Rule #6 - Sales/payment reports

Every publisher out there must submit to you a report of what you've sold per pay period.

A good publisher will send you a detailed sheet that has the book title, number sold, the price sold at and a tally of dollars at the end. They will then add all those up for your subtotal and then come the horrid deductions. These will be from the 3rd party sites (Amazon, iTunes, etc) all charge fees - basically processing fees for the use of their site to sell your product. Then the publisher will take their cut and whatever fees (ie: marketing) that you approved for them and, after all that, whatever is left over is what you get paid. 

Each and every publisher has their own method of sending these to you.

• Some will send all the 3rd party sales reports along with a page from them of summary and what fees were deducted and your payment
• Some will send a multi-page document that lists each sales site in it's own little section. It would include their own site, the 3rd party's, with the names of each book, price sold at, quantity sold and the final $$ earned on that book and a total for each site before being added up as one giant subtotal. Before, once again, the deductions begin.
• Then there is the one that will send you a Word Doc, an Excel spread sheet, or something else of this nature that they have doctored up (like the below) with the magic words that should throw up a RED-mother-fucking-FLAG on the play... "Approx Price per Book".

ie: if you get something that vaguely looks like this, run:

(click image to view at readable size)

There is no "approx" book prices. Book prices are set, always are, and that is the price you sell at. Just because your publisher doesn't want to admit what the processing fees are from each 3rd party site because they are skimming your money is no reason at all. If you see this, fucking get up in their grill and demand the detailed reports from the 3rd party's. These will show exact numbers and the exact fees for processing the orders on their sites at the end of the quarters. Now, be warned about these 3rd party reports lag - you will have to wait a while for them, so a little patience at this point is required. Especially iTunes, they are one of the THE hardest places to get a sales report out of.

But if you haven't seen anything after 20 business days, make a pest out of yourself, huge. While they may claim you are annoying them by asking repeatedly for these reports, keep doing it. The more they refuse the more you need to be suspicious. A reputable publisher will get them for you.

Just remember, they do take a bit of time. Especially from 3rd party sales sites as your publisher has to request them and then wait until the request is processed and then wait some more until they get an answer back. Anything over a month though and it's time to put the gloves back on and dive into the ring.

Last thing before we run away - do everything in writing so you can keep track of when you sent the request. This way you have a good idea how long to give your publisher to get the reports to you. Keep the letter polite but firm in tone. You still have to do business with them but they need to know that you will not be yanked around by them. Also, if you can, send the email in a way that either a) you know when they've opened the email and therefore likely read it; or b) you get a return receipt from them when they've read it. Depending on your mail service you'll have one of these options or something similar. This way, if they claim that they never got anything or never read anything you have the evidence in your inbox ready to send to your lawyer so the next request will come from him. And trust us, lawyers don't play nice when it comes to their clients being fucked around for money - especially since you'll be using some of that to pay him/her!

There you have it and we're off to cause trouble elsewhere.

The Moderator

Rule #5 - Know your rights

This is actually pretty important. Especially since you are entering into the business world and, as such, you need to know what your rights are. This would include things like what you can and cannot do in regards to your Contracts. You've read them but now you need to understand them.

Not as easy as it sounds actually, there are a lot of nifty little legal nuances that can be tricky and hard for the average person to understand. This is where your lawyer plays a huge role. As mentioned previously you need to have at least the most basic of understanding as to what you are getting into with your Contracts. But now you really need to understand them, especially since you have signed. This will include just what limitations may be placed on you as the author and what limitations the publisher has put on themselves. Things like:

• Marketing - Will your publisher do it? Will they charge you for it? What is their rate for this and do you have a say in how that money is spent? If you do your own marketing will they pay you back or is it out of pocket for you?
• Covers - Most publishers have artists on hand that do their cover art but find out if you can get your own done, if you can will you be reimbursed for this? If you are reimbursed be aware that the publisher now owns the rights to the cover for whatever time frame they determine. Find out what that time frame is before you decide whether you want to be reimbursed and lose the rights or not.
• Copyright - Not all publishers will pay the fees required to copyright your books. You may need to do this out of pocket and it gets expensive the more books you have coming out as you need to do it per book and can't do it as a group deal. Most likely if you are under contract with them for seven (7) years or more though they will copyright the work for you - but confirm this. If your work is NOT copyrighted there could be legal issues down the line, so ask.

These are just some of the finer points you need to be aware of. There will be others. Remember one thing, if you ever have a question about something write it down so you remember it. We cannot express the number of times we had a question, didn't write it down and then when we had the chance to speak with our publishers or lawyers we went blank. We knew we had a question but couldn't for the live of us remember what it was.

Also remember that while the question may seem silly to ask, it was important to you in the moment and therefore deserves an honest answer from someone. Besides, if you are just starting out, there are no silly questions in this bizarre and insane business. Questions show that you want to learn and are willing to learn about the business in order to grow yourself and your works. Never, ever, let anyone say it's a "dumb" question. It might well be to someone that's been in the business but for you it's not. You wouldn't be asking if you had the answer...right?

