Writers Beware! Protect Yourself

Monday, July 26th, 2010

The writing profession starts off as a private venture. Creating ideas and stories in the privacy of your own home. But those of you who become serious about the work and slowly become more visible the issue of personal protection needs to be addressed.

I cannot emphasize this enough. Eighteen years ago I began working as an editor for Bethany House, but I worked from home. I never considered the need to keep my home address out of the public eye until I had three separate writers show up at my front door with manuscript in hand asking to see me. Very quickly I secured a mail box at a local mail service, changed my business cards, and have never made that mistake again.

I thought it appropriate to discuss a few of the simple steps you can take to protect yourself from your adoring public. I asked Ellie Kay to write down some of the ideas she has used. She started writing books for Bethany House in 1998 as a stay-at-home mom, since that time her platform has grown to national proportions.

“Be as wise as serpents and gentle as doves.” As many of you know, I’m on national, mainstream media weekly (both radio and TV) and I’m so thankful I have these safeguards set up. Before I did this, I was stalked a couple of times!
I would encourage writers to do a few basic security checks:

1) Set up a PO Box – Or use a mail service (like a UPS store) that has a physical address where you can received FEDEX and UPS packages. You should never list your physical address on any promo materials.

2) Set up an Online Contact Form — This uses code that the person will have to enter in order to send your office (or you) a note. Never have your email address listed openly on a website as there are cyber-spiders that crawl the internet, harvesting these addresses and sells them to spammers. If you do list your email, have your webmaster put a space in it somewhere and indicate to the reader that they will have to adjust the script when they mail it. I.E. assistant @ elliekay.com or [assistant at elliekay.com].

3) Set up an Assistant Account — This should be where your online contact form sends mail. Even if you cannot afford a assistant, set up this account. Then, if you feel compelled to respond to fringe people, then your assistant can do it first and there’s another layer of protection.

4) Set up Caller ID – Our phone won’t accept blocked calls. The caller has to leave a message and wait, if their ID is blocked.

5) Do Not Engage — Chuck Swindoll says he never reads an anonymous letter, I take his advice. He said, “If they don’t have the courage to put their name on it, then it’s not worth my time.” The same applies to email, you don’t have to respond or engage a looney. If you get a bad feeling about the person, then do not feel you (or your assistant) has to respond to the fringe. Pray for wisdom and act accordingly.”

Thank you Ellie! Those are excellent ideas. The one about the email is very important unless you want to be deluged by s.p.a.m. I made that mistake in the early 90s and had to change my email address to escape the flood.

In addition, consider setting up your writing business under an LLC (limited liability corporation). This will help separate your personal income from your business income. I did this for our agency at the very beginning. Ask your tax accountant for advice on how to set it up and use it. The easiest book to digest on this subject is Limited Liability Companies for Dummies by Jennifer Reuting.

A couple of our clients have gone a step further and created and S-Corporation (Inc.). This is a much more complicated procedure but has distinct advantages and protections, especially if you get sued. Again, consult experts in these areas before doing anything on your own. The best book I’ve read on the subject is Inc. Yourself by Judith McQuown . Make sure to buy the Tenth edition (published 2004) as the laws changed a few years ago.

If you plan to sell books from your home or office don’t forget to obtain a sales license for your city and state (each city and state have different laws and procedures on this). Why? Because if you sell books to anyone in your state you must collect state and local sales tax. Even if you don’t want to charge tax at your book table, you are still liable for those taxes. Again, this varies widely by state. Just make sure you are doing the right thing where you live.

If there are other idea you have or questions on these issues feel free to post below and I will try my best to help.

Tags: Business, Internet Usage, Writing
Posted in Business, Writing | 9 Comments »

The Shack Gets Sued

Wednesday, July 14th, 2010

Sad news from the LA Times that the author and publishers of The Shack are now in court fighting over the royalty earnings.

Read the entire article here.

Then weep.

Then pray that cooler heads prevail and that it can somehow be kept out of the court system.

The key element to the story, from my agent’s perspective, is that there was not a solid contract in place from the beginning. It started with a hand shake. Then when a big publisher (FaithWords, a division of Hachette) wanted to get involved in distribution a contract was put in place. But the agreement between the publisher, Windblown Media, and the author has terminology that remains unclear. Signing a contract that pays based on net profits can be trouble unless “profit” is defined very clearly. Most book contracts are based either on retail price or on net receipts. Big difference between receipts and profits. Young claims that Windblown has under-reported the profits.

