The Hollywood LitMingle Gets Legal

SCBWI member, Bonnie Berry LaMon, author and entertainment lawyer, sheds some light on an area most writers shy away from...the legal aspect of publishing.
The Topic:
"EVERY THING YOU NEED TO KNOW ABOUT GETTING PUBLISHED, WHETHER OR NOT YOU HAVE AN AGENT." 
It was so useful. Thank you, Bonnie!

Bonnie's main point: be careful what you sign. Do not sign away your rights without knowing what you are doing. If you need a lawyer to interpret a contract, consult one. Your agent should not object. Bonnie provides a special service to writers and consultants on contracts.

It's wonderful if you have found representation with an agent, Congrats! But do your homework. Do not rely on an agent for the same knowledge as a lawyer. Though agents are helpful in brokering deals, they do not necessarily have the training to school you in the fine points of your contract.

Here are a few terms:

1) "STANDARD" -- is used to make you believe that a term can not be changed, but in fact it can be modified, negotiated or deleted.

2)  GRANT OF RIGHTS -- the list of rights that the author conveys to the publisher. Rights may be exclusive, non-exclusive, perpetual or for a designated period of time.

3) TERM -- the period of time that the writer gives the publisher for exclusive rights to the material. The maximum time period is the full length of copyright, which in the U.S. is the life of the author plus seventy years. After that, literary works go into the "public domain" and are the property of all, unless the estate of author extends the copyright and exerts ownership that way. (This may be an issue if you are wish to write a biography.)

4) TERRITORY -- the contract will specify which territories the book will be sold in. "Worldwide rights" means the publisher will control all territories and markets in the world. Typical contracts limit the territories to the U.S. and Canada. If the publisher does not specify any territory other than the U.S. and Canada, then an agent or author is free to make a separate deal with another publisher for another country, territory or language.

5) FORMAT -- can be print or ebooks, hardback or paperback. "Primary book publishing rights" is commonly defined as hardcover, trade paperback, mass market and direct mail, though electronic and audio books may be included. Often eBooks and audio rights are granted as subsidiary rights. The area of eBooks is in flux right now and needs special attention; make sure you are fairly compensated in the event of eBook publication.

6) SUBSIDIARY RIGHTS -- any rights in addition to the print and/or eBook publication: 
Foreign Rights Translation, Periodical Rights, Book Club, Electronic Audio and other New Media; Stage, Motion Picture, Video and Animation; TV, merchandising and commercial tie-ins. These can be licensed by your publisher to another party; proceeds are usually split with the author.

7) RESERVATION OF RIGHTS -- a provision that says all rights not expressly granted are reserved to the author. The language is useful for avoiding ambiguity in a contract, especially as new technologies emerge.

8) FILM AND VIDEO OPTIONS -- Important terms: option price, option period, any extended option period, approval rights of screenplay, credit, purchase price and back-end participation. There isn't space to define them all here. If your book is being optioned for film, I would definitely consult a lawyer! 

9) MULTI-MEDIA LICENSES -- ei. video games, websites, apps, hyperlinks. Video companies bear cost of developing the game, licensing the characters from the author and paying royalties. This is why it is important for authors to retain ownership of the rights of trademark. You have the right to the characters you create, unless you sign them away. So, be careful!

10) MERCHANDISING AGREEMENT -- important provisions include term, scope of license, sell-off periods, approvals and limitation on product, advances and royalty rates.
  
SOURCES FOR FURTHER INFORMATION:
1) The Author's Guild, Inc. "Model Trade Book Contract and Guide"
2) Tad Crawford's Business and Legal Forms for Authors and Self-Publishers
3) Entertainment Industry Contracts, Book Publishing, Vol. 1
4) Ivan Hoffman's "Children's Book Publishing: Some Issues" (www,ivanhoffman,com)
5) Mark Levine's Negotiating a Book Contract: A Guide For Authors, Agents and Lawyers.
6) SCBWI Sample Children's Book Contract (scbwi.org/rescources/documents/10-sampleChildrensBookContract)
7) Harold Underdown's "Contracts from Children's Book Publishers:What to Expect"

The Hollywood Schmooze Wraps Up 2012

The Hollywood Schmooze is off for November and December, so our last meeting for 2012 was in October. Rene produced the original list of goals we’d made earlier in the year. For some, it was way back in January . . . the embarrassing moment (at least for me) came when we said how far we’d gotten in accomplishing our goal.

One thing I am learning is to set more realistic goals for myself – I never knew how long writing a novel would take and what an involved process revising is. But it is important not to rush.

Some people had surprises – I asked if it would be okay to report on specific members achievements. And they said, “yes!”

Rhonda Hayter reported that her historical fiction novel is being shopped around by her agent, after her success with The Witchy Worries of Abbie Adams (Dial.) And she now has a new writing assignment – content for an ipad App FAFARIA. She provides 500 word stories and enjoys the puzzle aspect of fitting the words into the structural requirements set by the editors. It pays too, which is good!

