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Inklings Issue 3.24
================================================================
i n k l i n g s
Inkspot's newsletter for Writers on the Net
Issue 3.24 Nov.26, 1997
================================================================
<http://www.inkspot.com/inklings/issues/ink0324.html>
* Over 23,000 subscribers! *
This issue features an article about contract basics by Moira
Allen, advice on profile writing by Dorothea Helms, and a
column about writing synopses by literary agent Susan Graham.
This issue sponsored in part by:
================================================================
THE WRITER'S SOFTWARE COMPANION: multimedia software by Writer's
Digest's Nancy Kress. Uses advanced learning tech. and total
immersion to bypass years of trial-and-error, dramatically
accelerating a writer's progress. http://www.novalearn.com
================================================================
FREELANCE SUCCESS newsletter gives nonfiction writers the tools
they need to earn a fulltime living. Detailed market information
for pros and those who aspire to be. SASE to 801 NE 70th St.,
Box IK, Miami, FL 33138. E-mail: freelance-success@usa.net
================================================================
SAMURAI CONSULTING: Services include internet consulting, WWW
page design, electronic newsletters, mailing lists, FTP sites,
system maintenance, training. Email: Bryan Fullerton at
<bryanf@samurai.com> http://www.samurai.com
================================================================
ISSN 1205-6413. Copyright 1995-1997 Debbie Ridpath Ohi. Contact,
copyright, advertising rates and other info at end of issue.
================================================================
| CONTENTS THIS ISSUE: |
| From The Editor's Desk |
| Fresh Ink and Market Information |
| Ask The Agent |
| The Profile Piece: It's Not Just For People Anymore |
| Understanding Contracts |
| Writers' Classifieds |
================================================================
FROM THE EDITOR'S DESK:
=======================
Inklings is pleased to welcome aboard Noah Chinn. Noah will be
maintaining the back issue archives and will handle requests for
particular issues and re-sending missed issues. Noah is a
24-year-old York University graduate who lives in Toronto and has
several publications to his credit. He wrote a novel for a high
school project ("admittedly unpublished") and now focuses on
"short stories of a contemporary or science fiction/fantasy
nature". You can see some of his writing on his webpage at
http://www.geocities.com/Area51/Cavern/6040/. Noah can be
contacted at noah@inkspot.com.
As some of you already know, Canada Post is on strike.
Unfortunately this means that we're unable to send to receive
checks and contracts until the mail starts again. Thanks for
your patience.
Many thanks to those who sent me good wishes for my trip in
Germany. Thanks also to those who pointed out that I had a typo
in the one German phrase I had learned. :-)
Because of a system crash, all Inklings subscribe/unsubscribe
requests made between Wednesday, November 12th and Saturday,
November 15th were lost and should be resubmitted. If you're not
sure if your request went through, please resubmit it anyway; if
you're already subscribed, you'll receive a message telling you
so (i.e. don't worry, you won't be subscribed twice). Humble
apologies for the inconvenience.
FRESH INK
=========
National Writing Project
------------------------
Teacher-oriented, focus on a collaborative university-school
program to improve student writing and teaching of writing.
http://www-gse.berkeley.edu/Research/NWP/nwp.html
VSC - Writer's Market Webzine
-----------------------------
Published by Christopher Reynaga. Publisher guidelines for
speculative fiction markets. Also columns & reviews. Fairly
graphic-intensive.
http://www.ns.net/~Reynaga/
Freelance Online Jobs List
--------------------------
Includes jobs related to writing and editing.
http://www.FreelanceOnline.com/jobsavail.html
Resources for Mystery Writers
-----------------------------
Lots of useful/interesting links.
http://user.aol.com/mwanorcal/linkwrit.htm
Magazine and Newsletter Editors' Resource List
----------------------------------------------
Reference links, news, techniques, publications, associations,
other useful tools.
http://www.tfs.net/personal/tgoff/erlist.html
Mary Soon Lee's Mailbox Blues
-----------------------------
Follow the mail anxieties of published sf author Mary Soon Lee.