Windblown Media counter-sued and claims that their owners Wayne Jacobsen and Brad Cummings should be named as co-authors of the book because of the work they did back in the beginning of the project.

So Hachette, in a defensive move, had to file their own lawsuit against Windblown Media and William P. Young. Why? Because they have one million dollars they owe to these fellows, but if they send a check, and it is later determined by the other lawsuits that the money was paid incorrectly, then Hachette could be sued. So they very wisely put the money in a judicial escrow account where it will remain until Windblown and Young settle their dispute. In other words, from now on…no one gets paid…until the things are settled by the courts.

What a mess.

Clearly some huge misunderstandings have occurred. Dig even deeper into the article and note that “reserves against returns” is misunderstood. In addition there is dispute over reduced royalties paid on books sold at a very high discount. Both are well documented industry practices and are usually in a contract with clear definitions.

This illustrates why writers need literary agents to help with their intellectual property concerns. This week I have helped three clients unravel their royalty statements. Each case had different concerns and because of what I do I could understand and explain the situation. In one case we are writing a note to the publisher asking for clarification. In another case I think the royalty rate for e-books does not match the contractual rate and thus a note has been sent asking for clarification.

I have seen situations among writing friends disintegrate over editorial and publishing issues. That is why I encourage anyone who is wanting to collaborate on a project that they get a solid collaboration agreement in place as early as possible.

Don’t just shake hands and hope for honorable behavior. We would like to hope for honor and honesty but we are all fallen creatures in desperate need of redemption.

At least consider using a conciliation organization like Peacemakers (click here for the first steps in dispute resolution) before taking anyone to court.

Tags: Bookselling, Publishing, Writing
Posted in Publishing | 10 Comments »

What’s up with Christian Retail?

Monday, May 10th, 2010

Twice in the last 30 days I have been interviewed about the “state of the industry.” The journalist’s questions were insightful and thought I would share some of them with you. My answers have been expanded beyond the original ones since I have more space to work with here.

1. What do you believe to be the most important trend in Christian publishing and why?

This can be a complex question depending on which part of publishing being discussed. The obvious answer is the digital revolution. While e-book sales are still only a tiny percentage of the whole, the foundations being laid today will have long term implications.

In fiction I have been encouraged by the continued diversity in publisher’s acquisitions. While “romance” is king, a great story can still get a chance.

In non-fiction there has been a concerted push by publishers to acquire only those authors with a built-in audience of some sort. This is especially hard for the debut writers who have enormous talent and insight but have yet to construct a personal following. I even had one editor at a publishing house write me the following after I groused about a rejection letter that didn’t square with what I knew about that publisher:

“…it seems we no longer trust the old methods of reading the market, trying to get ahead of the curve on reader tastes and needs, and so forth. Now we have to prove a book’s success in advance, on paper, using mathematics.”

That is a stunning statement but in a sense is not news. If writers have not come to grips with the fact that publishing is a business, then now is the time to do so. Never forget that without a “bottom line” (i.e. profit) the publisher goes away (or they downsize) and everyone gets hurt.

Some will read that and despair. Others will shrug and say, “What’s new?” I think it is exciting that the industry is becoming that much more professional and the demands on excellence, quality, and “big ideas” will only help create better and more successful books.

2. When were you last in a Christian store and why?

In February, while traveling on business, I visited a local Christian store to observe their layout, featured products, and whether our client’s books were in stock. This particular store is part of a Christian retail chain with multiple locations.

The results were mixed. A front-of-store cardboard display was empty of product which was a good for store sales – meaning they had sold out, but signaled to me that their buyer was much too conservative (“stack ‘em high and watch ‘em fly” vs. “keep it low and they won’t go”). Since I did not own that item they missed out on selling one to me.

3. What can Christian stores do to better differentiate themselves from other channels selling Christian products?

Remember that I was in the Christian bookstore business for over a decade and our store received the National Store of the Year award from CBA (The Christian Booksellers Association) in 1989. So while my personal in-store experience is now nearly two decades out of date, I still understand many of the nuances of Christian retail.

My answer to the above question is “Personal service and community building.” The competition isn’t always the online channels. Sometimes it is simply those outlets that choose the top 10 titles to display. Thus product knowledge and personal relationships are the key to customer retention.

We had a Christian store in our area where our family shopped because of a long term friendship we had with its owner. Unfortunately, after 35 years it closed its doors after the city decided to build light rail in front of her location and made it nearly impossible to visit. We really don’t have an alternate store within a reasonable driving distance, which is disappointing in a city the size of Phoenix.