Avi de Turenne reported that he is researching a new novel and needs to meet with other writers in order to connect and share and not feel alone, which is critical for keeping his spirits up. He is sending out one query letter a week for his completed manuscript. Go Avi!

Jane Rosenberg, who published several well received books of Ballet and Opera Stories for children (Thames & Hudson) in the 90’s has written a novel that teaches about music and is exploring possible audiences for it. One suggestion was the homeschooling network, micro learning academies and CAVA, the California Virtual Academy.

Richard Manning had finished the first draft of his middle grade novel and is researching agents.

Cheryl Manning shared an adorable illustration and her four picture book manuscripts that she is readying for submission.

Many of the other participants shared as well, but that is all we have time for now.

Keep up the good work everyone! Get out there and network and increase your web presence. One thing I noticed, fact checking for this post was that it is a lot easier to find out about a writer if they have current web listings.

Oh, and guess who is the new co-coordinator of the Hollywood Schmooze to work with Rene? Yours truly, Deborah Fletcher Blum. Melanie had to step down due to her busy schedule. Thank you Melanie for starting this Schmooze.

As for me, I am working on the final (ha!) draft of my middle grade novel to ready it for submission and researching the life of Carl Laemmle (my cousin three times removed who founded Universal Studios) for a biography.

I look forward to working with the wonderful Rene Rawls and having a great 2013 with SCBWI and all the Schmoozes, especially the very special Hollywood Schmooze.
Happy Holidays – Hanukah! Christmas! Kwanza! New Years! Etc!

Antelope Valley Schmooze: Past, Present, and Future

Hi, Everyone!

This is Rita, SCBWI-LA's new Schmooze Schmizard. On Wednesday, Oct. 12th, I had the pleasure of attending the Antelope Valley Writers Schmooze for the first time. This group has been meeting in a Barnes and Noble in Palmdale on the second Wednesday of every month (except December) for many years, led by the remarkable Marilyn Dalrymple.

What a wonderful group! Of the 13 of us in attendance that night, a couple were first-timers like myself. Others were regulars who not only knew each other's work and had attended each other's signings, but also attended other writing-related events together. The meeting took place around a table near the in-store cafe, so some people brought over their own beverages.

I had long been fascinated by the Antelope Valley Schmooze--ever since Lee Wind and I found out they had self-published an anthology of their own writings, It's Tough Growing Up: Children's Stories of Courage. Westside Schmooze regulars will remember that we invited Marilyn and the book's co-editor, Joan Foor, to come speak to our group in Santa Monica a year and a half ago, along with other experts in self-publishing, in a panel discussion "Westside Writers Schmooze Talks Self-Publishing: The Good, The Bad, and The Reality." That was just after the anthology had first come out, and it is now going into its 2nd Edition. In fact, during the Antelope Valley Schmooze that I attended, Marilyn passed around illustrations by John Macfarlane that will accompany the updated version. (I asked, and some of the anthology's story contributors were present this night.)


Cover of the 1st edition. Click to visit Web site.

What Schmooze could be so tight-knit and self-motivated, I had always wondered, that they could produce and self-publish their own anthology?

Well, not surprisingly, the Antelope Valley Schmooze is an extremely friendly and experienced group of writers, many of whom have published both traditionally and on their own. On this night, Marilyn kicked things off by sharing some factoids she found while preparing for a talk she'll be giving on self publishing soon. From there, we went around the table sharing about ourselves and our writing processes. Felix Mayerhofer passed around his novel, Diary of a Young Musician: Final Days of the Big Band Era, and the audio CD on which his many picture books have just been collected, while Ed Mooney shared insights into the progress of his book, The Pearls of the Stone Man, being made into a movie.


Novels by some of the Antelope Valley Schmooze's attendees. Click on the book covers to visit the authors' Web sites.

At one point, a question came up about How to Find an Agent, and I mentioned Literary Rambles, an online resource provided by Casey McCormick, as an invaluable place to start. There, she compiles all the online research you could possibly find yourself on children's book agents, organized by name, agency, and age range (Picture Book, Middle Grade, YA, etc.); spotlights authors; provides writing tips; conducts interviews; and more.

My visit to the Antelope Valley Schmooze actually had two purposes: One was to get to know the Schmooze I had been so curious about. The second was that Marilyn--after having led this group for the past 8 to 10 years--has recently decided to let someone else take the lead, and I wanted to come help make a passionate plea: don't let such a wonderful group cease to exist!

Coordinating the Antelope Valley Schmooze would mean continuing to reserve the table at Barnes and Noble and taking over Marilyn's email list, as well as choosing new discussion topics and/or making any other changes you feel inspired to (if any). If interested, please contact Marilyn <marilyn160@verizon.net> and me <rhcrayon@gmail.com>.

Because this Schmooze does not meet in December (due to the bookstore's holiday schedule), November's meeting will officially be Marilyn's last. Don't miss this special night:

Wednesday, Nov. 9th, from 7 to 8 PM.

