Showing posts with label Contracts. Show all posts
Showing posts with label Contracts. Show all posts

Sunday, 7 August 2022

Industry Insider Event, by Dawn Finch

The CWIG AGM is scheduled for September and this has given me cause to look at all we have done over the past year. Writing my report for what will be my last AGM for CWIG has certainly been interesting. I was asked to become CWIG Chair back in 2019 and I when I accepted I had no idea how challenging that time would be. We have come through the demanding times as authors and personally I went from being a complete technophobe about being on camera to being quite a dab hand. The last couple of years have turned us into Zoomers and if you have missed any of the incredibly useful (and fun) online events we have done you can always catch up on the SoA Vimeo channel. My personal favourite was the afternoon tea with Dame Jacqueline Wilson and you can hardly see my excitement.... well... I did my best to act professional!

Now the Pandemic conditions are (almost) past and many of us are taking up bookings for school and public events again. This is heartening as I know how much people have missed being out in the "real" world and we all know that the positive impact of author visits in schools is well documented. 

Sadly, times have changed and I have been contacted dozens of times by people who are finding that they are being cancelled at the last minute, or that they are having to cancel themselves. I have also had messages from people who have been cancelled for vague or even unethical reasons, and this raised many conversations at CWIG committee meetings and at the Society of Authors.

One of the pieces of advice we always give people is to get things in writing. I firmly believe that when it comes to bookings it is not enough to rely on a few phone calls or emails when you are committing you time and money to an event. Getting it in writing is often easier said than done and writing your own contract can feel like navigating a legal minefield. At CWIG we were thinking about how we could help to get some advice on contracts to our members and we thought the best way was to put together an online event with some of the most experienced in this field. 

On Sept 20th 2022 join us online at midday for our AGM and hear all about CWIG and find out what we've been up to and what we plan next (and discover who I'm handing over to as the next CWIG Chair for 2023) and sign up for the Industry Insider event at 1pm. This event will focus on contractual terms for authors visiting schools - essential knowledge and guidance for anyone booking their own visits and events.

The panel will be discussing how authors can protect themselves and what terms authors should agree with schools to ensure the visit is a success? The panel will be made up of Sarah Burton (Society of Authors' Head of Advisory Team and Senior Contract Advisor,) and top children's authors Jo Clarke, Karen Inglis, Ross Montgomery, Nicola Morgan.

This promises to be a fascinating and practical event not to be missed, and I'd love the share my last AGM with you!

See you there

Dawn Finch (aka Dawn McLachlan) is a children's author and library activist and the current Chair of the Children's Writers and Illustrators Group (CWIG) at the Society of Authors

Links - Industry Insider - contractual terms for authors visiting schools

            CWIG AGM

            @dawnafinch

            www.dawnmclachlan.com



Thursday, 7 April 2022

Show me the paperwork! by Dawn McLachlan (aka Dawn Finch)


At the start of the Pandemic, I was the new chair of the Children’s Writers and Illustrators Group committee (CWIG) and much of my first few months in the role was spent trying to reassure children’s writers that one day things would be back to normal. The Society of Authors did its best to support members through medical and financial crises as work vanished and things looked increasingly bleak.

Two years on and we are finally starting to see things take a turn for the better. Despite many challenges in the world of publishing sales have risen over the last two years and this has meant authors are again seeing contracts. Schools are largely open again and are booking school visits. In fact, there has been an interesting new trend in schools booking and paying for digital and online visits and this has meant great accessibility and improved diversity and inclusion as well as more potential online opportunities.

However, it is my job to act as the creaking gate in the wind and to grumble about things that concern me. My current worries centre around the increasing number of cancellations I’m hearing about. Cancellations happen, and in this fragile Living With Covid world they are happening with monotonous regularity. Obviously, this is often not the fault of those making the original event booking, but it is also not the fault of the booked author – yet it is the author who is out of pocket.

As you know from my constant posts about matters like this – I’ll say it loud again – EXPECTING TO BE PAID AND TREATED FAIRLY IS NOT BEING GREEDY.

There, I said it. Anyone accepting a booking will find themselves out of pocket with the planning and the travelling and therefore you need protect yourself. You should expect to be paid.

I used to do events that were booked just by a casual email, but failure to reply and confusion over dates meant that I started issuing contracts for each booking. At first, I was worried people would think I was being too formal or that my expectations were too high, but what I actually found was that when I began treating myself like a professional, others treated me like one too. Schools and other organisations booking me did not balk at things like contracts and deposits because they were doing exactly that with every consultant or inset trainer. Some raised a virtual eyebrow at it, but still signed. One or two schools did not sign, and I did not accept the booking. All but one of these schools later returned to me and made official bookings.