Links at the bottom of this page lead to some extremely useful
writing-related links/info. I've been following the author's
website for a few years now...hope I get to meet her someday! :)
http://www.cs.cmu.edu/~mslee/mb.html
** Please send suggestions for Fresh Ink to freshink@inkspot.com
================================================================
MARKET INFORMATION
==================
Please note: Inklings does its best to print only accurate market
info. However, it cannot be held responsible for lost postage,
time, etc. that you may incur due to inaccuracies. Do not send
submissions by email before inquiring first. You should get
current, detailed guidelines before submitting. Include SASE for
snailmail replies. More market info at:
http://www.inkspot.com/market/.
SPECIAL THANKS TO THE FOLLOWING MARKET SOURCES:
SCAVENGER'S NEWSLETTER
Monthly market info letter for sf/f/h/m writers & artists.
More info at: http://users.aol.com/Lemarchand/scavenger.html
THE GILA QUEEN'S GUIDE TO MARKETS
POB 97, Newton, NJ 07860-0097 Email:GilaQueen@aol.com
http://www.pacifier.com/~alecwest/gila/index.html
THE WRITE MARKETS REPORT
Free issue by e-mail to: ForWriters@hotmail.com.
http://members.tripod.com/~deepsouth/index-writemkt.html
CHILDREN'S WRITERS MARKET LIST (magazines only)
http://www.inkspot.com/feature/shauers/
For free sample, send an email to childmkt@inkspot.com
==-----------------------------------------------------==
"FNASR" = First North American Serial Rights, "SASE" =
self-addressed, stamped envelope, "simsubs" = simultaneous
submissions, "mss" = manuscript, "RT" = response time, "GL" =
guidelines, "wds" = words, "cc" = contributor's copy.
MARKET EDITORS: TK = Tina Kennedy.
***If you are a *paying* market and would like your guidelines
included in a future issue of Inklings, please fill out the form
at: http://www.inkspot.com/market/mktpayform.html
ROMANCE AND BEYOND MAGAZINE - seeks short stories
---------------------------
ROMANCE AND BEYOND MAGAZINE; Briada Press, Inc.; 3527 Ambassador
Caffery Pkwy., Suite 9; Lafayette, LA 70503-5103. Mary Tarver,
Editor. "We are a new quarterly magazine, seeking fantasy,
science fiction, horror, and paranormal short stories (up to 10K
words) in which a romantic relationship develops between the hero
and heroine. Internal conflict must be created--then
resolved--by the emotional/spiritual/physical attraction between
the protagonists, the more intense the better. External
conflict(s) are left to your imagination, the more original the
better. Stories can be sweet to sizzling, very dark to humorous,
but they must have a happy ending. We pay $5--$15 per story,
plus copy and discounts. Sample copy $4. We will, also, be
publishing the winners of the 1998 Romance and Beyond Contest
(deadline 2/1). For contest rules/entry forms or complete
submission guidelines, send SASE or e-mail your request." No
email submissions. (Info rec'd Nov.7/97, confirmed Nov.21/97)
Email: RBeyond@aol.com (only for requesting guidelines, contest
entry form, or checking status of your submission)
BOARDS MAGAZINE - seeks articles
---------------
BOARDS Ltd, 196 Eastern Esplanade, Southend On Sea, Essex, SS1
3AB, UK. Editor: Bill Dawes. Windsurfing magazine, published
10x/yr. In-depth reporting on the sport of windsurfing. Pays
30-50 pounds (sterling) per magazine page, "depending on how much
work we have to do to the copy you supply". Query first.
Accompanying magazine-quality pictures essential. Photos should be
on good slide film (ideally Fuji Velvia or Provia), with good
focus, action, and scenery. Not seeking technique writers at
present. PRESS RELEASES: "We're happy to publish news of
windsurfing-related events. However, please bear in mind the lead
times. You should allow a minimum of six weeks of lead time for
copy - working on an effective publication date of 1st of the
month." Pictures always useful for news events but no payment or
guarantee of use. For full guidelines, see website. (Source: TK)
E-mail: billdawes@compuserve.com
URL: http://www.boards.co.uk/
GL: http://www.boards.co.uk/abmag.htm
BABYBUG MAGAZINE - seeks stories, poems, nonfiction, activities
----------------
BABYBUG, POB 300, Peru, IL USA 61354. Editor-in-Chief: Marianne
Carus. Editor: Paula Morrow. Senior Art Director: Ron McCutchan.
