A long time ago, maybe six summers ago, I wrote a story whilst walking on the Devon or Cornwall coast.
When I say 'wrote a story', I, of course, mean that my mind wandered as I trod the narrow cliff path, a narrative slowly taking shape in my mind. I can't help it; I can't stop it. That, to me, is writing. All the rest is writing down: the slightly tedious heavy lifting, which rarely proves - but occasionally, wonderfully does - to leave a tale behind as elegant as you imagined.
In the case of that story the writing down didn't take place for some months, perhaps a year or so. There are so many stories that I've written that are waiting to be written down. Form an orderly queue, please...
That particular story became 'Litter Picking on the Moon', just shy of 4000 words, and it may be instructive for me to relate what happened to it after that.
I'll skip the fifteen rejections the story received, and dwell on its two successes. The first was when I submitted it to PunkWritePoems Press for their anthology "Don't Open 'til Doomsday". I submitted the story on 5 November 2015, and it was accepted on 6 February 2016. Amazon shows the book as having been published on 27 June 2016. I was paid on 18 July 2016, without any chasing, and a copy arrived around the same time and sits on my bookshelf.
All in all, a pleasure doing business with PunksWritePoems and Jason Bates, Founding Editor. I tried to see what he's doing now on the interweb, without success, but did stumble across an interview with him from 2016, which included this nugget: "I work in aerospace quality management. It is the opposite of the creativity of writing and publishing. Everything is controlled by specifications and regulations." No, I think you carry that business-like approach into your creative ventures, Jason.
Contrast this experience with my sale of "Litter Picking" as a reprint with Indie Authors Press for their anthology, The Chronos Chronicles. It was submitted on 29 September 2016, and accepted 17 October 2016. I responded the next day, confirming my PayPal address and querying the lack of a contributor (hard) copy of the anthology. Jason was happy to post my copy of Don't Open 'til Doomsday from the US; Indie Authors are fellow Brits.
26 October 2016, I chase for a contract, receive a holding reply, and chase again March 2017, when it comes through (there's a family illness involved somewhere, so I'm mellow about the delay). I turn it around in a couple of days, but do put this is in the covering email:
...I just wanted to raise an eyebrow at the length and complexity of the contract, in particular your taking 50% of future sales of the work - of a reprint, at that, for which you are paying $10 and not even providing authors with a print copy of the anthology. Seems a bit lopsided to me. When this story was sold the first time around the legalese was covered in the following seventeen words: "We are seeking first print rights. Compensation is one contributor copy and $15. No contract to sign." Didn't see any reason to make it more complicated than that.
That's right: Jason Bates was happy to have our contractual relationship covered in seventeen words. As was I. But Indie Authors Press stipulated a contract of over a thousand words. If you want to have a look at it, its here. As you'll see, it contains some cracking legalese, but possibly it's most smoke and mirrors - or, perhaps, wolf in sheep's clothing - section is the one on subsidiary rights:
The further and additional rights referred to in this agreement are hereby defined to include the subsidiary rights enumerated below, net proceeds to be shared by the Author(s) and the Publisher equally (50/50), less only such direct expenses, including agent’s commissions, as shall be incurred by the Publisher in disposing of such rights:
Yes, you've read that correctly. Not only have I got a publisher, I've got an agent who can market and monetize my story, take fifty percent, and agree to sales that I may not wish to make otherwise. Given that this was just a short story, unlikely to be resold without my efforts, I was happy for it to go over the barricades a second time and wave a flag for my novel, 2084. But if it had been a novel, no way I would have been signing up for those terms...
The Chronos Chronicles eventually stumbled off the presses on 8 May 2018, over eighteen months after submission, with the publisher sending hysterical requests such as:
PLEASE share the links to where people can buy the book. Not just ONCE, ALL THE TIME, ALL OVER SOCIAL MEDIA! (Their emphasis)
But, as in any morality tale, there's a twist. Payment terms as set out in their contact was three months after publication. I've chased for payment this month - and was asked to confirm my PayPal address, first confirmed back in 2016. Curiously enough, no payment has been made at the time of writing - which luckily constitutes a breach of contract that, in turn, under their clause XI.B, terminates the contract. So, that's all that tosh about subsidiary rights kicked into the long grass. If you can't play to your own rules...
It also absolves me, as author, of the responsibility to "self-promote the Work to the best of his/her ability". Therefore, my sincere advice is, if you want to read 'Litter Picking on the Moon', follow the links to Jason Bates' "Don't Open 'til Doomsday" and support both common sense and publishers who wish to work with authors on a level playing field. 'Nuff said.
When I say 'wrote a story', I, of course, mean that my mind wandered as I trod the narrow cliff path, a narrative slowly taking shape in my mind. I can't help it; I can't stop it. That, to me, is writing. All the rest is writing down: the slightly tedious heavy lifting, which rarely proves - but occasionally, wonderfully does - to leave a tale behind as elegant as you imagined.
In the case of that story the writing down didn't take place for some months, perhaps a year or so. There are so many stories that I've written that are waiting to be written down. Form an orderly queue, please...
