I need advice

jo.com · #1 01-19-2002, 11:04 AM

I had written an article on Themestream that someone wanted to publish in an anthology she was publishing. This was months ago and it has come to fruition.

I just got the contract and the deal is this:

Payment for allowing my essay to be published is a free book. I receive 75% of income of sales IF it is "reprinted in magazines, newspapers, or other periodicals as well as other collected works or anthologies." These sales will be subject to the editors agreement.

Is this worth it? Should I bother. It would be neat to be published but what if it is a #1 best seller?? All I get is a book? What do you all think. thanks..

realtraveller · #2 01-19-2002, 02:06 PM

I would try to find out a bit from the publisher.

1. Have they published anthologies like this before.

2. If so, how many did they sell and what sort of grosses did they have?

3. If they have never published an anthology like this, do they have orders from booksellers? How many? What sort of profits do they expect to realize?

4. Maybe some of this information is available on the web or on writer's sites.

5. If your story is good enough to attract one publisher, you should be able to attract others. But as I understand it the short story market pays very little.

I've looked into selling stories to the Chicken Soup books. They have sold 65 million books, and audiotapes and related products based on the stories. How much do the writers get? $300.

But Chicken Soup receives hundreds of stories PER DAY. With thousands of people clamoring to have a Chicken Soup story published, they don't have to pay any more than $300.

**AuntieEmma**[$] · #3 01-19-2002, 03:19 PM

What do they mean by "sales will be subject to the editors agreement"?

jo.com · #4 01-19-2002, 05:36 PM

First, thanks for the help. Second, I can't believe that's all the Chicken Soup books pay. Maybe I should be happy with a free book. I am dealing with a woman, Jenna Glatzer who is the editor so I don't have anything to do with the publisher but they are Hunter House from CA.

I retain the copyright of the essay and am giving the publisher "full and exclusive rights to act as my agent in order to do the following:

1. Publish or grant another publisher the right to publish any subsequent edition of the entire anthology.
2. Translate it
3. Then it says what I said above "Sell the right to reprint my work in magazines...etc. Such sales will be subject to my agreement (did I write Editor's agreement??) The Publisher will retain 25% of the income of such sales and as contributer I will receive 75%.

I understand that, as payment, I will receive a free copy of the book upon publication, directly from the publisher.

So that is the gist of this contract with a bit more thrown in but that's really it. I get a book. thanks again for the help.

jankp · #5 01-20-2002, 03:55 AM

So does this mean you're not planning to try publishing your own book??

Jan

kurt_messick · #6 01-20-2002, 11:59 AM

Are you likely to sell this elsewhere?

Notice the question is not 'is it good enough to be published elsewhere', but rather, will you actually make the effort to get it published elsewhere?

If not, go for it.

Also, if I'm reading what you have posted correctly, you can still take the article and try to sell it elsewhere, and being anthologised can sometimes be of aid in that endeavour.

**AuntieEmma**[$] · #7 01-20-2002, 04:58 PM

It sounds like the editor is taking on a couple of roles -- acquiring your work for an anthology, and becoming your agent in some limited kind of way in the future. I think you need to look at both of those separately, and see if you're comfortable with each of them.

If I were in your situation, I would want to understand why she was putting together an anthology without paying the writers. There are various reasons why someone might do that, and I would want to know which applied here -- that would influence my decision about whether I wanted to be involved with the project or not.

As for the other part of the agreement -- it's not clear to me if she's really acting as an "agent," or if she's just reserving reprint rights, and if those rights would include sales you made through your own efforts, independent of the anthology. Before granting her the right to take 25% of the sales price, apparently indefinitely, I'd want to know what, if anything, she would be doing to earn that fee.

I'd probably also want to know if I had the right to review any editing changes she made on my piece for the anthology, and who gets the final word on that.

And I'd want to look at her track record in all of these roles: Has she done a good job on anthologies in the past -- are they books I'd feel proud to be associated with? In her "agent" role, has she dealt honestly and fairly with people? If this is her first project and she doesn't have a track record yet, I would look to see what other experience or personal qualities she has that might help me predict if she's going to do a good job.

In other words, I wouldn't jump into it. Just on its face, it looks like a bad deal to me -- I give her my article, and she doesn't pay me anything up front, she doesn't pay me any royalties, but she does take 25% of any reprint fees. There might be reasons I would go ahead with it anyway, but I'd want to be clear in my own mind about what those were.

jo.com · #8 01-21-2002, 08:38 AM

Hi all..thanks for the input. I haven't done anything..although on the one hand I agree with Kurt that having it in a book is "neat" but on the other hand I agree with others that I don't know a whole lot about this "book." No, Kurt, I can't say I will publish it anywhere though if I could get it together I would publish my own anthology with my own work in it. It needs tons of editing and I manage to procrastinate constantly. If nothing else it will be a terrific legacy to leave my kids!

What is bothering me right now is that I have written to her about the contract and haven't heard from her. I was away when the contract was sent and she may be away for the long weekend but if I don't here from her in a couple of days, I may not sign it. When I read that Chicken Book pieces sell for $300! I figured a book from this anthology was a good payment

adonna · #9 01-21-2002, 10:36 PM

Jo, first of all, it's great that someone wants something from that whole themestream mess. If I were in your boots, and somebody wanted one of my crochet patterns, even if all I got was a book, I'd be happy. Hey, even if someone wanted one of my poems.

But I've a terrible business sense for this sort of stuff. For the most part, when I write something, I usually figure "there's more where that came from" and barring something unforseen like death or a traumatic head injury, there usually is. So, I've done part of a book that was very popular, and earned enough for my efforts to take a few friends out for dinner. I felt all right about it, and was happy to be part of that collaborative scene. On the other hand, in one instance where I didn't know what rights I was giving away, I felt massively ripped off when I saw the stuff in anthologies years later. I think a lot of it might just go with having your eyes open, and a lot more will go with considerations like what Kurt said (he always gives good advice.)

jo.com · #10 01-24-2002, 07:42 AM

Just as an update..I took the plunge and signed the contract. You all had good points. I wasn't going to start investigating the publisher/editors' histories and if "my book" ever got put together on its own! I have enough that I don't need this piece. It will be in a book called Slayon the Dragon: Overcoming Panic and Anxiety Disorders. Thanks for all your help.

realtraveller · #11 01-24-2002, 12:48 PM

Good luck! Your name on the byline of your essay may lead to others discovering you and in turn lead to other more lucrative opportunities.