Launched in Nov/94. Magazine for infants and toddlers ages 6-24
months. Publishes simple stories and poems, words and concepts,
illustrated in full color by artists around the world. STORIES:
very simple and concrete; 4-6 short sentences max. POEMS:
rhythmic, rhyming; 8 lines max. NONFICTION: very basic words and
concepts. ACTIVITIES: parent/child interaction; 8 lines max.
RATES: vary, $25 min. Pays on publication. "We purchase first
publication rights with reprint option; in some cases we purchase
all rights." Please do NOT query first. Submissions without a
SASE will be discarded. RT: 6-8 wks. "We do not distribute theme
lists for upcoming issues." (Info rec'd Nov.20/97)
ARTEMIS MAGAZINE
----------------
ARTEMIS Magazine 1380 East 17 Street, Suite 201, Brooklyn, New
York 11230, (718) 375-3862. SCIENCE AND TECHNOLOGY ARTICLES: max
5,000 wds, short is better, will consider longer. "Articles can
address any topic related to development of lunar industries,
including the role of the Moon in further development of space
travel. We plan for each issue to have feature articles on
several standard topics: the politics of space, transportation
systems, exploiting lunar resources, and updates from the other
facets of the Project. Target your work toward a general audience
of educated, but not necessarily technically sophisticated,
people. Include charts and tables if necessary, and explain them
in the text. A series of articles on the same subject might work,
but each must stand on its own. Send a proposal and samples.
Illustrations should be separate from the text, with captions on
a separate page." FICTION: max 20,000 wds, shorter is better.
"We're looking for near-term hard science fiction in which lunar
development or life in a Moon colony plays a major role; however,
stories need not be set on the Moon. We want well-plotted,
character-oriented stories. We're especially looking for stories
which put the reader into the lunar development scenario.
Technical accuracy is an absolute requirement, but don't bog down
the story with unnecessary technical detail." "We don't plan to
serialize novels, but might welcome a series of stories based on
the same characters (think of television situation dramas, rather
than epic movies); however, remember that we buy, and the
readers read, only one story at a time." POETRY: "Keep the
project and the purpose of the magazine in mind, and keep it
short and not too obscure. Inspire the reader; appeal to his
sense of wonder." PAYMENT: Pays on acceptance, 5-8c/wd, depending
on length, for science and fiction. $1/line for poetry. (Source:
TK, TK note: Other than guidelines and information at this site,
the magazine is not online.)
Email: irs@asi.org
URL: http://www.tlrc.com/artemag/writer-guidelines.html
READER'S DIGEST and READER'S DIGEST ONLINE - seek fillers
------------------------------------------
Reader's Digest Rd., Pleasantville, NY 10570-7000. Monthly circ
15,000,000. "Wanted: Your Laugh Lines. Each year hundreds of
thousands of Americans send their short, real-life stories to RD
magazine. After reading them all, the editors publish the best
ones in the humor depts. listed below. So go ahead and send us a
good one. All contributions must be true, unpublished stories."
300 wds max, pays $400, on publication. "PLEASE NOTE: The
competition for publication is very intense; last year, editors
selected only a few hundred stories from over a quarter million
subs. It may take some time for your sub to be considered."
DEPARTMENTS: Life In These United States: "Stories about human
nature and the American character." Pays $400, on pub. All In A
Day's Work: "Humor on the job." Pays $400, on pub. Humor In
Uniform: "Stories about life in the armed forces." Pays $400, on
pub. Campus Comedy: "Stories about college life." Pays $400, on
pub. Virtual Hilarity: "Send us your jokes and
stories...real-life stories (300 wds max, pays $400 on
publication) or previously published or broadcast material (pays
$35 to first sender, include original source info)." (Source: The
Gila Queen's Guide To Markets #89).