That particular story became 'Litter Picking on the Moon', just shy of 4000 words, and it may be instructive for me to relate what happened to it after that.
I'll skip the fifteen rejections the story received, and dwell on its two successes. The first was when I submitted it to PunkWritePoems Press for their anthology "Don't Open 'til Doomsday". I submitted the story on 5 November 2015, and it was accepted on 6 February 2016. Amazon shows the book as having been published on 27 June 2016. I was paid on 18 July 2016, without any chasing, and a copy arrived around the same time and sits on my bookshelf.
All in all, a pleasure doing business with PunksWritePoems and Jason Bates, Founding Editor. I tried to see what he's doing now on the interweb, without success, but did stumble across an interview with him from 2016, which included this nugget: "I work in aerospace quality management. It is the opposite of the creativity of writing and publishing. Everything is controlled by specifications and regulations." No, I think you carry that business-like approach into your creative ventures, Jason.
Contrast this experience with my sale of "Litter Picking" as a reprint with Indie Authors Press for their anthology, The Chronos Chronicles. It was submitted on 29 September 2016, and accepted 17 October 2016. I responded the next day, confirming my PayPal address and querying the lack of a contributor (hard) copy of the anthology. Jason was happy to post my copy of Don't Open 'til Doomsday from the US; Indie Authors are fellow Brits.
26 October 2016, I chase for a contract, receive a holding reply, and chase again March 2017, when it comes through (there's a family illness involved somewhere, so I'm mellow about the delay). I turn it around in a couple of days, but do put this is in the covering email:
...I just wanted to raise an eyebrow at the length and complexity of the contract, in particular your taking 50% of future sales of the work - of a reprint, at that, for which you are paying $10 and not even providing authors with a print copy of the anthology. Seems a bit lopsided to me. When this story was sold the first time around the legalese was covered in the following seventeen words: "We are seeking first print rights. Compensation is one contributor copy and $15. No contract to sign." Didn't see any reason to make it more complicated than that.
That's right: Jason Bates was happy to have our contractual relationship covered in seventeen words. As was I. But Indie Authors Press stipulated a contract of over a thousand words. If you want to have a look at it, its here. As you'll see, it contains some cracking legalese, but possibly it's most smoke and mirrors - or, perhaps, wolf in sheep's clothing - section is the one on subsidiary rights:
The further and additional rights referred to in this agreement are hereby defined to include the subsidiary rights enumerated below, net proceeds to be shared by the Author(s) and the Publisher equally (50/50), less only such direct expenses, including agent’s commissions, as shall be incurred by the Publisher in disposing of such rights:
- Abridgment, condensation, or digest
- Anthology or quotation
- Book clubs or similar organizations
- Reprint
- Special editions
- Second serial and syndication (including reproduction in compilations, magazines, newspapers, or books)
All
revenue derived from
the sale of
rights not specifically
enumerated,
whether now in
existence or hereinafter
coming into existence,
shall be shared
equally by the Author(s)
and the
Publisher.
All
such rights shall
be disposed of
by the sale,
lease, license, or otherwise
by the Publisher
who for that
purpose is constituted
the agent of
the Author(s).
The Author(s) agrees
to sign, make,
execute, deliver
and acknowledge all
such papers, documents
and agreements as may
be necessary to effectuate
the grants herein
above contemplated. In
the event that the
Author(s) shall
fail to do so, they
may be signed,
executed, delivered and
acknowledged by the
Publisher as the
agent of the Author(s) with the
same full force
and effect as
if signed by the
Author(s). All
sums due under
this Agreement
shall be paid
to the Author(s) [by the
Publisher] who shall
act with the
authority of the
Author(s) in
all matters arising out
of this agreement.
Yes, you've read that correctly. Not only have I got a publisher, I've got an agent who can market and monetize my story, take fifty percent, and agree to sales that I may not wish to make otherwise. Given that this was just a short story, unlikely to be resold without my efforts, I was happy for it to go over the barricades a second time and wave a flag for my novel, 2084. But if it had been a novel, no way I would have been signing up for those terms...
The Chronos Chronicles eventually stumbled off the presses on 8 May 2018, over eighteen months after submission, with the publisher sending hysterical requests such as:
PLEASE share the links to where people can buy the book. Not just ONCE, ALL THE TIME, ALL OVER SOCIAL MEDIA! (Their emphasis)
But, as in any morality tale, there's a twist. Payment terms as set out in their contact was three months after publication. I've chased for payment this month - and was asked to confirm my PayPal address, first confirmed back in 2016. Curiously enough, no payment has been made at the time of writing - which luckily constitutes a breach of contract that, in turn, under their clause XI.B, terminates the contract. So, that's all that tosh about subsidiary rights kicked into the long grass. If you can't play to your own rules...
It also absolves me, as author, of the responsibility to "self-promote the Work to the best of his/her ability". Therefore, my sincere advice is, if you want to read 'Litter Picking on the Moon', follow the links to Jason Bates' "Don't Open 'til Doomsday" and support both common sense and publishers who wish to work with authors on a level playing field. 'Nuff said.