Your booking paperwork or contract should always cover cancellation clauses.

The Society of Authors has a very useful booklet covering all aspects of school bookings and on the subject of cancellation clauses in contracts they are very clear.

They suggest that cancellation fees and timings must be made clear and if the booking is conditional then this must be clarified at the outset. They suggest wording along the lines of:

- The author must be paid in full if the event is cancelled within six weeks of the event date;

- The author must be paid 50% if the event is cancelled earlier;

- Any out of pocket expenses already incurred must be reimbursed whenever the event is

cancelled.

Of course you too should have a cancellation clause covering your need to cancel. If you need to cancel for any reason (other than reasons beyond your control such as transport cancellations or pandemic restrictions) the Society would recommend that neither fee nor expenses will be charged and that the organiser will be reimbursed for any pre-paid expenses. If you cannot reach the school due to, say the sudden cancellation of train services or closure of the school due to snow, the Society suggest that you do not charge a fee for the missed session, a new date is mutually agreed and that you are reimbursed for any prebooked expenses.

The Society of Authors has a basic sample contract that you can amend to suit your needs and it is best used in conjunction with the full leaflet about school visits and you can find links to both of these documents at the foot of this article.

Sadly, it is likely that cancellations will remain a concern for us, and therefore protecting yourself and your pocket is important. To my mind a booking contract with a solid set of cancellation clauses is also another form of protection as it is a form of protection against bigotry.

It is awful to have to raise the subject of cancellations for less legitimate reasons but recent cancellations of school visits for authors Simon James Green and Savita Kalhan have given serious cause for concern. If you are a member of the Society of Authors and have been cancelled for reasons that concern you, it is well worth getting in touch.

Get your contracts written, get them signed, and then relax and enjoy the visit and do what you do best – bring joy to your readers!

 Dawn McLachlan (aka Dawn Finch) is the current chair of the Children’s Writers and Illustrators Group at the Society of Authors.

For a Guide for Authors Visiting Schools by the Society of Authors - click here

For sample T&C's for Events in Schools by the Society of Authors - click here

For details of further help and support offered by the Society of Authors - click here

Saturday, 12 October 2013

The perils and pitfalls of getting published by Ann Evans



You’re never too old to get duped. After more than 30 years in the writing business,- and 17 books published I thought I’d spot a vanity publisher miles off. But what I shock I’ve had this year after discovering the American publishing company who were interested in my crime novel were a vanity publisher after all.

I can’t say their name but I've since found them mentioned on a website called ‘Writer Beware’ and only wish I’d looked there before signing the contract. It would have saved me a year of wasted time and effort – because if I knew then what I know now, I would have ditched them long ago and kept up my search for a reputable publisher.

Ho hum! You live and learn. Fortunately I’ve got out of the contract and I thought I’d try and turn a horrible experience into something positive by making a list of things to watch out for when dealing with an unknown publisher.

Here are my thoughts – forgive me if it smacks of teaching your granny to suck eggs, so if you don’t want to wade through all my points, the main thing I would mention is not simply to read your contract thoroughly for what’s in it but also search to see what ISN’T in it.

So how do you know if you are being conned? Few, if any of these vanity publishers advertise themselves as such. So you might be able to pick them out because they actually claim not to be a vanity or subsidy publisher. They might even offer you a small advance, which mine did, although it never materialised.

To be fair, some ‘author assisted’ or 'subsidy publishers' are up-front about the fact that they expect you to pay towards the publishing of your book. Some however are devious and avoid telling you that until you're pretty much ensnared. Additionally, there are some fake 'publishers' who are total frauds and exist only to extract money from hopeful writers.

If you do get as far as reading a standard contract, look to see if it contains a clause that prohibits its authors from complaining about its staff, services and products – ever. Then ask yourself why they would put such a clause in.



Look in the contract at what the publisher promises to do. However, it’s all very well them listing what royalties you’ll get on trade copies, translation rights, book clubs etc., this all looks very convincing and wonderful; but be sure they will actually be printing your book and these places will have the opportunity to buy.

Be aware that the contract may well deliberately miss off important points, so no matter how you scrutinise a contract, you won’t be able to scrutinise anything that isn’t written there. So as well as looking to see what they are offering, have your own check-list of pointers that you want agreement on.

So, how do you know that a publisher is legitimate? First off, check out the Writers and Artists Yearbook? If they aren’t in, it certainly doesn’t mean they aren’t legit by any means. It just means you need to delve a bit deeper.

