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Treasure Hunting Here are a few opportunities we found online this week: Hadley Media seeks new screenwriters: http://www.univercity.com/screenplay.html The Swetky Agency looking for
new clients (nonfiction and fiction): Finding The Bacon U.K. and Ireland January 30, 2002 This week, our focus is markets in the U.K. and Ireland. I figured it was about time we featured some overseas publications! Most of them have e-mail addresses, and will accept contributions from all over the world-- as long as you can write something relevant to their audiences. Health
and Efficiency (H&E Magazine) H&E
is “the oldest-running naturist magazine in the world.”
Needs:
“We are looking for well-written material on life with a naturist angle. This
includes experiences, observations, naturist politics, travel, history and so
on. Some space each issue is given over to features and essays on the naked
human body in society, history, in art and culture, and in everyday life.”
Interested in first-person essays, controversial subjects, etc.
Also needs filler, jokes, cartoons, and newspaper and magazine clippings
from around the world. Does
not want: “Certain subjects have been done to death. Features on the following
subjects are not required: body shaving, piercing and tattooing, circumcision,
sexual experimentation and so on. Health features are considered only if they
have a specific naturist relevance.” Pays
average of £65 to £150 for features of 800-1500 words, £10 to £85 for
letters and columns. Pays extra for photos.
Buys first rights. Guidelines
online: Yes. Click “Guidelines”
on the left navigation bar. Accepts
e-mail submissions. Responds
“promptly.”
Bizarre “Bizarre
offers hope to everyone out there who doesn’t wanting to join the rat race or
flow with the mainstream. Bizarre is a window onto a world in which an obsession
with Fred West need not necessarily count against you.” Needs:
Interviews, profiles, news, events, travel, all related to the bizarre, strange,
weird, and shocking. Accepts
e-mail submissions. Pays
£100 per 1000 words. No guidelines
on website, but do look there for examples of the stories they use. The Edge
The
Third Alternative OR The Third
Alternative “The
Third Alternative is widely acclaimed as one of the world’s most original
magazines, containing an exciting mix of extraordinary new fiction, stunning
artwork, in-depth reviews and interviews, fascinating cinema features and
provocative comment columns. Often transcending the traditional divide between
science fiction/fantasy/horror and non-genre literature, its brand of fiction
has earned an unprecedented amount of honorable mentions and reprints in both
genre and non-genre Year’s Best/New Writing anthologies.” Needs:
Interviews (written as prose, not Q&A style-- 3-4,000 words), in-depth
profiles of filmmakers who use fantasy in their films, reviews (book, video,
etc.), fiction: sci-fi/fantasy/horror. Payment:
Up to £30 per 1,000 words (about 4.5 cents/word on publication for First
English Language Rights. Guidelines online: http://www.ttapress.com/publTTAguides.html
Hot
Press “Since its establishment in 1977, HP has consistently rattled the
cages of Irish society and broken exciting new ground in contemporary
journalism. With a deep commitment to music at its very centre, it is also the
essential guide to rock, pop, dance and all the best in contemporary music, both
nationally and internationally.” Needs: Topics include music, current affairs, cinema, sport, books,
fashion, politics, sex and culture. “Submissions of
writing should be marked for the attention of Sheila Convery. These are ALWAYS
welcome but unsolicited manuscripts will NOT be returned. Therefore, please do
not enclose an S.A.E. but keep a copy of your submission instead. Finally,
remember to print your name, address and telephone number (if any) on the piece
submitted so that we can get back to you, if necessary.” Payment: Negotiable. The New Writer “We
are interested in receiving forward-looking articles on all aspects of the
written word that demonstrate the writer's grasp of contemporary writing and
current editorial/publishing policies. This may include interviews and
personality profiles but we are not looking for introspective pieces on 'Why I
Write...' or how to come to terms with writer's block and the rejection slip,
biographies or opinion pieces. Articles should be 500-1,000 words although
features up to 2,000 words and mini-series would be considered if the idea is
submitted initially by letter giving a brief outline. “The 'Vellum' page
offers a rare indulgence for the literary-minded by featuring favourites from
Marlowe and Pepys to Raymond Chandler and Simon Raven but submissions should
concentrate on 'the works of...', rather than 'the life of...'.” Guidelines online: http://www.thenewwriter.com/guidelines.htm
Payment: £20 per 1,000
words on publication for nonfiction, £10 per story for fiction, £3 per poem