Email: readersdigest@notes.compuserve.com
URL: http://wwww.readersdigest.com/
POETS AND WRITERS - seeks articles
-----------------
72 Spring St., NY, NY 10012. Editor: Daryln Brewer. Bimonthly.
Circ. 58,000. "Magazine for writers of poetry and fiction. Each
issue features profiles of and essays by poets and fiction
writers, both emerging and established; articles of practical
interest to writers, on such topics as book contracts, royalties,
or publishing trends; and reports on writers' colonies, small
presses, and literary activities around the US. Our news section
updates readers on literary current events. P&W; is written
entirely by freelancers. P&W; does not publish original fiction or
poetry, nor do we run book reviews. P&W; is not currently
accepting queries or subs via email. If you would like to submit
a query or an article on spec, please send it via regular mail.
If you plan to query with a story proposal instead of sending a
ms, please include two samples of your journalistic writing.
Pieces published in the magazine generally go through at least
three drafts. We seldom assign articles or conferences or
festivals as it is difficult for us to cover them in a timely
fashion. We no longer buy Q&A; interviews, as we have found that
the profile format allows us to get more information in less
space." Length varies; pays $100-300 on acceptance for first
NASR. 20% kill fee. Send seasonal stuff 1 year ahead. Sample
$3.95. Subscriptions: $19.95/yr. RT=6 wks on mss. (Source: The
Gila Queen's Guide To Markets #89).
Email: editor@pw.org
URL: http://www.pw.org/
================================================================
Ask The Experts
---------------
*** Please put "inklings question" in the subject header. ***
Judith Bowen (ROMANCE WRITER) jbowen@max-net.com
David Breeden (POET) drpoetry@ktc.com
Charles Deemer (SCREENWRITER) cdeemer@teleport.com
Mark Fowler (LAWYER) askthelawyer@inkspot.com
Susan Graham (AGENT) slgraham@mindspring.com
Carol Henson (BOOK DOCTOR) bookdoc@Prodigy.net
Ken Jenks (ELECTRONIC PUBLISHER) MindsEye@tale.com
David Leit (LAWYER) askthelawyer@inkspot.com
Bob Sablatura (JOURNALIST) bob.sablatura@reporters.net
Michelle Sagara (SF/FANTASY WRITER) Michelle.Sagara@sff.net
Lee Wardlaw (CHILDREN'S BOOK WRITER) Katknip2@aol.com
Marcia Yudkin (FREELANCE WRITER) send to yudkin@inkspot.com
Columnists may be unable to reply privately to every message,
but will answer selected questions in future issues of Inklings.
Please keep your question BRIEF and send it to *one* columnist.
================================================================
ASK THE AGENT
----------------------------------------------------------------
by Susan Graham <slgraham@mindspring.com>
How do I write a synopsis?
--------------------------
Q: I am currently finishing a fantasy novel. It is very large in
content. How do you compact it all into a synopsis? I think
that I am caught up too much in my own story line, that I will be
leaving something good out. Could you give me some advice about
writing a good synopsis?
A: The biggest trick to writing a synopsis is to try to get into
someone else's head--the person to whom you're writing the query.
What will they want to know? What will they find interesting?
What is important about this book? First, try to write a one-
sentence description of the book. It should state the category
and the main point of the book, and include something like these,
depending on the type of book you have written: Character driven:
"...as Lira finally realizes that in order to truly love, she
must first open herself to..." Plot driven: "...racing to defuse
the terrorists' bomb in the Empire State Building..." This one
sentence will start you thinking in terms of the big picture for
your synopsis, and will help you start your query letter as a
nice side effect.
You should first emphasize the beginning and end of the story,
and then hit just the important turning points in the middle of
the story. It should be done in the form of narrative summary
from the point of view of the main character(s). It should be in
present tense, and not be a chapter-by-chapter overview. In
fact, one paragraph often spans more than one chapter. A synopsis
can be single or double-spaced, and is usually between one and
ten pages long.
It has come to my attention lately that there is very little help
for writers trying to come up with a good synopsis. So I am
adding a new web page to my site that will discuss how to write a
good synopsis and will give real-life examples from published
books, from the agent's and the author's point of view. See Ask
The Agent Online at (http://GrahamLiteraryAgency.com/atao.shtml).