Barnes and Noble Booksellers
39228 10th Street West
Palmdale, CA 93551

Topic: How can SCBWI help you become a writer? A Very Special Round Table Discussion

Come show your appreciation for Marilyn's many years of generosity and leadership!

Cheers,
Rita

Rita Crayon Huang
SCBWI-LA Schmooze Schmizard

P.S. For more insight into this Schmooze's history, check out this great article. I met many of the people mentioned in the article when I attended.

Westside Writers Schmooze Talks Self-Publishing: The Good, The Bad, and The Reality

Hi Everyone! We had a rollicking schmooze in February, when over 40 of us gathered to talk about the range of self-publishing and how the industry is changing. We hosted 4 self-published authors who shared their stories with us:

Marilyn Dalrymple and Joan Foor, who compiled and edited short stories from members of their schmooze and published the resulting anthology through tate publishing:

It’s Tough Growing Up: Children’s Stories Of Courage

Author Eric Drachman, who started his own publishing company, Kidwick Books, and has published 5 of his own picturebooks, which to date have sold hundreds of thousands of copies. Here are 3 of his titles:







(You can check out both visual and AUDIO samples of each of Eric's books--Bad Rats, A Frog Thing, Ellison the Elephant, It's Me!, and Leo the Lightning Bug--by clicking here)


Author James Otis Thach, who has had two books published through traditional publishers and is self-publishing his third through his own newly launched publishing company, an over 100 page full color illustrated chapter book in verse, “The Seal Pup”:




We also had a few members of the schmooze chime in and share their own self-publishing journeys:

Patricia Olson shared the story of self-publishing her picturebook, “Frumpy The Pumpkin Who Missed Halloween”




Also at the schmooze was Sue Schmitt, who wrote and self-published “Even Superheroes Get Diabetes,” and is about to roll out “The Princess and the Peanut” for kids with peanut allergies. Sue shared with us her experience and successes with these more “niche” picture books.




And here are some more links, books, and resources mentioned during this night's discussion:


A reference book both Eric Drachman and James Otis Thach cited as helpful:
"The Self-Publishing Manual" by Dan Poynter:



(Plenty of free information as well as a free information kit are available at Dan's Web site. And yes, the guide is self-published!)


There's also the Independent Book Publishers Association Web site,



a resource which can provide guidance and help one sift through the potential vendors (printers, designers, etc.) out there.

Regarding the IBPA, Eric adds:

"Their "IBPA Publishing University" is coming up in May in New York City. For someone who really wants to get in the publishing game, I'd recommend checking out Book Expo America and attending IBPA Publishing University. Of course, that's quite a commitment..."

Technology is taking self-publishing in some fascinating directions, including these:

Lulu's Brew,



a picture book that author/illustrator Elizabeth Dulemba has chosen to put out as an iPhone application for $1.99


The Zen of Blogging,



a new e-book sold as a downloadable pdf file put out by Lee just this past January.


And the Espresso Book Machine, a sort of self-service book vending machine that can produce a library-quality book within minutes. Check out this video to see it in action!


As a followup to the discussion, Eric Drachman also provided us with the following links:

An interview with Terry Nathan, Executive Director of the Independent Book Publishers Association (IBPA), on WNZF's program "Cover to Cover", about the work his organization does and the changing state of independent publishing today. (Click to about one-fourth of the way through the program for the interview with Mr. Nathan.)

An update from Publisher's Weekly on a new partnership between Author Solutions--one of the nation's largest self-publishing operations (whose subsidiaries include iUniverse, Xlibris, and Trafford)--and print and digital wholesaler Baker & Taylor.


Throughout the evening, our many experts fielded questions and shared their experiences on the varying marketing gambles and decisions they have made, the ways in which those have paid off, their experiences working with and hiring their own editors, illustrators, and designers as well as working with those provided through some of their self-publisher services, and much more.

When 9PM came around, hands were still waving in the air with more comments, questions, and insights, and it was clear huge areas of this topic had only just been touched on. Everyone agreed that the night had been eye-opening, and that we could have talked about this subject for another five hours--or that a Schmooze could even meet once a month just to talk about this!

OUR Schmooze, alas, is not able to do that, because our next two topics--on March 10 and April 14--are two of the most popular nights every year for the Westside Writers Schmooze: Picture Book Manuscript Critique Night, and Middle Grade/YA Manuscript Critique Night!

That's Picture Book Manuscript Critique Night on March 10, 2010

and Middle Grade and Young Adult Manuscript Critique Night on April 14, 2010!

The "rules" for both are the same. You are invited to bring six (6) copies of up to four (4) typed, double-spaced pages (or, alternately, a recommended 1,000-word limit) max of your Picture Book manuscript on March 10th, and/or of your Middle Grade or Young Adult manuscript on April 14.

Manuscripts are NOT required to attend. Critiquing and hearing others critique are some of the best way to learn how stories come together; the more the merrier!

For both of these critique night Schmoozes, we request that you please RSVP to westsideschmooze@hotmail.com and mention whether you will be bringing a manuscript or not!

Many thanks, and cheers,

Rita and Lee