Contract Law for Indie Authors

Ellis Island Boat Seems Right for Indie Authors Inventing New Modes in the New World

copyright © Caroline Gerardo 2011

Contract law for indie authors:

I believe in understanding how things operate from the ground up.
I am working on two book projects that involve writing contracts.  Allow me to chat about each issue in vague terms as the parties have not all come to the table and finished their after dinner drinks, or poison potions - whatever the result may end.


One project is for an interactive poetry book. The publisher wants me to sign two clauses that I have struggled with for more than a month. First they want me to assume any and all legal liability in the event if or when I am sued. Second they want to serve notice to certain person(s) who have borrowed, profited from, stolen, and sold my copyrighted and trademarked work product. In the first stage of this process I attempted to get "model release" forms from some twenty persons in my life whom I may or may not have written fiction,  yes fiction, protected by the First Amendment, or fictional pieces similar to events in my past.

I have in hand eighteen of the nineteen release forms signed and witnessed. This may or may not cover me should I decide when I am a movie starfish to write a memoir. (I'm not writing a memoir - that is a joke.) The one release I do not have in hand is from the most contentious, litigious, and steal some party.

I have little faith in our legal system. No offense intended to my sister and brother who both practice law. My experience with attorneys is more cordial than my memory of dentists.
I looked into bonding around the issue, but the cost is HUGE. Weighing my possible profits of a poetry hardbound against the dollar amount of annual insurance makes the deal impossible.

Secondarily they want me to  sign an agreement to continue to keep the softwear, technical process and mastermind company name silent.  This is fine with me, but I countered for the E and O insurance to be paid by the publisher. No answer back to date.

If I had an agent who comes across agreements every single day, I would be in a better position to make my best practices choice. What did the Cowardly Lion say, "I do believe in agents?"

 I have read a number of Lexis Nexis cases now regarding First Amendment and have a good idea that if I was filed upon I would 99.9% likely win - but - the big bug on the pickle- legal fees are a terrible cost to pay.

There is another legal publishing question I have to pose to any writers who come upon this post. What klout can indie authors hold over the massive new numbers of torrent sites, stolen books of your copyrighted work? I am now on my third letter campaign with a new ( likely the same company owners) as the last one I found. What success have you had in getting the torrent site to 1. take it down 2. pay you for the loss and the profit they made from advertising and farming all those innocent souls who signed up giving private information to well, yes under the radar types.

I have good recommendations on the following attorneys :
I am thinking of setting up a website : We will help you for FREE to stop the book pirates.
Input PLEASE




Elaine P. English

Elaine@ElaineEnglish.com





Michael A. Kahn

mkahn@brickhouselaw.com



Alan J. Kaufman

alan@kaufmanpublaw.com





F. Robert Stein

rstein@pryorcashman.com





Daniel N. Steven

dsteven@dsattorney.com



David B. Wolf

david@davidwolflaw.com

Buy My Book

Steve Nedelton asks me this morning how have I sold so many books... here is my public answer.

 from: Caroline Gerardo

to: Steven Nedelton

subject: re: Friends

I never pay for ads, submissions, or permission.

Be yourself but be fearless - expect failure but be ready to get up and be better. I'm working on my craft as my number one goal. I write seven days a week - work full time and am sole provider for my family... all that aside I am going to give you some input here and please put your turtle shell on and ears open (I have a desert tortoise who is the dearest).

Focus on three silos at max- you need to budget your time for the number one (writing and family) above.

Pick three different internet tools and one live face to face one.

Buddy up with authors not necessarily same genre ( but you will find kindred make the most sense if they are smart and understand we are not competing with each other).

You need to blog- you need to pour your writing practice warmups in the blog or do reviews of what you adore. Wordpress is fancier I use Blogger just because I'm a loyal Google brander.  Don't bother with writing things that bore you or are negative - people don't want that in short posts. Naysay will drag your heart down.

You MUST change your photo on amazon -it is GREEN and you need a haircut and a relaxed look. The glasses are good you have a cute face but the picture is awful and readers (like everything in the world) judge a book - and the author by its cover. Be you. Its fine to be quirky, authors never dress fashionable.

Think branding - your writing, your presence, your posts, are your whole soul opened for ridicule. Be fearless, I repeat. Link up your silos but don't link all four - link two and two because readers will get bored with "buy my brand." I started using twitter 42 days ago, and just love the flash fiction aspect of writing without self editing, this may not be for you.

