The Violet Femmes

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by Tina Gabrielle on February 2, 2015 • Permalink

Posted in Contracts, Writing Career

Tagged A Perfect Scandal, A Spy Unmasked, contract negotiation, contracts, In The Barrister's Bed, In The Barrister's Chambers, Lady of Scandal, publishing contract, Tina Gabrielle, writing career

Posted by Tina Gabrielle on February 2, 2015

https://thevioletfemmes.wordpress.com/2015/02/02/publishing-contracts-101-grant-of-rights/

Get Wicked With Entangled Blog Hop!

“Trick or Treat” OR “Trunk or Treat” – Which do you prefer?

Welcome to the Get Wicked With Entangled Blog Hop! Stop by each blog to check out their favorite Halloween stories and enter to win their giveaways.

For this stop, I’m giving away a $5 Amazon gift card and a copy of my soon-to-be released historical romance, A SPY UNMASKED, the first book In The Crown’s Secret Service Series. The winner will receive an ebook copy on the date of its release on November 10, 2014.

For the first time this year, my town hosted trunk or treat for the children. I wasn’t sure what to expect. Trunk or treat is very different from the way I grew up celebrating Halloween. We went door to door from block to block repeating the mantra “trick or treat” until our feet ached and our pillow cases were bursting with as much candy as we could carry home.

Trunk or treat is different. Families volunteer to decorate their cars with flashing orange lights, cobwebs, and big hairy spiders. The cars were parked in a big circle, and children walked around from car to car and filled their bags with candy. It’s an alternative to the old-fashioned Halloween in a much more concentrated setting where all the local parents can keep a watchful eye over the children. My kids had a great time. They saw their friends in one place—something they wouldn’t get to do if they walked around each of their separate neighborhoods.

But here’s the catch—they will still trick or treat this Friday on Halloween. So they get twice the candy. Fun for the kids? I’m still undecided.

So what do you think? Do you prefer “trick or treating” or “trunk or treating?” Please leave a comment and enter to win a $5 Amazon gift card and an ebook copy of A Spy Unmasked on its November 10, 2014 release day, then HOP to the rest of the participating blogs. Good luck!

A SPY UNMASKED

Coming November 10, 2104 from Entangled (Cover is Top Secret!)

The mission did not go quite as Robert Ware—known in society as the new Earl of Kirkland–planned. A spy in the service of His Majesty, Robert is a “guest” at a masquerade party as he retrieves vital information for a murder investigation. Until he’s quite unexpectedly interrupted by an exquisite, masked woman with glittering green eyes. And a pistol she has cocked and aimed right at him…

Lady Sophia Merrill has defiantly taken up justice’s shining sword, determined to expose the brigand who murdered her eccentric but brilliant father, and stole his latest invention. Now she must masquerade as Robert’s betrothed in order to infiltrate the Inventor’s Society and find the killer. But the undeniable potent attraction between them not only imperils the investigation, but Sophia’s reputation… and both of their lives.

Happy Halloween!

Tina Gabrielle

Enter to win!

a Rafflecopter giveaway

HOP to the rest of the blogs!

You can find me at:

26 Comments

by Tina Gabrielle on October 27, 2014 • Permalink

Posted in Contests, Writing Community

Tagged A Perfect Scandal, Entangled Blog Hop, In The Barrister's Bed, In The Barrister's Chambers, Lady of Scandal, The Violet Femmes, Tina Gabrielle, writing contests

Posted by Tina Gabrielle on October 27, 2014

https://thevioletfemmes.wordpress.com/2014/10/27/get-wicked-with-entangled-blog-hop/

Noncompete Clauses in Publishing Contracts – What precisely is an author agreeing to?

The very first time I read a noncompete clause in a friend’s publishing contract, I had to reread it—not just twice like we all should—but a few times. What exactly do publishers want and what are authors agreeing to? How important is this clause to authors anyway?

Noncompete clauses are also called competing works clauses or conflicting publication clauses. In simple terms, noncompete clauses restrict the right of an author to write or publish another book that is similar to and would unfairly compete with the sold book. Almost all publishing contracts include a version of this clause, and publishers are well within their rights to have the exclusive right to the book the author has entered into a contract with them. But the clause must be fair and authors should check that the clause is not overly restrictive.