The CBA store is still a powerful customer for the Christian publishing community. But as a whole is losing “market share.” This market share has been shaved by online retailing, big box retailing that siphons off bestsellers, and a general malaise for the specialty retailer. The gift side of the CBA store is where most stores will find their survival because it does not have the competition from online stores. I hear many who are highly critical of the non-book section of the Christian store. Let’s stop that, okay? Let’s consider changing the view of the Christian bookstore to one of a Christian “supply” store or, if you must, a Christian “boutique.” Wherever there are vital and growing churches there are vital and growing Christian stores.

At the risk of sounding out of date I remember that the Christian stores I managed, back in the 80s, served nearly 500 church accounts. Once we counted the number of student curriculum packets we sold in one quarter and were startled to find that we sold 10,000 pieces of student material intended for Sunday School education for children. So while we had some plaques and jewelry and cards and posters and knick-knacks in the store we also had curriculum, at least 3,000 book titles, and hundreds of Bibles.

If you can, support your local Christian store, they serve a vital role as the Supply Sergeants of the Kingdom.

4. Do you own an e-book reader and if so what kind and what are you currently reading on it?

I have owned the Kindle since it was first released (currently using the Kindle 2). I last read a client’s manuscript on it while traveling (uploaded from my computer to the Kindle). In addition I also re-read Phil Vischer’s Me, Myself, and Bob: A True Story after hearing him speak on the topic at a recent conference.

I have resisted the lure of the iPad so far. I plan to wait for the second version to see if some of the bugs get worked out. Unfortunately the “swiping” motion on the screen gives me a bit of vertigo. I find that standing in the Apple Store playing with it gives me a slight headache. So I may never be able to use one comfortably.

Tags: Bookselling, Editors, Proposals, Publishing, Rejection, Writing
Posted in Publishing | 8 Comments »

A Year in Review

Tuesday, December 29th, 2009

This is one of my favorite times of the year. The Christmas glow is still present and since the publishing world is, in essence, on vacation, it is a perfect time to to reflect on the past twelve months.

This was a hard year for many as the economy touched everyone in some way. And yet, despite the ominous cloud of doom and gloom, there were many exciting things to celebrate.

On a personal level our middle daughter was married at the end of June. What a joy to see God at the center of the ceremony. And our oldest daughter had a blast playing keyboards for Alice Cooper (singing “School’s Out”) in front of 50,000 people at the ASU graduation ceremony in May.

On a professional level we had some authors receive wonderful recognition:

• Susan May Warren won the RITA award for best inspirational fiction.
• Margaret Daley won the Holt Medallion award for best short inspirational novel.
• Both Tracey Bateman and Marlo Schalesky won the Christy Award for best Christian fiction in their respective categories.
• John Olson, Pamela Tracy, and Sharon Hinck won four ACFW Book of the Year awards (Sharon won for two different titles).
• I was honored as the Agent of the Year at the ACFW banquet in September.
• Cindy Woodsmall was featured on the front page of the Wall Street Journal and hit #24 on the NY Times bestseller list. She was also featured in segment on Nightline.
• Ellie Kay was featured in two separate segments on ABC’s “Nightline”.

But even more exciting is to see a finished book in print. There is such a long time from idea to contract to writing to publication that we can forget the “birth” itself! Therefore I would like present a list of books published in 2009 by authors represented by The Steve Laube Agency. It is really great to see this list all in one place and to think of the hundreds of thousands of readers who have been inspired by these words. It is truly a privilege to work for such incredible writers.

The books are grouped by fiction, children’s/YA, and non-fiction. They are listed in approximate order of their release starting with January. (Note that in some cases we represented only one of the co-authors or collaborators.)

FICTION

The Someday List – Stacy Hawkins Adams (Revell)

Daddy for Keeps – Pamela Tracy (Steeple Hill)

According to Their Deeds – Paul Robertson (Bethany House Publishers)

City of the Dead – T.L. Higley (B&H Publishing Group)

Play it Again, SAHM – Meredith Efken (Steeple Hill Cafe)

Insight – Deborah Raney (Steeple Hill)

If Tomorrow Never Comes – Marlo Schalesky (Multnomah)

Road to Nowhere (paperback release) – Paul Robertson (Bethany House Publishers)

Everybody’s Suspect in Georgia – Cecil Murphey (Barbour Publishing)

Yesterday’s Embers – Deborah Raney (Howard Books)

Nothing But Trouble – Susan May Warren (Tyndale)

Miss Match – Sara Mills (Moody Publishing)

