first announced this, I really had to put forth some effort not to roll my eyes. I mean, really–a Nashville tribute to Joseph Smith??

Apparently I am the only Mormon on the planet who had not heard of this album.

It was remarkable.

Dan Truman and his wife were there to accept the award. He was just amazing. She sang “Emma”. It was truly touching. The recording on this link is sung by Mindy Gledhill, who sings it on the album.

I am going to buy this one.

Jason Deere wasn’t able to be there either. He was off doing musicianly stuff too. But Dan Truman was there to accept in his behalf.

Paul Cardall won the Listener’s Choice Award for Instrumentalist. He played a version of Joseph Smith’s First Prayer from Hymns Vol. 1 album. This was my favorite performance of the evening. I love piano music and he was so…word’s fail me. Click here and listen. You’ll get what I mean.

I’d never heard of him before, but I’m going to my local LDS bookstore later this week, and I plan to buy every single one of his CDs.

There’s probably a more “promotional” photo I could use, but this one was beautiful. I couldn’t resist.

Male artist was Kenneth Cope. He performed Broken Souls for us. I’d never heard it before. It was very nice.

Female Artist was Jenny Phillips. She wasn’t able to be there because she was on her way to somewhere to do a concert.

We also had the Listener’s Choice Awards. Unfortunately, I don’t have any photos of this part of the convention. Wish I did because it was really fun. But for most of them, I can probably find some internet photos.

Master of Ceremonies was Kirby Heyborne. He was hilarious.

On the Thursday evening after the show, there is a huge banquet. There’s always some type of fancy buffet where I usually have to ask the server what the food is. I’m not a gourmet eater by any stretch. But even if I don’t know what I’m eating, it’s always yummy.

After we eat, the outgoing president of the association is recognized and the incoming president and board of directors are introduced. Scholarships are awarded. Scholarship money is collected from donations. Association members, their children, grandchildren and employees can apply for the scholarships. They are selected by an independent group. This year, three $1,000 scholarships were given out.

Then comes the awards ceremony and program. I didn’t take notes, so I hope I get this right.

Awards of Excellence
Outstanding Booth Awards:
Lightstone (Liken) Studios
RingMasters

Retail Excellence: (chosen by Wholesalers)
Crowley’s Quad in Twin Falls, ID (small bookstore)
Moon’s Bookstore in Dallas, TX (large bookstore)

Wholesale Excellence: (chosen by Retailers)
Spring Creek Book Co. (small wholesaler)
Sounds of Zion (large wholesaler)

There were also awards for Outstanding Sideline Product, the Readers’ Choice Award and Exceptional Merit Award, but I can’t remember who got those. If anyone reading this remembers, let me know.

This booth, One Associated, probably caused the biggest buzz at the convention. It’s no surprise to anyone that the LDS publishing industry is struggling. Independent bookstores are finding it harder to stock their shelves and make ends meet. And you’ve certainly heard me rant about the unbelievably small profit margins in a niche market like ours. Many of us have been trying to come up with ways to make the situation better for all involved. This company may have just hit upon a solution.

As I understand it (and I hope I don’t misrepresent them here), One Associated is a profit sharing situation where bookstores and vendors work together in a win/win situation. Bookstores give a little on some points. Vendors give a little on other points. And we all profit. It’s based upon a point of sale register and software program that automates a huge portion of the ordering and inventory process and creates reports that will help the vendor support the bookstores.

One Associated’s booth was set up like a mini-store and they showed how the process would work in a real store. They also had training meetings throughout the day to explain how it all works. And they gave away cool pins, water bottles and squeeze balls. That alone makes them a star in my book.

Seriously, I think this idea has some real potential. It will be interesting to see how it works out.

Maryetta’s has lots of little table-top statuary–several pieces with Christ, and others with family situations. Maryetta’s has a lot of really popular pieces, like the Young Woman and Christ in Gethesemane. I especially like Love One Another, Ascension and Lullabye.

I’ve had several requests for a photo of Covenant’s booth. I don’t have one in any of the photos that have been sent to me so far. I’ve contacted my friends and they’re going through their photos again to try to find one. But if any of you have one, please send it.

This photo comes compliments of C.S. Bezas:

Hey, this is a picture I took with some of my buddies in front of Rosehaven’s booth. I flew out for my new book, “Powerful Tips for Powerful Teachers” and my CD, “A Time for Ana.” The publisher is Rosehaven Publishing & Distribution. I just love working with them. Talk about integrity!

(Reading left to right, C.S. Bezas (me), Kenya Transtrum, Janie Van Komen, Lori Nawyn, and Karlene Browning, the owner of Rosehaven .)

Wellspring Publishing (booth on left) publishes and distributes a variety of items. I think their booth actually wrapped around to the other side of the aisle. They have books, coloring books, bookmarks, stickers, calendars, cards, matted prints…just lots of things.

The booth on the right is Stevenson’s Genealogy Center. They have every genealogy item that you can think of, and several more that you would not have thought you needed (but, of course, you do)–binders, sheets and forms, how-to books, kits, software. They also publish family histories. Cool.

Sounds of Zion is another of the bigger distributors. They had an 11 booth space that looked like an “L” with a 6 booth square in the front, then a 5 booth strip down one side.

They used to carry mostly CDs and talks on tape, but they have prints and books and other things now too. I’ve always liked the way they display their products on that slat board display. It’s a very crisp and clean presentation.

This company used to be called Organized World, but I guess they go by OW Designs now. Either way, they have the cutest scripture totes I’ve ever seen. I love the ones with the smiley faces–you can see them in pink, yellow, blue and red, just below the light on the right side of their grid display.

One year OW’s booth won the award for best decorated booth, according to the theme. I can’t remember which year it was or which theme, but they deserved it. Their booth was a cute surf shop this year and they were probably in the running, but got beat out by Ringmasters who had live fish in their booth. (I haven’t posted that photo yet.)