For example, if an author writes romantic suspense and sells it to Publisher X and there is a noncompete clause in the contract for eighteen months prior to or after publication of the work, the author may not publish another romantic suspense to Publisher Y until the eighteen months are over. With the increasing number of hybrid authors who are both traditionally publishing and self-publishing, the noncompete clause can be overly restrictive and tie up an author for months or even years.

Some publishers are progressive and they realize that a prolific author who wishes to traditionally publish and self-publish can only help sales, not hurt them, and they are more lenient with the noncompete clauses. Others may not be as progressive. Publishers are definitely entitled to have the exclusive right to the author’s book, but at the same time, the noncompete clauses shouldn’t be overly binding.

So how can an author negotiate overly binding noncompete clause? Here are some concrete examples.

Limit the definition of “compete”

Try to replace the language that says “might” interfere with sales and use “will” interfere with sales instead. The publisher is overreaching here. The publisher’s rights are still protected with the word “will” rather than “might.”

Limit the definition of “competing work”

Try to limit the definition of “competing work” in your contract. The more specific the language of “competing work,” the better for the author. For example, you can attempt to limit the clause to “a work with similar characters or title as the contracted work” or “a series military romance with Navy Seals.” This allows the author to publish or self-publish a long contemporary romance with firefighters and not violate the clause. The different genre wouldn’t be competing with the military romance novel and would free the author to make more income in an increasingly crowded marketplace.

Limit the publisher’s time in a noncompete clause

Try to limit the publisher’s time in a noncompete clause. A contract shouldn’t give a publisher an unlimited time period. That’s overreaching and not necessary to protect the publisher. Examples of unreasonable time periods are: “as long as the work remains in print or electronically,” and “for the term of the copyright of the work.” Yikes! These sound bad, don’t they?

In a perfect world, the author and publisher will work together to have a fair noncompete clause for today’s constantly changing marketplace.

So have you ever heard of another way to effectively negotiate any type of contract? What’s your best tip? I’d love to hear your views, so please share!

Tina Gabrielle

A SPY UNMASKED – Coming November 10, 2014 from Entangled!

You can find me at:

15 Comments

by Tina Gabrielle on October 13, 2014 • Permalink

Posted in Contracts, Writing Career, Writing Community

Tagged A Perfect Scandal, contracts, In The Barrister's Bed, In The Barrister's Chambers, Lady of Scandal, Noncompete clause, publishing contracts, Tina Gabrielle, writing, writing career

Posted by Tina Gabrielle on October 13, 2014

https://thevioletfemmes.wordpress.com/2014/10/13/noncompete-clauses-in-publishing-contracts-what-precisely-is-an-author-agreeing-to/

Option Clauses in Publishing Contracts – friend or foe to an author?

As mentioned, I’m going to talk about different aspects of publishing contracts in my blogs with the femmes. This month’s topic is option clauses.

We’ve all heard of option clauses in publishing contracts. But what exactly are they and how important are they to authors?

In simple terms, option clauses require an author to offer her next book to the publisher before anyone else. They’re also referred to as “a right of first refusal” clauses. It’s fair to assume that any clause in a contract is written in favor of the party who wrote it. In this case, the publisher.

Now I know of authors who like the option clause. They say it gives them a sense of comfort knowing the publisher wants their next book. But this could very well be a false sense of comfort. Remember what I just mentioned above? Any clause in a contract is written in favor the party who wrote it. What the option clause is doing is prohibiting the author from submitting to other publishers while the publisher has no related duty. Not entirely fair, right?

If you’re a new or even a midlist author, you may not be able to eliminate the option clause entirely, but you may be able to effectively and professionally negotiate some points. Here are some concrete examples.

Limit the terms

Try to limit the word count or genre or both. The more specific the language of the option, the better for the author. For example, if the contract says “for author’s next fiction novel,” you can attempt to limit the option to “for author’s next 50,000 to 60,000 word contemporary paranormal romance.”

Limit the time you are required to submit your next book

For example, limit the amount of time you have to submit another book under the option clause, for example, number of years (one or two years). Otherwise, an option clause may be construed as endless.

Limit the publisher’s time to respond

Try to limit the publisher’s time to respond to the option work offered. For example, thirty to ninety days.