The Moderator

Rule #4 - Beware start-up Publishers

While every Publisher has to begin somewhere you need to know how to avoid the ones that are scams. Yes, scams. These publishers are ones that spring up and yet look great on the surface. But they are nothing but piranhas waiting for you to step into their pool and then tear you apart. These publishers have all the bells and whistles, sound amazing, have contracts and even have websites. There are a few things you should know though to be able to spot a fraud over the real deal.

Please note, these are just a few of the ways to discover if they may not be what they claim to be.

• Search their name and see if they have a business licence. The most reputable publishers out there will have one. The easiest way to tell is if they have a LLC you would most likely see attached to their legal name indicated they have a business licence. They can't put it on there if they don't have one but not all have it visible in the obvious places, so do the search to be sure.
  
• Do a web search to see if they have any legal issues. For example, are they being sued or are they behind on paying taxes or some such thing.
• Search their domain name on something like GoDaddy.com. If you can purchase their domain that means they are likely using a free version on wherever their host is. This also means they can pull up stakes damned fast if they feel the need.
• They tell you that you will need to pay for edits. This is a huge red flag, anyone that is anyone in the publishing business doesn't make their authors pay for their own edits. This is beyond low.
• They have a very generic contract that has the wrong jurisdictional information. In other words, in their contract, it shows that they are based in Florida and yet their contract would be legislated in New York. Do you smell something foul yet?
• Check with the BBB (Better Business Bureau) and see what their standing is, if they even have one.

Now, these are but a few of the instant ways to be aware you are dealing with hacks. There are many more and, really, always trust your instincts. If something doesn't feel right to you, trust that gut reaction and go with it. It's better to be wary and safe than to find out you've been fucked over by scumbags only out for a buck.

The Moderator

Contract Information

Since this post kind of hits many of our normal tags from Rules, to Insider Info and even into The Scoop, we felt we'd leave this in the "General" realm and just give it multiple tags.

The below links are from an authors website (Tymber Dalton). Please note: We are NOT promoting her as an author. We are NOT promoting her works by any of her pseudonym's. And we are NOT promoting any of her publishers.

We were pointed toward her by one of our Moderators and, after reading the posts we've supplied links for, felt the need to share them with you. She is quite knowledgeable about contracts as her husband used to practice law and has a few years experience that also allows her to know what she's talking about. Now, she is NOT a lawyer, just married to a man who used to practice law and what she has to say is sound advice but in no way admissible in a court of law. However, if you read through each of the articles we've supplied links for, you will see she has provided quite a bit of information to assist you in untangling the legal web a hokey publisher can weave.

We found the articles detailed, intriguing and with a very unique and informative spin to them. But if you happen to buy her books that's fine too, that's just not the purpose of this post or why we are supplying her links.

Pop Quiz: Contracts

A Bad Publishing Contract Deconstructed, Part 1

A Bad Publishing Contract Deconstructed, Part 2 - The Ugly Truth

A Bad Publishing Contract Deconstructed, Part 3 - The Uglier Truth

And since you may not also remember these other links that she supplied here they are again nice and clear:

The Passive Voice (Contract Counsel)

Writer Beware

Preditors & Editors

Duration of Copyright (USA) things to know and understand

There you have it. Some more information about contracts spelled out in a manner that makes sense for those of us who get the urge to fall asleep the moment we see legal documents. Hopefully this extra information will help you to avoid pitfalls that some of us have had to learn the hard way. Now, one last time, the author that supplied the deconstruct of the contract in question is NOT a lawyer. She has been in the business a while and has a husband who practised law so she is knowledgeable but not, in any way, shape or form a lawyer. If you ever have a question about a contract, ask your own lawyer.

The Moderator

Rule #3.5 - Read your contracts (addendum)

People, we told you this right from the start - so pay attention cause here is another reason just why you must always READ YOUR CONTRACTS!

If you are ever given a contract that has something termed a" Life Of Copyright" - DO NOT SIGN IT! This is seriously shady from what we discovered and is beyond the lowest form of scum sucking organisms. Hell, this is an insult to scum sucking organisms. This will screw you over so many ways of Sunday you won't know if you are coming or going. If you read this or anything similar in your contract contact your lawyer promptly and let him/her know about your find. If you do not have a lawyer you call up your publisher and tell them you will NOT be signing a contract with that "Life Of Copyright" in it. You want a set number of years written up in a fully revised contract.

If they hem and haw and basically try to blow smoke up your ass tell them thank you but you will be taking your business (ie: your book and all the potential money it will make) elsewhere. And ensure that they send you a copy of your book back. With it being mostly electronic these days you have to have a record of some sort that they "returned" your book to you in the same condition you sent it to them in.

So, quick recap. If you receive a contract from your publisher without a very set time frame that they will own the copyright of your work(s), DO NOT SIGN! Also, don't be an idiot and sign for anything over 7 years. You can always renegotiate if you want at a later date but by that point you may hate the very air your publisher breathes so don't do it in the here and now. If they insist on something over the 7 years - talk to your lawyer and make the call. But our advice would be to walk away - something be smelling hinky in here!