==-----------------------------------------------------==
Susan L. Graham owns Graham Literary Agency, Inc. She represents
genre fiction as well as commercial fiction and nonfiction. Her
unique Website (http://GrahamLiteraryAgency.com) helps to promote
her authors and the agency.
Copyright (c) 1997 Graham Literary Agency, Inc.
================================================================
THE PROFILE PIECE: IT'S NOT JUST FOR PEOPLE ANYMORE
----------------------------------------------------------------
by Dorothea Helms <dhelms@ican.net>
The first article I was assigned was a profile piece on a woman
who pursued retraining at a local business school, landed a
nursing-home job, and got herself off welfare. Since that time
early in my writing career, I have been asked to do hundreds of
articles for newspapers, magazines, and newsletters - most of
them profile pieces.
What's even more fun is that for the past two years, I've been
privileged to profile dozens of celebrities for local
publications. Imagine that - ME, interviewing the likes of
Timothy Findley, Ben Wicks, Alannah Myles, and Pinball Clemons!
But my profile-writing skills have made me a lot more money with
targets OTHER than individual people; a large portion of my
freelance jobs involve profiling municipalities and businesses.
Look around in the media and notice how many "here's why this
business is great" or "here's why you should consider living in
this city/town/village" articles there are. Every municipality
produces advertorial literature that profiles the area's history,
economic opportunities, and lifestyle options. Most businesses
offer potential clients brochures that outline their services,
products, and company story. Often, newspapers and magazines
publish profile articles on businesses and municipalities as an
incentive for potential clients to purchase advertising. Internet
sites provide profile pages on millions of subjects.
Someone writes this stuff - why not you? Writing the profile
piece is fun, and can be attacked in logical steps to keep your
time at a minimum, yet still produce a topnotch article.
Gather information
------------------
A good rule of thumb here is, the more, the better. Use every
resource you can: Internet, brochures, books, magazine articles,
interviews, the phone. For municipalities, there's no better
source of info than the Economic Development Department. For
businesses, go to the top: most presidents, owners or CEO's are
happy to be interviewed, and will make sure you get lots of facts
and figures to back up claims to success. Try Chambers of
Commerce and community information centers, too.
Organize information
--------------------
Take notes under broad categories. When I profile municipalities,
I browse through material, then place point form notes under
headings such as Education, Recreation, Economic Diversity,
Culture, Housing, Attractions, History, etc. For a business,
those headings may be Company History, Range of Products or
Services, Competitive Advantages, Locations, etc.
Decide on an angle
------------------
Spend more time on this decision than on writing the draft
article. By the time you organize your information, you'll have a
good idea of where your subject's major strengths lie. The angle
is the underlying theme that will give you a dynamite lead, ease
paragraph transitions, and help you end up with a full-circle
power statement. A few years ago, I was asked to write a piece on
Oshawa, Ontario. Long known as a blue-collar GM town, "The Motor
City" was diversifying its industrial and commercial base to
include high-tech and other types of businesses, as well as
expanding its family amenities. The common technique for
journalists writing about Oshawa was to use a vehicle-oriented
headline, and I played that game - with a twist. By calling my
piece "Oshawa: Shifting Gears in the Nineties," I was able to
write the entire article from the angle of the metamorphosis from
a blue collar city to one of culture and desirable family
lifestyles.
Write a headline that reflects your angle
-----------------------------------------
Some writers will balk at this step, preferring to write the
headline last, or to leave it up to the editor to create one.
Even though an editor may (and often does) change your headline,
write one yourself, from which you can orchestrate the piece to
flow. A few years ago, I did a piece on Marge Green, a local
newspaper editor who inspired hundreds of writers through the
courses and writers' circles she created, and I called it "The
Pied Piper of Prose." That headline set up for my lead, body and
ending.
Create an exciting lead
-----------------------
Is there any kind of writing that doesn't benefit from a strong
lead? My favorite method here is to place the subject into some
sort of global or historical concept, and then zero in to the
specific from there. Consider the following lead for an article I
called "Dawn of a New Age Brings Families to Aurora."
