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 Friday, November 02, 2007
An Interview With Novel Journey
Hey Everyone, The good folks at Novel Journey were nice enough to interview me and share it with their readers. If you get a chance, stop on by: http://www.noveljourney.blogspot.comBrian
11/2/2007 12:09:55 PM (Eastern Daylight Time, UTC-04:00)
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 Tuesday, October 30, 2007
Hone vs. Home
Q: My niece is always misusing the word “hone” when she should be using “home.” I know the difference, but have a tough time explaining it to her. Can you explain this rule for us? —Carol M.A: No problem at all, Carol. This is a mistake people make all the time. Often people misuse the word “hone” by placing it in sentences where it doesn’t belong, but it’s a simple confusion that can be cleared up by understanding its definition. The verb “hone” means “to sharpen or make more acute,” as in honing a talent. Alfred honed his negotiation skills to buy a new car at a very reasonable price. I hone my abs by doing 100 sit-ups a day. Generally, people drop it into sentences where they should use “home.” In verb form, “home” (as in “to home in on”) means “to move or be aimed toward a destination or target with great accuracy.” The leftfielder homed in on the fly ball. “Forget about the abs!” I said as I homed in on a mouth-watering candy bar. As a simple rule of thumb, if you write the sentence and need the phrase “in on” after the verb, it’s most likely “home.” If not, you probably need to use “hone.” Brian A. Klems is the online managing editor of Writer’s Digest magazine.
Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life. Grammar
10/30/2007 9:00:25 AM (Eastern Daylight Time, UTC-04:00)
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 Tuesday, October 23, 2007
When's the Best Time to Query?
Q: When is the best time to query agents? I've heard different things, like winter is bad, summer is slow, but it's OK in the spring. Is this true?—Kristen Howe
A: Spring, summer, winter or fall—agents are continually looking for good manuscripts. You'll occasionally find one who says that she doesn't buy around the holidays or that she takes time off in June to cart the kids to Disneyworld, but that doesn't mean you can't send your query (or that you shouldn't). And it certainly doesn't mean it won't get a look. "Agents are always working," says Nancy Love, agent at Nancy Love Literary Agency (member of the Association of Artists' Representatives). "There are times when it's more difficult to sell books to publishers (summer because of vacations, around the Christmas and New Year's Holidays because everyone is shopping or away). But agents are always working." In other words, don't let time restrict you. Picking the right moment to query isn't a seasonal issue, it's a personal issue. The best time to seek an agent is after you've polished off your novel (or your nonfiction outline and sample chapters) and done your homework on which agents best suit your work. Brian A. Klems is the online managing editor of Writer’s Digest magazine.
Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life. Publishing | Query Letters
10/23/2007 8:56:43 AM (Eastern Daylight Time, UTC-04:00)
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 Tuesday, October 16, 2007
What is a Kill Fee?
Q: I got a contract for a magazine story that I’m writing, and it makes reference to a "kill fee." What is a kill fee and why would a publisher and/or writer use one?—FrankA: A kill fee what you get if your editor decides not to buy your story after all. For example, say you were contracted to write “Don’t Squash ‘em,” a story about spiders for the National Bug Lovers Magazine. The editor agreed to pay you $1,000 for the piece. You send in the completed work, and the editor reads it over but feels your depiction of the little critters is too far off base for the message of the magazine. He also determines that a revise or edit won’t fix the problems with the piece. You, on the other hand, have done a lot of the work and feel you deserve to get your check. This is where the kill fee comes into play. Most contracts will state a percentage the editor will pay you if the story doesn’t run ( Writer’s Digest pays 25% of the original agreed-upon amount). Once your story is officially killed, all rights to your piece revert back to you and you can try to sell it somewhere else. Maybe Insect Today will love your story. There are any number of reasons why an article will get killed—it doesn’t fit the editorial focus of the magazine, something changes in the world and it negates the timeliness of the article, etc. Don’t take it personally. But go back and look at the original agreement and any comments the editor has supplied, and see what you can learn from the experience. Brian A. Klems is the online managing editor of Writer’s Digest magazine.
Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life. Business | Legal Questions | Publishing
10/16/2007 1:47:10 PM (Eastern Daylight Time, UTC-04:00)
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 Tuesday, October 09, 2007
Novel and Short Story Word Counts
Q. How long is the typical short story supposed to be? How about novellas and novels? Are there guidelines with regard to word count for a first-time novelist? —Molly HeylA. There are general guidelines for each literary category: Short stories range anywhere from 1,500 to 30,000 words; Novellas run from 30,000 to 50,000; Novels range from 55,000 to 300,000 words, but I wouldn’t recommend aiming for the high end, as books the length of War & Peace aren’t exactly the easiest to sell. Agent Lori Perkins of the L. Perkins Agency in New York says it’s much easier to market a first-time novelist’s book if the word count falls between 80,000 and 100,000 words, or roughly 300 double-spaced, typed pages—the average novel length. “One-third of the novels that come into the agency are rejected because they’re too long or short,” Perkins says. “The cost greatly increases on books larger than 100,000 words, so agents and publishers are less likely to gamble on a manuscript the size of a dictionary.” When you’re writing, though, don’t impose word limits on yourself. Let the story flow without interruption. Wait until you finish the first draft to go back and tighten it to a reasonable length. Save every scene you cut, though. It may lead you to another story. Brian A. Klems is the online managing editor of Writer’s Digest magazine.
Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life. Business | Marketing | Publishing
10/9/2007 12:48:36 PM (Eastern Daylight Time, UTC-04:00)
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Ensure vs. Insure
Q: Are “ensure” and “insure” interchangeable?—Anonymous
A: Some stylebooks say yes, and some say no. Are you any less confused? These two words are often used in place of each other, but WD’s style separates them. WD—and many other publications—uses “insure” only when referring to financial insurance policies. After signing a contract with a professional baseball team, Jack decided to insure his pitching arm for $1 million. When the meaning is “to make certain,” WD sticks with “ensure.” It’s my job to ensure that you don’t misuse terms like these. There are some newspapers and magazines, such as The New York Times and The New Yorker, that still use “insure” in both instances, but it’s fairly archaic to do so. Most publications differentiate the two. Brian A. Klems is the online managing editor of Writer’s Digest magazine.
Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life. Grammar
10/9/2007 11:15:46 AM (Eastern Daylight Time, UTC-04:00)
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 Tuesday, September 25, 2007
Do I Have to Live Close to an Agent to Get One?
Q: I live in a small town where there are no agents. Do I have to have an agent in my town or can I get an agent from another town or even another state? Do I really have to meet them in person or can it be strictly a phone and e-mail relationship?—Claira Ketter
A: There’s no rule that says you need to live in the same town, city or even country as your agent. In fact, many authors live several states away from their agents. With technology so advanced (computers and e-mail, fax machines, cell phones that can do everything except wash your car), it’s easy to communicate with an agent from anywhere. Now, while it’s not necessary, I do think it’s important that before signing with an agent, you should meet her in person if possible. After all, this is the person who’s going to be advising you, representing your work and (hopefully) selling it to a publisher. You need someone who feels as strongly about the success of your book as you do—someone who’s willing to fight for it. The writer/agent relationship is kind of like a marriage. I’d sure want to meet the person I’m marrying. Brian A. Klems is the online managing editor of Writer’s Digest magazine.
Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life. Business | Publishing
9/25/2007 1:02:19 PM (Eastern Daylight Time, UTC-04:00)
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 Tuesday, September 18, 2007
I versus Me
Q: I get confused when trying to decide when to use the pronouns “I” and “me.” Sometimes it’s obvious, but other times I just can’t decide. What’s the rule?—Anonymous A: Pronouns can be a little tricky from time to time, particularly “I” and “me,” but all you need to do is follow these guidelines to keep your writing grammatically correct. If the pronoun is the subject of a clause, always use the nominative case, or “I.” I went to the park. After watching a scary movie, I hid under my bed for three days. Whenever the pronoun is the object of the verb or the object of a preposition, you must use the objective case, or “me.” The principal called me to her office. She wanted to talk to me. The same rule applies even if a prepositional phrase contains two or more objects. Doug makes fun of my sister and me for hiding under the bed when we’re scared.Also, if you find that the pronoun is the subject of an infinitive (to be, to hold, to pummel, etc.), use the objective case. My mom needed me to cut the grass. These rules not only hold true for “I” and “me,” but also for all other pronouns. He bought a dog. The dress looked stunning on her. It’s a battle between them and us. Just follow the guides above when you’re having a case of pronoun-itis. Brian A. Klems is the online managing editor of Writer’s Digest magazine.
Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.
9/18/2007 11:47:15 AM (Eastern Daylight Time, UTC-04:00)
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 Tuesday, September 11, 2007
How Do I Get Paid on Time?
Q: What steps can writers take to ensure timely payment? —AnonymousA: This kind of thing happens all the time: writer does job, submits invoice, waits for check, check never shows up, writer buys carton of eggs, Googles editor's home address and, well, you can guess what happens next. There are several things that can slow down or even stop your payment from ever being processed. Sometimes it can be a slip-up on the editor's side. Other times the writer misses a step in the process or has misinformed expectations of when the payment will be delivered. So to make sure you receive your payment in a timely fashion, it's important that you understand the contract and keep things clean on your end. First, be sure that you submit a correct and thoroughly filled out invoice—including name, date, mailing information, social security number/business tax ID, title of project/article and the amount charged. When sending the invoice (typically via e-mail), copy yourself (put your e-mail address in the CC spot). This way you have a record of when it was sent and whom it was sent to. Also, it's important for you to remember that editors don't fully control the purse strings for publishing companies, and accounting cuts all the checks. All accounting departments work a little differently—some pay 30 days from the day the invoice is submitted, some pay 60 days from the publication date of your piece. Before contacting anyone, examine your contract so you are clear on when you should get paid. Once you've established that date, add two weeks before contacting the editor to look for the payment. (The two-week buffer is in case the editor took a couple days to pass it along to accounting and for mailing-time.) If you follow all these steps, you'll save yourself time, energy and headaches down the road. Plus you'll save that poor carton of eggs. Brian A. Klems is the online managing editor of Writer’s Digest magazine. Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life. Publishing | Business
9/11/2007 2:09:56 PM (Eastern Daylight Time, UTC-04:00)
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 Tuesday, September 04, 2007
Can I Use Contractions in my Writing?
Q: I know that grammatically we shouldn’t use contractions at all unless it’s‑in speech, but I see that many nonfiction bestselling authors use them. What are the current guidelines for their use?—HenryA: Contractions aren’t wrong—they’re just less formal than the expanded forms. Using them depends on your audience. They’re far more acceptable today than they were when your grandpa was just a dad, and there’s nothing wrong with contractions in the right context. And sometimes there can be a good deal wrong without them. As you can probably see, Writer’s Digest uses them quite frequently. Our style is to employ conjunctions when they flow naturally and make the sentence smoother. If you’re writing a college term paper or a professional study, however, you should probably avoid them. As for novels, short stories and other forms of writing where your own style is required, it’s up to you whether you can, cannot or can’t use them. Brian A. Klems is the online managing editor of Writer’s Digest magazine. Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life. Grammar
9/4/2007 2:05:43 PM (Eastern Daylight Time, UTC-04:00)
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 Tuesday, August 28, 2007
Multiple Submissions Etiquette
Q: Is it proper to send out the same article to multiple publishers at the same time? What happens if several magazines accept the article?—Casey MaganA: Hmm, did you send this same question to other magazines, too? Sending out the same query to separate publications (simultaneous submissions) gives you more opportunities to get published, but it can also ruin your chances with editors if they know it’s been submitted elsewhere—especially to a competitor—unless they accept simultaneous submissions. With multiple acceptance, it’s easy to burn bridges. As you sign a contract, you’ll find most publishers want first serial rights, or the right to publish the article for the first time in any periodical. If an editor puts in the time to read and accept your submission, she won’t be happy to find out that you’ve sold it to another publication. If you want to submit the same idea to multiple sources, the best approach is to mention it in your cover letter so the editor knows up front. If it’s too late for that, the ethical thing to do is accept the first offer you receive and politely decline the others. To avoid these dilemmas in the first place, refine the query/article specifically to fit the needs of each individual magazine. The theme of each magazine is different. The audience is different. By angling the same idea a little differently for each publication, you’re less likely to run into such problems. Brian A. Klems is the online managing editor of Writer’s Digest magazine. Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life. Ethics | Query Letters
