Publishing contract ~ what are subsidiary rights?

As an author, I wish I could write and write and have someone else worry about publishing contracts and marketing. We, authors, can avoid these to some extent by having an agent work for us to try to get the best deal. Even then, we still need to become involved in the process to make sure the agent is doing what is best for us. Whether agented or unagented, authors need to understand what is presented in black and white to make sure they maximize current and future revenues. To do that, we have to understand some publishing contract terms.

Today, I’m going to talk about subsidiary rights as they pertain to U.S. contracts. This information is in no way to be viewed as legal advice. I am not an attorney. These terms are for educational purposes only. I will try to explain as much as I can so you, as an author, will have the knowledge to make an informed decision if you ever find yourself with a publishing contract in hand.

Authors have nine (9) subsidiary rights. They are:

First serial – This is your right as an author to publish excerpts or condensed versions of your manuscript or book in magazines and newspapers before the book is published. You may not see any $$ from these, but they are awesome for exposure and getting readers excited to buy your book.
Second serial – This is same as the First Serial right except this covers the same right to publish excerpts after your book is published. Again, few $$ if any, but extremely valuable book promotion.
Book Club – This is a fierce and competitive market, and if your book can break into “the Club”, there can be substantial royalties. It is said you’ll need excellent contacts or an awesome agent/publisher to open the door of this exclusive Club.
Foreign rights (also called foreign language license) – As the right implies, this is your right as an author to publish and sell your book outside the US.
Reprint – This is a natural progression of your book. The norm used to be Hardback, then paperback. Rarely was the paperback printed first and then hardback upon reprint, but it did happen every now and then. With the advent of e-books, the norm seems to be e-book, then paperback upon reprint, or ebook along with Hardback, then paperback on reprint.
Performance (also called dramatic) – This is your right as the author to have your novel or manuscript adapted into dramatic performances to be enacted on radio, TV, in a movie, play, etc.
Audiobook – This right (and the electronic or ebook right) is your right as an author to produce your manuscript or book in audio (or electronic) format.
Electronic – You might see this combined in Audio rights. Some publishers call it Reproduction.
Merchandise – This right allows you, the author, to produce merchandise like T-shirts, video games, action figures, etc. based on your story or characters. This right is usually associated with film rights and will most likely be purchased by the studio/producer in a package deal along with your performance rights.

Tomorrow, I’ll pass on which rights the publishers usually keep, and which ones the publishing agents and gurus suggest that you, as the author, should keep, if at all possible.

The long road to publication

On August 23, 2013, I submitted a short story, The Passing of Millie Hudson, to a publisher suggested to me by a dear friend and author.

The story appeared once before in an anthology put out by a writers group I was in, but the antho didn’t do well. In fact, I don’t even mention it in my publishing credits because it was one of those ‘vanity publishing’ things. Instead of me paying for inclusion, I was allowed to include it because I was the ‘editor’ of the anthology. (I use the term very loosely because I really wasn’t an editor; more like a gatherer of blurbs and excerpts of unfinished novels). It was one of those morale booster things the writer’s group did so writers could see their name in print and hopefully give them incentive to keep writing. I have positive and negative thoughts on the experience, but that’s neither here nor there. The thing is, I always thought Millie Hudson needed a home. A real home where she would fit in and her story could be told the way it should have been all along.

When I found out about this particular publishing arm of the South Jersey Writer’s Group, Hypothetical Press, I sent Millie Hudson in with a hope and a prayer. Yes, it’s another Writer’s Group, but SJWG is well-known, has a huge following, and some authors you might recognize are members. It has a great reputation, and its previous anthology did very well in sales. Plus they are huge in getting the word out there about its authors. All of these were great pluses for me: reputation, word-of-mouth, awesome exposure. All things important to an author.

On December 16, 2013, four months after submission, I received my congratulations letter from Hypothetical Press. They LOVED my story. I cried. My lovely Millie Hudson found a forever home. I later found out there were close to 80 submissions for the anthology and only 13 were chosen. 1 in 7 odds. I’m happy.

There will be more info about the authors included, the titles of their stories, blog tours, etc., but for now, after a year of waiting, I’m happy to reveal:

Coming August 19, 2014

from Hypothetical Press

I can’t wait to share my story, The Passing of Millie Hudson with you. I am thrilled beyond words to see this story in its final, wonderful resting spot. Thank you Hypothetical Press (Amy and Jessica) for your passion and dedication to producing a fabulous anthology, and for your love and belief in my story.

More to come on this folks, so stay tuned!!

Re-writing a manuscript: Stick with it or let it go?