Writer's Legal Corner Book Publishing Agreements: It’s arrived-- your first book publishing contract: ten pages of single-spaced Times Roman. All the work, the revisions, the seemingly endless waiting for replies from publishers has finally paid off. And you’re grateful, right? Of course you are. Especially because your editor told you it’s a “standard” contract. “Just sign and send it back,” she said, and you certainly don’t want to begin the relationship on the wrong foot. Big mistake. Book contracts are written by publisher’s attorneys, and are heavily weighted in favor of the publisher (I know, I’ve written several). “But I’ve got an agent,” you say. “Won’t she protect me?” Well, maybe. Agents, however, are former editors accustomed to the common “boilerplate” clauses in publishing agreements. All the major publishers ¾ and most of the smaller presses ¾ use these prototypical provisions. Although agents will get you the best deal within the parameters of these clauses, based on your bargaining position ¾ they won’t challenge the clause itself. (Writers without agents often are told the whole contract is set in stone, that everyone from John Grisham to William Buckley signs the same contract, and that nothing is negotiable. Don’t believe it). In addition, most agents have surprisingly little understanding of the legal terminology in the agreement. Whether you have an agent or not, it’s important that you understand the key contract provisions and their implications. Here are the top seven: 1. Rights. Unless you are “work for hire,” (giving up all copyright) the standard publishing agreement will provide that the author licenses or assigns all “print” rights to the publisher, plus “subsidiary” rights: foreign, book club, electronic, film, audio, drama. Except for print rights, however, all of these are negotiable, depending on your bargaining power. Unless there is a specific reason not to do so, always try to retain as many subsidiary rights as you can. Even first novelists should be able to retain film and foreign rights. Don’t skim over this clause ¾ examine it closely, and, if necessary consult a lawyer or knowledgeable agent if you have questions. 2. Royalties. Obviously always negotiable, this rate will depend on whether the book is paperback, trade paperback, or hardcover, and is generally a sliding rate. For example, a hardcover book might have royalties of 11 percent on the first 5,000 copies sold, 12.5 percent on the next 5,000, 15 percent thereafter (paperback is generally in the six to nine percent range). The key to royalties is not only the percentage but what price the percentage is based upon. Different types of books ¾ nonfiction, fiction, professional textbooks ¾ often use different prices. The alternatives are retail price (list); invoice price (list minus freight); or net receipts (the amount actually collected by the publisher). You must understand the implications of each formula before you can understand your proposed royalty rate. For subsidiary rights (like foreign rights) retained by the publisher, all net receipts should be split equally with the author. Again, consult an expert if you’re confused ¾ don’t rely on the generosity of the publisher. 3. Warranty and Indemnification. These are purely “legal” clause often skimmed over by authors and not fully understood either by agents or editors. These paragraphs set forth the respective responsibilities of the parties in the event of claims by third parties against the book, such as for defamation, copyright infringement, or invasion of privacy. Drafted by the publisher’s lawyers, they often can be overbroad to a ludicrous degree. You should carefully examine what is covered, who is covered, and whether the author’s indemnities take effect merely upon a claim being made (bad!) or upon a final court decision. 4. Front and back matter. In nonfiction books, publishers often require authors, at their cost, to provide “front matter” and “back matter” such as tables of contents and illustrations, indices, and the like, even though the publisher is much better equipped to generate these. This can be negotiated. Be sure you understand your responsibilities and the cost to you (such as paying an indexer) before you sign on the dotted line. 5. Option Clauses. These clauses give the publisher the right to either buy or make an offer for the author’s next book. Best advice: don’t accept any option clause. Most publishers are willing to give on this issue. If you can’t eliminate an option clause entirely, then make sure it imposes no real burden. This can be done by setting up a very limited period during which the publisher may bid on your next book, and permitting you to sell the book to other publishers if a higher offer can be obtained. 6. Revisions and Updated Editions. This clause only applies to nonfiction books, but then it can become paramount. Make sure the clause has a mechanism to determine when the revisions have become so extensive it is essentially a new book subject to a new contract (and more money!), and that the clause puts a cap on the number of revisions in any one time period. 7. Out of Print clauses. I know, you don’t want to think about it, but it eventually will happen. The publisher may lose interest in your book, and you will want to get the rights to the book so you can have it republished. It is critical that “out of print” be defined reasonably, especially now that digital and on-demand publishing can make the literal meaning of the clause obsolete. Ideally, the definition should be pegged to the publisher’s marketing efforts ¾ when the book no longer is in the publisher’s catalog and/or available through major chains, it should be considered “out of print.” It bears repeating¾if
you are unsure about these clauses, ask a knowledgeable expert for help. It may save you from a great deal of grief. Daniel Steven is a lawyer practicing publishing,
media and information technology law in Rockville, MD (www.publishlawyer.com).
He is the author of two novels published by HarperCollins, a non-fiction
book, and a television sitcom pilot. He
has worked as an editor, counsel, and executive at a major publishing house.
He can be reached at info@publishlawyer.com. To read past issues, click here. |
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