Enduring Love – Bonnie Leon (Revell)

Certain Jeopardy – Jeff Struecker with Alton Gansky (B&H Publishing Group)

Breathe – Lisa Bergren (David C. Cook)

Above All Things – Deborah Raney (Steeple Hill)

You Make Me Feel Like Dancing – Allison Bottke (David C. Cook)

Worth a Thousand Words – Stacy Hawkins Adams (Zondervan)

Return Policy – Michael Snyder (Zondervan)

The Enclave – Karen Hancock (Bethany House Publishers)

The Great Christmas Bowl – Susan May Warren (Tyndale)

The Hope of Refuge – Cindy Woodsmall (Waterbrook)

Meltdown – Chuck Holton (Multnomah)

Sweet Waters – Julie Carobini (B&H Publishing Group)

Fugitive Family – Pamela Tracy (Steeple Hill)

The Sound of Sleigh Bells - Cindy Woodsmall (Waterbrook)

Bride Backfire – Kelly Hake (Barbour Publishing)

Thirsty – Tracey Bateman (Waterbrook)

Blessed (paperback release) – Lisa Bergren (Berkley)

Guardian of the Flame – T.L. Higley (B&H Publishing Group)

Christmas Lamp – Lori Copeland (Zondervan)

Powers – John B. Olson (B&H Publishing Group)

Christmas Peril: Merry MayhemYule Die – Margaret Daley & Debbie Gusti (Steeple Hill)

Clandestine Cover-up – Pamela Tracy (Steeple Hill)

CHILDREN’S / YA

Sir Bentley and Holbrook Court - Chuck Black (Multnomah)

Sir Kendrick and the Castle of Bel Lione (AUDIO) – Chuck Black (Oasis Audio)

Sir Bentley and Holbrook Court (AUDIO) – Chuck Black (Oasis Audio)

Sir Dalton and the Shadow Heart – Chuck Black (Multnomah)

God Found Us You - Lisa Bergren (HarperCollins)

God Gave Us Love – Lisa Bergren (Waterbrook)

NON-FICTION

Only Nuns Change Habits Overnight – Karen Linamen (Waterbrook)

How Can I Run a Tight Ship When I’m Surrounded by Loose Cannons? – Kathi Macias (New Hope)

The Life of A.W. Tozer: In Pursuit of God – James Snyder (Regal Books)

The Purpose of Man: Designed to Worship - A.W. Tozer, edited by James Snyder (Regal Books)

Marriage 101: Building a Life Together by Faith – Jewell Powell (Revell)

Thrive, Don’t Simply Survive – Karol Ladd (Howard Books)

The Jesus of the Bible – Stephen M. Miller (Barbour Publishing)

Life on Planet Mom – Lisa Bergren (Revell)

American Heroes: In the Fight Against Radical Islam – Oliver North and Chuck Holton (B&H Publishing Group)

Reclaiming Christianity: A Call to Authentic Faith – A.W. Tozer, edited by James Snyder (Regal Books)

Your Jesus Is Too Safe: Outgrowing a Drive-Thru, Feel-Good Savior – Jared Wilson (Kregel)

The Diseasing of America’s Children (paperback release) – John Rosemond (Thomas Nelson)

When God Takes Too Long (Book & DVD package) – Joseph Bentz (Beacon Hill)

LT & Me: What Raising a Champion Taught Me about Life, Faith, and Listening to Your Dreams - Loreane Tomlinson with Ginger Kolbaba and Patti Britton

The Little Book of Big Savings – Ellie Kay (Waterbrook)

And He Dwelt Among Us: Teachings from the Gospel of John- A.W. Tozer, edited by James Snyder (Regal Books)

Thrive: Dare to Live Like God- Kevin Johnson (Zondervan/Youth Specialties)

Soar: Sail into God’s Plan for Your Future – Kevin Johnson (Zondervan/Youth Specialties)

Follow: Walk in the Rhythm of Jesus – Kevin Johnson (Zondervan/Youth Specialties)

Think: Figure Out What You Believe and Why – Kevin Johnson (Zondervan/Youth Specialties)

Lord, I Just Want to Be Happy – Leslie Vernick (Harvest House )

The Well Behaved Child: Discipline That Really Works – John Rosemond (Thomas Nelson)

God is Great, God is Good: Why Believing in God is Reasonable and Responsible – William Lane Craig and Chad Meister, general editors (IVP)

Tags: Book Review, Publishing, Writing
Posted in Publishing | 4 Comments »