"They come seeking peace and natural beauty in a convenient
location -- just as the Loyalist and Quaker settlers did when
Yonge Street opened up in 1796. People moving to Aurora today
recognize the area for its lifestyle potential, as did those who
first populated the banks of Tannery Creek. The name 'Aurora' was
chosen in 1854 to signify the 'dawn of a new age.' That name is
still appropriate today, with the exodus of families from the
congestion of Metro Toronto swelling its population to nearly
35,000."
Decide on a flow pattern
------------------------
This could be chronological, but most creative non-fiction
doesn't start at the beginning. Remember to get the reader's
attention first, then show and tell the story. Starting with the
date that a municipality or business was established then
summarizing its history is an overused, boring technique. Try
attacking the piece as you would a fiction story, with some sort
of creative lead that intrigues the reader to keep reading.
Write
-----
Don't worry about editing as you go along. You will most likely
do major "chunk editing" by cutting and pasting paragraphs, or
deleting sentences you feel don't fit, but save the detail
editing for rewrites. Just go with your flow, and write
everything you want to say. Use an advertorial flair, and keep it
positive. If your assignment is to uncover dirt about a subject,
look up "self-fulfilling prophecy" in a psychology textbook and
ask yourself whether you need to contribute to the avalanche of
negative media out there.
Choose a clever ending that brings the reader full circle
---------------------------------------------------------
An effective technique for endings of profile pieces is to refer
back to something mentioned in the lead. Often the best ending is
an advertorial "call for action" -a web site address or phone
number.
Edit and revise
---------------
This step is what separates good writing from great writing. Read
your piece aloud, and rewrite sentences that are awkward. Omit
unnecessary words. Check facts: if you are unsure at all about
some statement in your article, make a phone call and get the
most current information.
Run the article by the subject for feedback
-------------------------------------------
Some publications and writers balk at this piece of advice (and
some publications forbid writers to do it), but frankly, I don't
understand why. If I've interviewed someone and write an article
from that interaction, I am in essence representing that person,
municipality, or business to the public. It is my responsibility
to make sure that what is printed is true, or an accurate
paraphrase of the information I'm given. If you take
comprehensive notes and write well, you should have no qualms
about asking for feedback. And if the subject finds a mistake,
isn't it better to correct it before publication? For those of
you who would spout "Freedom of the Press" here, keep in mind
that this "freedom" exists within limits, the most important of
which is truth. If you or your editor have a problem with that,
ask yourself why.
Market your skills
------------------
Profile writing is in demand today. Put together packages
outlining your qualifications and some samples of profile pieces
you've had published, and GO FOR IT!
==---------------------------------------------==
Dorothea Helms is a freelance writer/editor/college instructor
who has hundreds of articles appear in various publications. For
sample profile articles or information on how to interview
celebrities, visit her web site at http://home.ican.net/~dhelms,
or e-mail her at dhelms@ican.net.
Copyright (c) 1997 Dorothea Helms.
================================================================
UNDERSTANDING CONTRACTS
----------------------------------------------------------------
by Moira Allen <Moira.Allen@olywa.net>
In a recent survey of magazines, I asked a relatively simple
question: "Do you offer a formal contract?". A surprising number
said "no." Even more surprising, however, was the number who then
added something like, "we write a letter detailing our terms", or
"we negotiate a separate agreement with each author."
In other words, YES.
It's a little frightening to realize that not every editor or
publisher understands what constitutes a contract. It's even
more frightening to realize that many major publications still
offer no contract at all. To protect yourself in the changing
world of freelance writing, it's vital that you understand the
basics of contracts -- and how to negotiate them to your best
advantage.
What is a contract?
-------------------
A contract does not have to be printed on stiff paper with gilded
edges to be binding. Nor does it have to be packed with legal
jargon. A contract can be any form of document that spells out
the terms of a sale, including:
* A preprinted legal document, with blanks for the name of the
author, the title of the material being sold, and the fee.
* A letter of agreement. This may be an original letter tailored
for a particular sale, or a standard form letter.
* A "fill in the blanks" or "check the boxes" form.
A contract must be negotiated before the ownership of the
material actually changes hands. It is not acceptable, for
example, for a publisher to simply send you a check and then
claim that certain rights have been "transferred" by your
acceptance of that payment.