8/28/2007 2:07:09 PM (Eastern Daylight Time, UTC-04:00)
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 Tuesday, August 21, 2007
Accurate Writer's Guidelines
Q: I read Writer’s Digest and keep tabs when they run market listings and I also own a copy of Writer’s Market, but sometimes I go to the publisher’s or agency’s website and its guidelines are different. Which is more accurate?—AngelA: Companies’ websites are likely to be more up-to-date than any listing in a magazine or a book. Writer’s Digest and Writer’s Market (which are both produced by my parent company, F+W Publications)—or any other market listing available—compile lists to give you a n often-needed starting point for your research. But they defintely shouldn’t be your stopping point. It’s hard to find an agent or publisher, and even harder to find one that fits your specific genre. An annual like Writer’s Market makes it easier for you by gathering all the publishers and agents into one reference tool, but time can date some of the entries. You should always do more investigating by visiting the companies’ websites. Publishing companies and literary agencies sometimes find that their needs change and, in turn, they change their guidelines. Brian A. Klems is the online managing editor of Writer’s Digest magazine. Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life. Publishing | Query Letters
8/21/2007 11:35:21 AM (Eastern Daylight Time, UTC-04:00)
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 Tuesday, August 14, 2007
Memoir vs. Autobiography
Q: What’s the difference between a memoir and an autobiography? —Marty
A: In some general contexts, memoir and autobiography can be used interchangeably. In fact, Amazon.com puts them in the same category. But there’s a key difference that publishers use to define each—the timeline covered in the writing. An autobiography focuses on the chronology of the writer’s entire life while a memoir covers one specific aspect of the writer’s life. So, if I chose to write about my complete life up to this point—including growing up in Cincinnati, my time in New York, the few years I spent in Chicago and eventually landing at Writer’s Digest—I’d write an autobiography. If wrote a book about the winter of my sophomore year in high school where I got my tongue stuck to an icy pole, I’d write a memoir. Brian A. Klems is the online managing editor of Writer’s Digest magazine. Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life. Technorati Profile Autobiography Writing | Memoir Writing
8/14/2007 12:37:19 PM (Eastern Daylight Time, UTC-04:00)
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 Tuesday, August 07, 2007
Tracking Queries
Q: What's the most efficient way to track magazine queries? I've been doing it by date on a single sheet of paper, but that seems haphazard. —Ellen Ryan A: There isn’t a “right” way to track queries. You could create a database on your computer. You could write them on napkins and stuff them in a cookie jar. Any method can work as long as you understand how to use it. If you’re sending out submissions by the busload, all that really matters is that you’re organized. For a writer who doesn’t have a system—or has the organizational skills of a bowling ball—it’s a good idea to set up a spreadsheet to track your submissions. There are six major categories that belong in your chart: the article idea, the magazine you’ve sent it to, the editor’s name/submissions address of said magazine, the date you submitted it, the date by which you should get a response and the date you plan to follow up in the event that your query goes unanswered. It should look something like this:
| Article Idea |
Magazine Submitted To |
Editor name/ submissions e-mail address |
Date Submitted |
Date Submitted |
Date Magazine should reply by |
Follow up on |
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It’s these elements you need to remember. And for any magazine that doesn’t give a response within the time it states in its guidelines, give the editor at least one month before checking in.
You can add in extra boxes, of course, such as article accepted/rejected, contract signed, payment received and so on. You could always highlight accepted queries or draw happy faces next to them. Whatever works best for you. Just stay organized. Brian A. Klems is the online managing editor of Writer’s Digest magazine. Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.