I’ve been writing my Chronicles of Fallhollow trilogy for years. Yes, I said years. I started a long time ago, mainly as a passing fancy. Then, something happened in 2003 and I knew in my heart and soul I had to finish it.

I also knew it would have to be three books; otherwise I would have one, 300,000 word novel. Big NOT. I wrote here and there, working on all three novels when the urge hit me, but came to an abrupt halt about a year later. It wasn’t working. My writing was lacking that umph. I needed help.

I began to read young adult books and fantasy books with a passion. I also began to research the publishing world. I found out that agents and publishers wanted stand alone books in trilogies or in a series, meaning they had to be complete unto themselves, even though the story continued. Back to the drawing board.

I continued to write when I could find time between taking care of a family and working full-time. I joined an online writer’s group out of the UK – YouWriteOn.com and began getting feedback. With the critiques came praises along with a few slaps in the face. The slaps in the face were the ones that woke me up to the problems, while the praises kept me motivated. I have to admit I almost gave up, especially after a critique partner told me I should let the story go to its grave. “Sometimes,” he said, “it’s better to let it go than continue trying to resurrect the damn thing.”

Let it go? Was he crazy? This was my baby…the novel closest to my heart. I’d written others. They’re gone now, lost, destroyed. This wasn’t my first attempt…but it was the first time I felt so passionate about the need to tell this story and get it published.

After I lost my job in 2010, I focused on nothing but my writing. I set myself a goal, found a few great beta readers, and off I went to finish In the Shadow of the Dragon King. Exactly one year later, almost to the date of setting my goal, I submitted my novel to a publisher. I knew it wasn’t perfect but I’d polished it the best I could. With bated breath I waited. And waited. Three weeks later I got a response. The message: it needs work, but we’d love to see you resubmit if you decide you want to make the enclosed changes.

When I opened my attached manuscript, it was bleeding. A lot. I mean, it was mortally wounded. I got a hold of one of my trusted beta partners and sobbed. When I got over the pain of being kicked in the gut, she and I went over the comments and changes. We both realized I had a goldmine in my hand. A publisher took a lot of time to go through my manuscript, page by page, line by line, and tell me what was wrong with it, what I needed to fix, and if I decided to make the changes, to resubmit.

That was eleven months ago. Life got in the way during that time, slowing down my momentum to re-write. I have a month and a half to finish my revisions and send it back by the ‘not exactly a rejection’ anniversary date. Should I stick with it or let it go? I’m definitely sticking with it.

Have you ever had a project you almost gave up on only to be glad you didn’t?

How to Handle Rejection (terrywhalin.blogspot.com)
The Biggest and Most Common Mistake in Rejected Manuscripts, Part 1 (writelikerowling.com)
From idea to finished manuscript (joycewayne.wordpress.com)
A full manuscript rejection – or a gold mine? (long series of posts based on my ‘rejection’)

“X” is for X (Ten) ways to avoid the slush pile

Ready to send out your manuscript? Here are some hints that may help you avoid the slush pile.

– If sending out a hard copy of your manuscript, don’t print it on watermelon, bacon or any other scented paper. The agent’s or publisher’s dog might eat it.

– Don’t submit your manuscript on Monday then call on Wednesday to find out when they’re going to send out the book and movie contract. Wait at least until Thursday in order for them to process your awesomeness and send it to the correct repudiation department.

– Don’t send your friends dressed up as characters from your novel to the agent’s or publisher’s door in order to act out scenes from your book. If you insist on doing something so insanely inventive, at least hire professionals. Make a grand impression. The least you can do is go down in flames to an amazing Broadway-style performance.

– Don’t send your novel about the erotic love affairs of Cat Woman to an agent or publisher who represents books on cat training, unless you want your manuscript to end up as cat litter.

– Don’t claim your novel is a blockbuster, unless of course it is, then I suggest you have Steven Spielberg deliver it in person.

– Don’t address your cover letter to Dear Agent, unless the word “Agent” is followed by 86 or 99, at which point your novel better be about a bungling spy and his pretty sidekick.

– Don’t mention how much your family and beta readers loved your book unless you include at least 5-10 page dissertations on the similarities between your manuscript and the likes of Harry Potter or Twilight. Agents and publishers have nothing better to do with their time than read about how great you are at emulating your favorite author.

– Don’t send sexy photos of yourself, unless you want to end up on the slush pile floor, but that’s a whole other post entirely.

– Don’t be cute and turn your cover letter into a pictorial scrapbook page of what your novel is about. Hieroglyphics are difficult to read.

– Don’t ignore or publicly berate an agent’s or publisher’s advice unless you enjoy being referred to in editorial circles as “the one who shall not be signed.”