Contracts may be transmitted by fax or e-mail. Faxed signatures
are generally considered legally binding. E-mail is trickier; it
may lack the editor's signature, and you'll have to print it out
to sign it. While agreements may be negotiated entirely via
e-mail (without signatures), doing so depends on a degree of
trust between author and publisher.
Read any contract carefully. Watch out for loopholes that enable
an editor to reject your material after it has been assigned, or
clauses that claim additional rights without additional payment
(e.g., a clause claiming that "FNASR" also includes "anthology"
rights).
Understanding Terms
-------------------
Any agreement between a writer and a publisher should contain, at
a minimum, the following information:
* The title of the material being purchased.
* The rights being purchased (e.g., first rights, one-time
rights, reprint rights, all rights, etc.). For a discussion of
rights, see "Rights and Copyright Issues" in my website
http://www.olywa.net/peregrine/FAQS2.html.
* The medium (or media) to which those rights apply. For
example, if you sell FNASR to a print publication, will you still
be able to sell "first electronic rights" -- or vice versa? Does
the purchase of FNASR entitle a print publication to print your
material on-line as well? (For more information on this issue,
see "The Tasini Decision: For Writers, It's Good News and Bad
News," http://www.olywa.net/peregrine/tasini.html)
* The distribution of the publication. FNASR is a virtually
meaningless term on-line. Make sure that an electronic sale
doesn't compromise your ability to sell international rights
elsewhere.
* Payment, including the exact fee offered for your material and
when you can expect to receive it (e.g., within 30 days of
acceptance or publication).
* Your obligations and liabilities. Some contracts address
issues of accuracy, originality, and libel. Make sure that such
clauses don't demand more assurances than you can reasonably
provide.
Making Your Own Contract
------------------------
If a publication offers no contract (or confirms a sale simply by
sending a check), it's wise to protect yourself by offering your
own letter of agreement. Keep this as simple as possible,
spelling out the terms you are willing to offer and nothing more.
Such a letter might read something like this:
Dear Editor:
Thank you for accepting my article, (title). I have received
your check in the amount of ($), in payment for FNASR. I
look forward to seeing my article in the (date) issue.
If no publication date has been confirmed (and especially if
payment is contingent on publication), you can use this letter to
inquire about this issue. While such a letter may not be as
binding as a co-signed document, it does provide a written record
of the terms you have authorized.
What Does Not Constitute a Contract
-----------------------------------
Certain things do not constitute a legally binding agreement,
including:
* A stamp on the back of a check indicating something like
"Endorsement or deposit of this check transfers all rights to
your material to MegaPublishers Inc."
* Writer's guidelines, whether published in a guide such as
Writer's Market or distributed by the company itself. Guidelines
can be changed without notice, and are superseded by a written
contract.
* Your own notation on a manuscript indicating the rights you're
offering.
* A verbal agreement. In theory, such agreements are binding --
but they're hard to enforce in court. It's wise to back up any
oral agreement with, at the least, a memo or letter confirming
the terms.
* An altered document that has not been co-signed or initialed by
both parties. (In other words, if you want to change a contract,
you must obtain the agreement of the publisher; it isn't enough
to simply mark out or revise unwanted clauses.)
If you don't like the terms of a contract, it's always
appropriate to ask whether negotiation is possible. Don't be
surprised, however, if the answer is "no." Many editors are not
given the authority to tamper with contracts -- which may be
prepared by a separate legal department. If you can't negotiate,
don't chew out the editor. Instead, decide whether the fee, the
prestige of the publication, and/or the possibility of future
sales outweigh the negatives.
Two helpful references:
DuBoff, Leonard, "The Law (in Plain English) for Writers,"
Seattle: Madrona Publishers, 1987
Kozak, Ellen, "Every Writer's Guide to Copyright and Publishing
Law," 2nd Ed., NY: Henry Holt & Co., 1996
==----------------------------------------==
Moira Allen is a former editor of Dog Fancy magazine, and has
been a professional freelancer and editorial consultant for more
than 18 years. She is the author of three books and more than 100
articles. She also teaches professional and creative writing at
a local community college. You can find out more information at:
http://www.olywa.net/peregrine/index.html
Copyright (c) 1997 Moira Allen.
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