The Moderator

PS - Unless of course you are Stephen King or JR Ward or someone of that awesome megastar level, and have lawyers to shred idiots who try to pull shit over on you, so do whatever you want. WE LOVE YOU!

Rule #3 - Read your contracts

As mentioned previously, you need to have a basic understanding of your contracts. You may never be able to get through the entire thing without the sudden urge to pull a Rip Van Winkle, but you do have to read them.

Laws change, new laws are implemented and laws get amendments applied to them. The world of the e-book is very new, to this end laws governing them and all involved is continually evolving. Because it is literally the baby of the literary family, it's still growing and discovering itself and, to that end, we're finding out just how many laws are needed to protect such works that are available in the blink of an eye.

Your publisher, or their legal representatives, do not have to notify you when changes occur to their terms and conditions. As well, they don't need to notify you to any alterations in your contracts either. Because of that you actually have to read them. Every. Single. Time. Don't think because you've read one once that you never have to again. Sorry, but there it is, you have to read each one sent to you. It's a chore but it could potentially save you some massive troubles and headaches down the road.

If you have any questions or concerns, before you sign, talk to your lawyer. It may seem you are freaking for no reason once it's explained, that's fine. Better to be paranoid than to be locked into some legal cage that screws you over repeatedly for years and years to come. Harsh but true. There are authors out there that have found themselves stuck in a place they would rather not be because they didn't listen to their gut, didn't read their contracts or didn't question some new amendment to a contract. Do not be one of these authors. Be paranoid, question it all and don't let your guard down.

Your publisher is working for a corporation, you are a current asset to that corporation as long as you are making them money. Since you too need to be making money you need to look out for you, no one else will, this task is left solely up to you - with assistance of course from your legal representative.

The Moderator

Rule #2 - Do your homework

Yeah, it doesn't sound any more appealing as an adult than it did going to school does it? Okay, we're not counting those who are scoffing because you probably liked school and homework and extra credit assignments, so just pipe down will ya.

Seriously though, we have an important point you need to know about. As a new author you don't know publishers or their publishing houses, oh you've probably heard of them or seen their logo's on the books you purchase, but beyond that you've got no information. To that end, you need to do some homework on them or, if you prefer, investigate a bit. This can be tricky and information will be more than a little hard to discover, but if you press forward, work at it hard, you will find out ... something.

What you find out is anyone's guess and, no matter what the source, look at it with a bit of scepticism. If you get information from an author who writes there, realize that, depending on their personal experience with the publisher, they may be biased one way or the other - good or bad. Try and talk to several author's if you can and preferably from different genres but make sure you attempt to speak with at least three from your primary genre. Find any press releases involving or about the publisher and, if you can, talk to an editor or two that work there. If you can manage it, talk to the secretary too, they usually know EVERYTHING. No matter the company, they always know all the best gossip from around the water cooler.

Be aware though, what's out there for public consumption on the Net about a publisher and their publishing house is usually the "glossy" version of everything. It's the "if this was the perfect universe" model of what they envision their workplace to be. It is never the whole truth. They are trying to keep the public viewing them as solid, loyal and amazing. As any business wants their consumers to view them.

A good thing to do is check out their website, every publisher has one - or should. Look through it carefully, see what other authors are there and what they are writing (genres). Read the bio's of the authors and employees, look for obvious errors like spelling, grammar and even structure - everything should be uniform which shows consistency and attention to details. I know this sounds bad but if your publisher's site looks like a 3 year old on a sugar high designed it in 10 minutes flat, it's probably not the most professional of operations. Because, and let's be honest here, if they can't hire even a semi-professional to create a slick and easy to use website to promote their business, then they are obviously the fly by the seat of their pants sort of operation. After all, with some of the web hosts out there now, you can create one in about an hour that was easy to create and yet make it look amazing and professional.

If you do your homework and remember Rule #1, you are well on your way to getting prepared for being a published author. There is more, but that will be another night. Right now I hear dinner calling to me and that spicy little fajitas is all mine.

The Moderator

Rule #1 - Get it in writing

This is likely the most important rule you will have as an author. No matter what, before you say "yes" or "no" to anything; whether it's another author or your publisher, or anyone for that matter - get it in writing.

No matter what a publisher, or anyone else is offering you, it's best to have it in writing so you can sit down over a cup of coffee, tea or whatever your chosen drink may be, and read through it. Don't be afraid to discuss it either. You may need to fine tune it and get more information on some point that has you scratching your head, that's fine, do it!

If you do get clarification on something, again, get it in writing. Have the piece of information you originally received revised so that it's whole and not a bit of info here and a bit of info there. It all needs to be one cohesive offer that you can file away nice and neat for future reference.

It sounds pretty obvious when you hear it but you would be amazed by the number of people who just agree with something and never have it formally sent to them. This leads to misunderstandings and serious issues down the line. Best to be paranoid about your career than to let anyone and everyone just walk all over you.

The Moderator