Go fill out Listorious with all the definitions and details. You can add- tags. What are your brand's five tags? USE them. Mine are: literary, poetry, fiction, contemporary, books. Yours I'm going to poke here are probably: thriller, spy, nerd, smart, books.

 I don't like Facebook but many authors just love it and sell books there, try it maybe you will be better there than I. I'm on Linkedin and dabble in some writers and filmmakers groups (I've produced before but not where I'm headed today). Linkedin has sold books for me to business people- most authors will tell you linkedin doesn't work for them. Goodreads doesn't sell books but is an easy place to display covers, find those buddies, and read other work to push yourself to grow. Amazon is where your links all need to point to. Amazon sells the largest percentage of paper and ebooks. Amazon slam dunk beats them all. Go look at the big boys Amazon pages Follet Baldessari Crais - they aren't even getting close to what indie authors have figured out: a slick book trailer does not sell your book- content does. The content is you - so be fearless, bleed content, the world is starved for new. God they are so tired of T.V. if you are true to your "brand" you will succeed.

Other methods: indie bookstores go to readings, go to your local library and leave fliers - try different things, figure out what works for you.

I haven't done blog tours- some swear by this and physical tours J A Konrath is a master at the dog and pony show from the back of his car and he blogs about it. He and Locke know how to package and market on a budget with great success.

Authors Den, Agent Query, Bookcountry, a million others find the ones that you like.

Russell Blake said to me yesterday, this is a long haul not a foot race 

Read. Be happy. Pay it forward. Be kind. Let the trolls and negatives roll off like a duck.

Start now.







buy steve's books here:

while you are at it buy Russell's
 better yet buy all my books....

“Publishers stand firm” in quick sand.

Bridge





There is little a traditional publishing firm or independent bookstore can do to fight the flow of the river.

The printed book on paper is not going to burn for kindling to stay warm. Consumers will continue to purchase hardbound and paperback books.

However, it is better to learn to swim with the flow and join in the revolution. Authors need to write well, keep visible with their readers and keep all four legs in each camp. Publish on paper, digital, audio and read in person face to face.

Young readers desire content, they crave new and authors will deliver stories to satisfy. Digital will dominate the market in two years. It is cheaper, faster and more adaptable. New formats are created that include narrative, music, art and interactive qualities. My advice to fellow authors is: be yourself, take risks, and support each other.

There is not a large difference between today’s publishing industry verses the music industry’s fall. The only upside is there are multiple digital formats. When the music industry rolled out the CD they had no idea how easy it would be to copy that piece of plastic. Multiple formats in book publishing naturally slow the tide of piracy, monopolies and big business. Musicians make a living only from live performance today, not sales of records. Stealing of music copyrights seems the norm rather than a crime to teens. The music business (like publishing) was controlled by big extravagant labels that did not allow fresh talent a voice.

I do not want to see my books in Wall Mart but will learn everything about formatting, new digital advances and make my writing better. As a writer I plan to survive.




http://www.huffingtonpost.com/john-mellencamp/on-my-mind-the-state-of-t_b_177836.html

http://www.thebookseller.com/news/publishers-need-stand-firm-against-digital-wylie.html

We are all in for trouble when Steve Jobs and Jeff Bezos sit at a conference table and dictate pricing.

http://www.businessinsider.com/chart-of-the-day-music-industry-sales-2011-2
 
http://www.youtube.com/watch?v=KZazEM8cgt0

Caroline Gerardo Author: ROW80

        Caroline Gerardo copyright April 24 2011

Caroline Gerardo Author: ROW80: I am over my target. I feel happy to report 9230 words this week. Good words. The novel is 93% of my first draft. Working title - LUCKY. Seth is a psycho who stalks a girl, kills another by accident, promotes bum fights for money, lies, takes drugs to dull the pain and becomes a huge success.

The word count is 146223 and needs cutting. I hate editing.
4 plugs for indie authors
1 poem
I finished short flash piece, not certain on title.
The story is about a song writer recluse.
I need to add images.
I exercised every day.
Job was busy and happy got some deals.
All pets and children still alive and kicking.
I am not making big Easter dinner fuss- #writing.
Didn't complete reading books, they are calling but saving as
reading is not on my list for this coming week either.

Goal:
4000 on the novel Lucky
3 plugs for indie authors
Finish flash piece with an image and post.
Exercise 5 days.
Get deals at work closed for a paycheck.
Need to follow back with four magazines that requested the book last week.
Pray, meditate and smile every day.
New writing group Thursday night.