HI,
Karen, and welcome to AW.
KarenDales:
The contract is still being negotiated and if signed soon, my novel will NOT be out in January.
Can I ask what led you to Napkin Books and are they paying you an advance for your novel?
KarenDales:
Since they are a small house publisher, finding my novel in Chapters/Indigo nationwide is not realistic. Chapters/Indigo's take on any book is too great on a national level for an emerging publisher and author. It will be available by independent book sellers and online.
Do you know which independent book sellers your book will be available through? Have those contracts for supply already been negotiated? Do you know which on-line sales forums it will be available through? Do you know what the initial print-run of your book will be or are Napkin going down the POD route?
KarenDales:
Membership in a non-government body that does not bestow publishing privileges does not mean a publishing house is disreputable.
I agree. However it does mean that they are a member of a trade body, which in itself can help to give a venture a certain amount of credibility in the field.
KarenDales:
I have also never paid one cent to them for anything, graphics or otherwise.
That's good. During your contract negotiations, has it been made clear what activities are expected of you in terms of promoting your book after publication? Will you at any point be expected or encouraged to purchase copies of your book or arrange your own sales events?
KarenDales:
MANY small and medium sized publishing houses have one or two people in them. To expect the same level of business practice as one of the Six Sisters is ridiculous.
I agree that there are many small/medium-sized publishers out there that run on a shoestring and have a small number of staff. However, with the successful small publishers, those staff will all have experience in the publishing industry (often with bigger publishing houses) and will be able to get books into stores.
Can I ask what experience those people staffing Napkin Books have? Did they previously work for publishing houses or agencies?
KarenDales:
I checked with my intellectual rights councilor (yes I have one...my brother in law) and if one can't legitimately copywrite their work in Canada, mailing oneself a copy works and holds up in Canada. EACH country has their own copywrite laws and therefore when a book or other intellectual property crosses boarders, copywrite needs to be maintained for that country within their country's copywrite laws.
and
KarenDales:
And did you check with your literary rights lawyer about that? Do you understand the differing laws that each country has about individual issues? I don't claim that I do, but I think my councilor does since he has negotiated contracts worldwide.
Karen, if you check out the link that
ejket put in their response, you'll see that it refers to the Berne Convention, the Universal Copyright Convention, the Rome Convention, and the World Trade Organization. Canada is a signatory to those conventions (as are many other countries in the world). If your work is copyrighted in Canada, then pursuant to those conventions, it is also copyrighted (i.e. protected) in those other jurisdictions that are signatories to those conventions.
Although there may be registration requirements in some countries when/if your book goes to press there (e.g. in relation to providing a new ISBN), that in itself does not prejudice the existence of your copyright. If your brother-in-law is an IP lawyer, then he should really be familiar with that and should have reassured you as to the same. Is your brother-in-law an IP specialist?
KarenDales:
Intellectual property is easy to prove in the courts if one is properly protected through a well devised contract. Case in point. J.K. Rowling.
I'm not sure what you think the most recent Rowling case was about, but the one thing that wasn't in dispute was whether she owned the copyright in her work. That case (and I think there's a thread in one of the other Forums if you're interested in reading more) was whether her copyright
extended to give her protection over compilations based on her works and if so, to what extent that protection existed and to what extent defendants could rely on the "fair use" defence.
In any event, copyright was not an issue because it existed in her books the moment she finished writing them. I would be willing to put a month's salary on the fact that at no point did she go down the poor man's copyright route.
KarenDales:
Mailing a copy to oneself is the poor persons way of doing it until proper copyright protection can be procured.
No it isn't. As has been explained to you, copyright exists the moment that you have completed your work. What people here are referring to as "poor man's copyright" is at best an evidentiary tool and a very poor one at that because of the potential for it to be challenged. If you were serious about trying to go down this route, you would in practice need the envelope to be signed by a commissioner for oaths/attorney/notary (depending on your jurisdiction) and would probably need some kind of statutory declaration from them and yourself that the contents had not been tampered with and then the commissioner for oaths/attorney/notary (depending on your jurisdiction) would need to keep hold of it securely within their premises. That's a lot of time, effort and pontless expense and if you were genuinely worried about copyright theft, it's simpler to just register it with the relevant office (although that again is overkill in my opinion).
KarenDales:
contract an intellectual property lawyer here in Canada. They run about $3000 to hire if you have questions to ask.
Why go to all that expense when many countries have professional organisations that will give you basic advice for free or you can check out the web sites for the appropriate governmental bodies? For example, in the UK the Society of Authors will take a look at a contract for you for free.
KarenDales:
Thank you Lainey. You are the only one who does not ill-wish the endeavour.
I'm sorry if you think that people on this board are willing you to fail. We're genuinely not (and personally, I hope that everything goes well for you).
If we seem to be suspicious, it's because we see too many small publishers (even ones that are genuinely trying to do right by their authors) go under within 12 months, taking their authors hopes with them. Publishing is a difficult industry and in this financial climate, it's particularly hard for new ventures to break in.
What I think would reassure some people here is information that Napkin has a solid, thought-through business plan, is staffed by people experienced in the industry and has managed to negotiate distribution contracts directly with stores so that the aim is to get books stocked on shelves.
KarenDales:
I have met and talked to my publishers on several occasions. They are sincere, well organized, extremely supportive and willing to do what it takes to make my book a success. Yes, I am taking a risk in going with a new publishing house, but I believe they are worth the risk. The hours spent in meetings with them in person and over the phone is well worth it and has dissuaded any possible concerns I had.
If you take a look at these boards, you will see plenty of other threads about similar sincerely meant small publishing houses who subsequently went into insolvency. My best suggestion to you is that if you're absolutely determined to go with them (and it seems that you are), then get your brother-in-law to check the insolvency clauses in your contract before you sign it. If the very worst happens (and I hope that it doesn't, but you need to accept that it's a reality), then you need to make sure that those rights automatically revert to you and will not be seized by a liquidator or otherwise disappear in the event that the publishers disappear.
KarenDales:
Any author with any publishing house takes a risk, whether that publishing house is small or large. I'm just blessed to have such great support from my publishers.
With all due respect, support is very nice but worth diddly-spot if your books aren't physically put on shelves and your publisher has no capability to market and sell them.
KarenDales:
I would NEVER have been presented with a deal as wonderful as theirs. I would NEVER have been able to do all that they are doing for me had I self published or gone with any other house.
Is this based on experience, i.e. have you gone through the query route to agents and publishers with your manuscript without success or is this an assumption on your part?
Although I am not a massive fan of self-publishing (it's fine for niche books or in particular circumstances), sometimes it can be better for people who have reached the last resort stage.
KarenDales:
Point of fact, Publishers aren't intellectual property rights lawyers and can only go with what they are counseled. Publishers are publishers. They are not editors, they are not web designers, they are not lawyers. This is why they tend to use agents, hire lawyers, work with editors (of all types) and web designers, etc.
I agree - publishers aren't IP lawyers. However, publishers who are serious about the industry and making money usually decide to consult with IP lawyers before they start offering contracts to prospective authors. From the misinformation in the email posted on this thread, it can be suggested that they have not done so.
Is your attorney negotiating with the publishers at Napkin directly, or are you negotiating with their lawyers?
Similarly, the fact that the web site design is so poor suggests that they're not spending money on that either. That all begs the question as to what they are spending money on and where are they/where do they need to buy in expertise?
MM