So, look at their website, Check that they are at the address they say they are. By simply putting the address into Google, it should throw up who is residing there. And it might surprise you to find it’s just a post box or a postal annex as the Americans call them.

Look at their backlist of published books. Find them on book store websites such as Amazon, Waterston’s, and WH Smith. Scroll down to the details of these books, and check if the book was actually published by that publisher and not someone different or self published.

Do they have a catalogue of forthcoming books that you can view? Does it look convincing?

Google the publisher's authors and see if they are genuine people. You could even email one or two to ask if working with that publisher was a good experience.


Google the name of the publisher and see what comes up, don’t just look at the first page of results, but delve deeper to see if people have blogged about they experiences with them. Check website such as Writer Beware. (www.victoriastrauss.com/writer-beware)


If all you find is good comments and lots of info on the publisher, that’s a good sign. If you can’t find anything on them, that’s a bad sign.


Before agreeing to sign any contract, ask them if you will be expected to pay anything towards the publication of this book. Be sure to keep their reply. Should they ask you for money later on for anything you will have this correspondence as evidence. And if it turns out they are in breach of contract it will be easier for you to terminate the contract.

If you haven’t already found out through your research, ask which bookshops they distribute to. Try and find out which distributors they use, then go to that distributor’s website and see if there’s a facility to search on it for the publisher’s name.

If you go ahead and agree to be published with them, read the contract through thoroughly whether it’s your first contract or your twenty-first. Be sure you understand and are happy with every single clause.

Read carefully what you are agreeing to. The contract might say you are responsible for your own publicity and marketing. Fine unless they omit to mention the fact that they want you to buy a minimum number of your own books to send out, at a cost that reaches thousands of pounds.

In my case it was suggested I buy 100 or 300 - but I'd get a better discount if I ordered 1,000! At only approx $22 dollars per book what's the problem??

This folks, is where I realised I'd been duped! All the other points listed above are things I did afterwards and realised just how badly I'd been fooled.






Sunday, 4 August 2013

How to negotiate your publishing contract - David Thorpe

You've got an agreement from your publisher to publish your book. Hurray! Congratulations!


At some point afterwards they will be sending you a contract to sign. You might be overjoyed to receive it but you must still remember to check especially the terms of the advance and royalties before signing.

If the terms are not as pleasing as you would like, and you don't have an agent to negotiate on your behalf, you mustn't be afraid to be assertive, stand up for yourself and say what you would like it to contain.

(Often, nowadays, terms are so keen that what you might gain an advantage and financial return by having an agent to negotiate for you, you might lose because they will take their 15%.)

The publisher can only say no to your requests. At this point, having said yes, they are not going to refuse to publish the book, nor should you worry about getting a reputation for being difficult.

In these negotiations the publisher obviously wants to get the best deal for themselves, and so do you.

Therefore they will almost always start by offering terms that are more favourable to them than they are to you. They actually expect you to come back and disagree about something.

The point of the negotiations is to reach a position that agrees is reasonable.

These days, a frequent point of contention is often the level of royalties considered to be reasonable for electronic versions of your book.

Without mentioning any names, I'm going to let you in on what happened in negotiations with a contract I signed this week.

This is my fifth book for the same publisher, and I know they were particularly pleased with this proposal.

However, I also recognise that times are hard for publishers and over the years my advances have more than halved, accounting for inflation.

In return I have managed to secure from them a rising scale of royalties depending on sales numbers.

But this time around they began by offering an even lower advance. When I pointed out (as I always do) that I make all of my money from writing, and without a higher lump sum upfront I could not write the book without starving, they agreed to give me the same amount of advance as before, this time all of it upfront, with a further amount upon publication.

In return, I waived royalties on the first two years' sales, representing, in their eyes, two print runs.

I also secured some other concessions from them. So far so good.

Then I noticed that in the contract was a zero percentage for royalties on all electronic versions, forever.

I sent a note saying that I found this disturbing, particularly since on average these days half of sales are for electronic versions, and this proportion is rising.

In the end they suggested a percentage I was happy with and I signed the contract.

Perhaps I could have got up a higher percentage. Some people, like the Society of Authors, argue that royalties on e-books should be 50%, since costs for publishers are lower.

I'm not so sure, since in my experience correspondingly more needs to be spent on marketing of e-books in order for them to secure attention in an increasingly competitive market.

The moral of this story is: don't be afraid to ask for what you think is rightfully yours.

If you need support, and you're a member of the Society of Authors, you can obtain legal advice from them for free, without the need for an agent.