Limit the option work to a specific proposal

For example, write a short paragraph of your next work that you want covered under the option clause.

So have you ever heard of another way to effectively negotiate any type of contract? What’s your best tip? I’d love hear your views, so please share!

And please look for my next blog on different contract clauses.

Tina Gabrielle

You can find me at:

tinagabrielle.com

12 Comments

by Tina Gabrielle on August 18, 2014 • Permalink

Posted in Contracts, Writing Career

Tagged A Perfect Scandal, contract negotiation, contracts, In The Barrister's Bed, In The Barrister's Chambers, Lady of Scandal, publishing contract, The Violet Femmes, Tina Gabrielle

Posted by Tina Gabrielle on August 18, 2014

https://thevioletfemmes.wordpress.com/2014/08/18/option-clauses-in-publishing-contracts-friend-or-foe-to-an-author/

The Art of Contract Negotiation for Women Writers

We’ve heard it before: Women earn less money and benefits than their male counterparts. But the question is why? I believe the answer lies in the fact that women tend to shy away from negotiation. Women who do ask for more money or benefits are often viewed by society as overly aggressive or pushy. Overwhelmingly, romance writers are women who will find these essential skills helpful when negotiating their own publishing contracts.

As an attorney, I’ve had the benefit of hours of negotiation training and have negotiated scores of civil settlements. Negotiation is a craft that can be studied and learned and will help with every facet of a writer’s career. I plan to blog about specific author contract clauses in the future, but I’m starting out with the very important art of negotiation. Here are some tips:

Don’t be afraid to ask.

I know as well as the next writer how hard it is to get “The Call.” I received many rejections before I sold my first book. We are all hesitant to ask for anything after waiting so long, and we feel we should be eternally grateful. But asking does not mean we aren’t grateful. Asking means we are taking our writing careers seriously and that we are intelligent businesswomen who intend to be successful in this profession.

Be Prepared.

Research is key.As members of RWA and our local chapters, we have excellent resources. The RWA website as well as the monthly Romance Writer’s Report magazine have a wealth of information on contract clauses. Conferences frequently offer workshops on author contracts and what’s standard in the industry. And don’t forget to ask fellow authors what is in their contracts and what clauses in particular they negotiated. Gathering as much information as possible is the best strategy.

Create a script in advance.

Before you call or meet with the editor or agent, you should have a mental outline of what you want. Items in that outline should include: your wish list; your reality list; and a deal breaker item, if there is one.

Develop options.

Understand in advance that you will not get everything you ask for. I’m not just talking about money here—there’s so much more to a contract. There are publishers that do not negotiate royalties or advances. This does not mean, however, that you cannot negotiate other sections of the contract to your benefit. What about the author’s grant of rights, for example, foreign rights? Publisher option clauses? Rights of reversion clauses? Basket accounting? Author’s rights in case of publisher bankruptcy? Or even more basic, what about more free and discounted author copies?

Know your negotiation power.

This is critical. If you are unpublished and you get an offer from an agent or editor, you have significantly much less negotiation power than a NY Times Bestseller. This doesn’t mean you have no power, but you must keep what you do have in perspective. An unpublished author cannot insist on a six figure deal and a cross-country book tour. That is demanding and unprofessional.

Stay Unemotional.

I know. This is your baby. You have spent countless hours polishing the first page, let alone the first chapter. But remember that publishing is a business, and the agent or editor is interested in selling your book and making money. The most effective negotiators are the unemotional ones.

Take a time out.

Don’t agree to anything immediately. Wait at least a day, preferably more, to think things through and clear your mind. Talk to other writers. Your spouse. Your critique partner. Your attorney, if necessary. That means if you get “The Call” and are jumping up and down with joy, do not agree to the representation or sign on the dotted line without waiting the requisite time period. After you calm down, you will be able to look at the fine print with different eyes.

Be professional.

Ask, don’t demand. Start out by saying, “I have a few concerns with the language of the contract…”

You’d be surprised what you can accomplish. Even if you do not get everything you hope for, you let industry professionals know that you are serious about your career and your books and that you are an author who is a worthwhile investment.

So have you ever negotiated any type of contract? What’s your best tip? I’d love hear your views, so please share!

And stay tuned for my next blog on contract clauses.

Tina Gabrielle

You can find me at: