Why I rejected my publisher

My heart-wrenching tale of THISCLOSE

If you’ve poked around my site or been a subscriber for a while, you might remember that in November 2011, I received an offer of publication from a regional publisher, with a 2013 anticipated release. (If you happen to remember the name of my publisher, please refrain from naming names. I’ll do the same.*) Like any publishing offer, it was a long time coming.

Three years and two weeks after I started the novel. Two years after I submitted it to the same publishing house the first time (obviously they rejected it, and with good reason). Eighteen months after an editor at the publishing company told me not to bother resubmitting the revised, newly-award-winning manuscript. Almost nine months after I went ahead and did it anyway.

I got the good news at a writers’ retreat and I was so excited to share with my friends there. After seeing other friends have contracts fall through, I’d always vowed that I wouldn’t make any announcements until after the contract was signed. But the contract would be months in coming—in one author’s experience, they had printed books waiting to be distributed before they got the contract signed.

CONTRACT

I went ahead and made the announcement. So many wonderful friends celebrated with me. It was great. (I finished the manuscript I’d just started when I got the good news.)

While we waited on that contract, they assigned me an editor, who happened to be someone I’ve wanted to work with for a long time. They asked me for the “final” submitted version of my manuscript (although editing was at least a year away). They requested an author photo, then a release from my amazing photographer. They needed tax documents. I got it all turned in.

Finally, the contract came in the mail. I held my breath as I opened that big white envelope and read through those pages with my publisher’s name and mine. And I cried.

But they weren’t tears of joy.

(I wrote another novel.) With a friend’s recommendation, I consulted with a lawyer who specializes in contract disputes and intellectual property law. He spent looong billable hours reading the contract and writing me an extremely thorough analysis. And, yeah, it was as bad as I feared.

Worse.

The deal breaker

In the olden days (ten years ago), a book had a fairly short lifespan: a few months to make or break its print run, languish on the shelves a few more months, then the bargain bin, then it went out of print. After a certain period of time “out of print,” the rights to the book reverted to the author. Hundreds of authors who had trade published books revert to them now have those same books for sale forever as ebooks.

Naturally, I was very worried about the possibility of a book never being declared “out of print” because the publisher had an ebook version on the “shelves.” I might never get the rights to my backlist back unless the publisher was feeling very generous. (We actually did reach a minor compromise on this issue, for shared rights.)

But my lawyer was more concerned with another issue, one that I was anticipating, but didn’t think it would be as bad as the reality. The contract demanded the right of first refusal on basically everything I might write for the next 21 years. If I submitted any work anywhere else, it would be deemed accepted by this publisher, and contractually obligated to them first. There was no timeline in the original contract, meaning they could spend three years sitting on my manuscript, before granting me one year to try to find someone else to take it (after which the time frame and rejection process would start over).

/disapprove

In my opinion, the legal term for that clause would be “unconscionable.” For comparison, SFWA president John Scalzi publicly ripped apart a different trade publishing contract with less restrictive clauses (see his points 0, 1, 4, 5, and 6, but STRONG LANGUAGE). Even within the publishing world, these clauses are beyond the pale.

After consulting with my lawyer on how best to proceed with negotiations, I did what I could. I didn’t ask for a single cent more, no advance, no more royalties. I didn’t ask for my audio, film or foreign rights. I didn’t ask for the right to create my own subsidiary works. I pointed out I had four manuscripts all ready to submit to them. I offered options, options I knew other authors had gotten added to their contracts with this company, and options I knew other publishers used. I gave some, and they gave a little.

Ultimately, however, they wouldn’t budge on the most important issue. They did tell me that if I had a book under contract with another publishing house, they’d revise that ROFR clause (of necessity). I didn’t. My contract with this publisher went on hold while I pursued publication for another book. My editor left publishing for law school. I took my publication year, 2013, off my blog and social media profiles. Then the publisher’s name.

The emotional side

Yes, I did cry when I read the contract the first time. But when it came down to it, this was a business decision. There was no way I could sign over control of my entire career for more than two decades. Even if this was to be my one and only chance, if it came down to a choice between never, ever publishing a book, or taking that contract as it stood, I would rather never publish.

(I also wrote another book. I wrote the first draft of this post. Then I wrote a novella.)

The end

I spent literally years holding out for a better contract. I self-published that second novel I wrote since receiving the offer and the novella and a sequel to each. Both novels were named finalists for the most prestigious award in that regional market (being 2 out of 5 of the finalists). Even after all that, I sent a final message to the publisher. I told them I didn’t want to burn any bridges, but I would need to see changes to these clauses of the contract.

They said no.

So I said no.

I did the unthinkable: I walked away from a publishing contract. I rejected my publisher and published myself. I didn’t (and don’t) need a publisher to turn out top caliber books or even get them to bookstores. I didn’t have to sacrifice my control over my career, my vision for my books or my artistic integrity. It was nice to have the external validation of a publishing offer, but in the end, I didn’t need them to share my stories, and the costs of using their services instead of contracting my own far exceeded the benefits, especially when it came to my career. Shockingly, I’ve made almost as much as I would have anticipated making from going with them, and I still have all my rights and control of these books—and my career.

What do you think? What would it take for you to walk away from a publishing contract?

ADDENDUM: I’m not naming the publisher because the principle I’m hoping to get across—that authors need to be careful of contracts and guard their rights, and be willing to walk away from a publisher who won’t do that—is more important than punishing the publisher. 90% of my audience isn’t going to submit to this small press anyway.

Due to an influx of spam, I’ve had to close comments on this post.

Photo credits: CONTRACT—Steve Snodgrass; thumbs down—Striatic, via Flickr/CC

Tomorrow We Spy teasers!

I’m still working on edits for Tomorrow We Spy, but it’s time to start getting pumped for this book! I’ve been living with it for so long—the first ideas came to me as I was finishing I, Spy, so I’ve had it with me over two years.

So, here are just a few of my favorite images and articles I’ve come across while working on this book. Can you wait??

The images below will only show on my website, so be sure to click through to see them!



Wait, what? You wanted me to explain what they mean? <evil laugh> That’s why you read the book 😉

I keep my inspiration images on my For My Books Pinterest board, so if you want a sneak peek inside my projects, be sure to follow it!

Indie publishing one year in

Sometimes, “independence” = “freedom”

Tomorrow will be my book’s first birthday (of course, I uploaded it a few days in advance, and the print version a month in advance for proofs, but I still consider June 5 the “birthday”). When I announced my first novel last year, I wrote about how I feel about indie publishing. Most of what I said there is still true, except that I’m no longer sure I’m interested in working with a trade publisher, and I’ve shifted in my approach to indie publishing (more on that in a minute).

somerville independence day fireworks

The results

This blog isn’t really about my self-publishing journey, but I love seeing hard data out there. So here’s how the first year of indie publishing has gone for those first two books:

  • I’ve sold nearly 1700 copies of I, Spy
  • I’ve given away over 5000 copies of Mr. Nice Spy (so many that I really stopped keeping track).
  • I’ve published four more books—one more novella, one more novel, and two nonfiction books. I haven’t advertised these hardly at all, and they’ve done fairly well considering.

By far, the most successful times I’ve had have been when I ran ads at Bookbub and Ereader News Today—but there have also been random peaks at full price, selling 50 or 100 copies in a day. I originally wrote a novella as a “freebie” to generate interest in the novels (and as a little lagniappe for people who’ve read the novels, if they don’t mind spoilers). The freebie has done well, obviously, spending over six months on the free best”sellers” lists, but I can’t really see a correlation between “sales” of that book and sales of my later books, so it doesn’t seem to have worked in that sense.

A less measurable result has been the response. I’ve had some really great, encouraging feedback (and a few less so; I’ve stopped reading reviews, so I don’t really keep up on them anymore). Having both of my novels named among the five Whitney finalists was a big honor, a daydream possibility that might have idly wandered through my mind once. I did not expect to win, and I didn’t, but that honor has lead to some other positives—I believe it’s helped my print sales through my distributor (though we’ll have to see how returns pan out), and it got me reviews through a local newspaper, even being featured in the print edition.

But in the end, it always comes back to what I knew even before I started publishing: I write because I love it. If I don’t love it, I’ve learned, I need to stop writing for a while. You know, aside from the drudgery of nitty-gritty line edits.

The feels

Oh the feels. As with all publishing, I don’t think anyone’s truly prepared for the emotional roller coaster. One day you’re up because you got a great review or sold another book; the next you’re down because of a bad review or stinking writer envy.

(Stinking writer envy.)

R1-29

Self-publishing has the notable drawback of not having a team of people who’ve at least endorsed your book as good. Though maybe not. It seems sometimes that benefit has probably already had its effect by the time most trade published books hit the shelves. Sales—generally within the first few weeks—are still regarded as the true measure of a book’s worth to a publisher. Sometimes, I fall into that same mentality, like my book’s (virtual) shelflife is over and I failed.

But I haven’t failed. I’ve got nothing but time, and my book isn’t going away unless I decide to kill it. Time is on my side, because every sale for the rest of forever “counts.” Toward, you know, nothing. My wallet. Whatever I want.

But again, the drawbacks and benefits aren’t all so easy to measure as dollar signs. Several times a week, I am either directly or indirectly informed of how bad self-published books are. When I’ve worked on (and paid for) the best book and most professional presentation possible, it hurts to be told that because of the route I chose to take to share my work, my book is automatically bad. Cue that emotional roller coaster.

The future: would I trade publish?

On the other hand, almost as frequently, I am either directly or indirectly informed of something a trade publisher has done that makes me so, so, so glad to not have gone that route. Anything from silly, careless mistakes to blatant disregard for their authors to hearing a trade published author worry about finding a home for their next work reminds me that I never, ever, ever have to do that. (Happy dance.)

The silly mistakes and mistreatment aren’t the biggest reason I’m glad to be indie—and that reason hasn’t changed over the last year. I still retain full control and full rights to my work. I make my editorial decisions, right or wrong. I pick my covers and my designer. I haven’t assigned my copyright to anyone for the next thirty-five minutes, let alone thirty-five years. I don’t need anyone else’s approval or authorization to share my work.

Unfortunately, over the last year, I’ve lost what little faith I once had in trade publishers. Last year, I felt like I was releasing a niche book and hoped to connect with my niche audience. A year later, I honestly feel like I dodged a bullet in not accepting an offer from a publisher (extended waaay back in 2011; more on that another time). I’ve really refined how I see that niche (not quite the one I thought I was releasing to, but pretty close).

More than that, though, I’ve realized that I regard publishing not only from the viewpoint of a businessperson and a writer, but as an artisan.

To borrow an example from another craft, I knit. I love it. A few of the things I’m most proud of are gifts for my family, and when I’m knitting for them, I almost always take the time and the care to undo mistakes, to make things the right way, to get all my decreases leaning the right direction (which is hard because I knit sort of “backwards”). I’m pretty proud of the results:



(Hang on. Have to take a minute to marvel at how much those baby girls have grown up: the one on pink will be 6 next month, the one on purple will be 4 tomorrow and the one on yellow is 1. Man.) (My husband and son are pictured from a couple weeks ago, so just the usual amount of marveling for them 😉 .)

We’ve all seen or heard horror stories of some awful ugly sweater knitted by someone’s apparently half-blind grandma. But does that mean all hand knit items are crap?

Of course not! Would anyone seriously argue that? No! People pay for the privilege of owning and wearing hand knit items. (As a reference, I made a lace shawl very like the above for a niece in December. The yarn cost <$10. I looked up how much people were selling that exact shawl for on Etsy: $100.)

I view my books much like I view these crafts (without the $100 price tag). I’ve taken the care and the time (and the capital) to handcraft the best books I can. People will always deride the acrylic abominations of visually-and-sartorially-challenged (but well meaning!) grannies, but that doesn’t mean that everything hand made is garbage. And people will always deride the unedited drafts that some people throw on Amazon, but that doesn’t mean I should give up or feel like my stuff is garbage because I truly, lovingly crafted each scene and didn’t wait for someone else’s endorsement/permission to share it.

I still struggle for approval, even from myself, but in the end, I realize more and more, I do this for myself. I’m a perfectionist, and I would hand craft these books with care even if no one read them. Getting paid a little bit to share my writing is a privilege. And as I’m only a year in, I hope that privilege will continue to increase with time.

What do you think? How has your opinion of indie publishing changed over the last year?

Photo credits: Fireworks—Matt; masks—MFer Photography; both via Flickr/CC
Knitting photos by me

Review contest winners!

may 14 review contestAuthor Anna del C featured an interview with me on her blog yesterday!

As promised, today is the big day when I get to announce the winners of the review contest!

Drum roll please!

Drawn at random, the grand prize winner ($30 Paypal cash, ARCs of Tomorrow We Spy and True Spy when they’re available) is . . .

Rachel DeVaughn!

And our runner-up prize (ARCs of Tomorrow We Spy and True Spy when they’re available) goes to . . .

Mindy Holt!

THANK YOU to everyone who entered!

Falling in love (with your story) again

Last days to enter the review contest!!

It’s no secret I’ve been flirting with burnout. I’m halfway through the very first revision (i.e. the major work of fixing the story problems, and the frustration of not always knowing how to do that and still working in a vacuum).

But I know what I most need to do: I need to fall in love with my story again.

Here are some ideas I’ve had to help me:

  • Read awesome (and awful!) books in your genre—but not too similar to your story.
  • Reread your favorite parts of your story, the “candy bar scenes” you waited and waited and waited to attack (or attacked first).
  • Make sure you’re not “renovating a condemned novel
  • Rethink your story structure. These things that you think are written in stone—are they really? Do they have to happen this way? Is there a way that’s better for your story, your readers, your genre?
  • Read craft books directly related to the problem areas
  • Take a break and explore other creative outlets—or even menial tasks!
  • Remember your original inspiration. What made you devote months of your life to this in the first place?
  • Write something short and fun, or challenging. See how good it feels to finish something? Don’t you want to feel that way about your novel??

What do you think? How do you fall in love all over again with your story?

Photo by A Klar

Originally posted May 2011

Avoiding burnout

So I set a goal to finish my revisions by May 25th.

Ha. Hahaaha. HA!

I set the goal because I was having a hard time getting motivated. But in this case, a deadline just made my problem worse. I wasn’t having a hard time focusing and working because I was lazy or distracted. I was shirking because I was on the verge of burning out.

Burnout, for me, happens when I push myself too hard just for the sake of being done. I find myself completely blocked. If I do may any progress at all, it’s just throwing something on the page so I can move on and be done with it, often not really improving the problems (or simply noting them and moving on).

I can work quickly, especially when I’m really excited about a story. But if I’m not excited about the story at the moment (or just overwhelmed by it), I need to allow myself to slow down. So I am. I might flirt with a story I shouldn’t be writing if something strikes me. I might just work on my crafts or play the piano, or explore another creative outlet.

How do you avoid burnout?

Photo by Patricia Espedal

Originally posted May 2011

Huge ebook sale!

Today and tomorrow, I’m participating in a huge ebook sale! Spy Noon is on sale for 99¢ and I, Spy is $2.99! As a special bonus, I’m also offering Spy for a Spy at $2.99!

If you hurry, you can even read them in time to enter the review contest and join the street team!

SpyNoon_CVR_LRG ISpy_CVR_MED SpyForSpy_CVR_LRG
$2.99
99¢
$4.99
$2.99
$4.99
$2.99
Amazon 
Barnes & Noble
Kobo
Jordan McCollum store
Amazon
Barnes & Noble
Kobo
Jordan McCollum Store
Smashwords
Amazon
Barnes & Noble
Kobo
Jordan McCollum Store
Smashwords

We’re also giving away an awesome Readers’ Prize Pack ($160 value)!

  • Chic messenger bag for your ereader
  • Handy ereader stand (or I think you can get a regular book stand if you prefer)
  • Fuzzy blanket (choose your own color)
  • Stackable pillow
  • Hot chocolate
  • M&Ms
  • Reading light

Everything a reader needs to enjoy a good book!

Bookmarked Bargains_resized copy

Check out the full listing of over forty books!

Contemporary romance, romantic comedy, inspirational romance (LDS/Christian),
historical romance, romantic suspense

Inspirational fiction (LDS, Christian)

Fantasy/scifi, Young adult fantasy

General Young Adult
Middle Grade

Nonfiction