Query Letters
8/7/2007 9:22:30 AM (Eastern Daylight Time, UTC-04:00)
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 Tuesday, July 31, 2007
How Do I Get Into Sports Writing
Q: I love sports and have always enjoyed reading my local paper’s sports page. Now that I’m focusing on my writing career, I’d like to join the ranks of those who cover sports. How do I break into sports reporting? –AnonymousA: Sports writing—much like book publishing—is a fairly competitive field. And, while I love to read about my beloved Cincinnati Reds (no matter how badly they stink), I actually don’t know much about the ins and outs of sport reporting. So I contacted Kyle Nagel, enterprise reporter for the Dayton Daily News, to get his take on how to land a sports reporting job, what challenges sport reporters face today, and what exactly “enterprise reporter” means. BK: Your title on the Dayton Daily News website is listed as “enterprise reporter.” What exactly is an enterprise reporter? KN: If you ask 10 different journalism people what enterprise reporting is, you’ll likely get 10 different but relative explanations. To me, being an enterprise reporter means that I’m responsible for coming up with my own ideas for stories that will be unique to the sports section. It’s reporting that doesn’t come from press releases or news conferences but from unique ideas and perspectives. It also informs readers or viewers about trends or issues about which they haven’t heard. BK: How did you break into sports reporting? KY: I signed up for my high school paper in Centerville, Ohio, when I was a junior, and the paper needed a sports editor. It seemed more appealing than school board meetings, lunch menu issues and latest fashion trends, so I said I would do it. And, like many young boys, I grew up watching and playing sports, so an interest already existed. BK: How would you suggest others break into sports reporting? KY: Like most departments and fields, you start at the bottom. Offer to cover the high school game that no one else wants or to write a feature on the soccer player that bores much of the rest of the staff. In general, the sports department is a pretty popular place at news organizations, so there can be plenty of competition. Persistence is key. This includes a willingness to do jobs, cover games or work at times that don’t seem very desirable at first. BK: What are the keys to being a successful sports reporter? KY: Sports knowledge, deadline writing and a flexible schedule. I’m not saying someone who doesn’t like sports can’t be a sports reporter, but you must have at least a basic knowledge of the history, development, lingo and issues involved with the sport you’re covering. Second, much of the writing we do is at night on a tight deadline. Some have said that, with sports writing, every night is election night. When you’re covering a game, you must quickly establish what happened, what was important, why it was important and what it means for the team. Third, our schedules can change daily and hourly, and it’s necessary to work nights, weekends and holidays. We go where the games are, and they happen on every day of every week of the year of every year. BK: As a sports reporter, what’s the most difficult part of your job? KY: Access. More and more, schools and professional teams are limiting the time we can spend with the athletes, who are the backbone of our job. Without talking to the coaches and athletes, there is no news. We can’t just burn the midnight oil and create news, we must interview, interact and build relationships. It’s more difficult than ever to build those relationships with the sports figures because of the limited time face-to-face time. BK: What’s your favorite part? KY: Most sports, of course, don’t happen in the office, so sports reporters often do their jobs from stadiums, arenas, athletics offices or youth fields. Plus, consumers of sports news generally have an intense interest in what you’re reporting, which makes it easy to find passion for the job. Or, if you screw up or have a strong opinion, easy to find 75 e-mails that use some form of the word “moron” the next morning. BK: Any other advice you’d like to offer others who’d like to break into the field? KY: Before you cover sports, you must learn sports—just like politics, art, food or education. You must have a working knowledge of the coaches, athletes, issues, teams and schools in your coverage area on which you can build your own reporting experience. You don’t have to be a trivia whiz ready to win the local Thursday night game at the TGI Friday’s, but you must know the language. BK: Any final thoughts? KY: Sports reporting isn’t all that different from any other kind of reporting. Are we just in the sand box? Sometimes, yes. But we’re also working with the same basic principles every reporter uses: Getting the answers people want to know, should want to know or will want to know. We just often do it while eating hot dogs or drinking sodas in cramped press boxes. Brian A. Klems is the online managing editor of Writer’s Digest magazine. Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Friday as I try to give you more insight into the writing life. Sports Writing
7/31/2007 2:48:18 PM (Eastern Daylight Time, UTC-04:00)
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 Monday, July 23, 2007
Affect vs. Effect
Q: Could you share some insight on the proper usage of the words “affect” and Effect”?—Charlene ClarkA: The misuse of the words “affect” and “effect” is such an epidemic that some folks are considering assembling regional support groups to deal with the problem. But while the words are often used incorrectly, they aren’t as tough to keep straight as you may think. “Affect” is generally used as a verb: A affects B. The eye-patch affected my vision. In this sentence, the eye-patch (A) influenced my vision (B). “Effect,” on the other hand, is almost exclusively used as a noun: A had an effect on B. Acting like a pirate has had a negative effect on my social life.So the basic rule of thumb is that “affect” is almost always a verb and “effect” is usually a noun. There are deviations from this, but when in doubt, stick to the rule. If you need help remembering, think of this mnemonic device: The action is affect, the end result is effect.
Brian A. Klems is the online managing editor of Writer’s Digest magazine. Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Friday as I try to give you more insight into the writing life. Grammar
7/23/2007 3:26:28 PM (Eastern Daylight Time, UTC-04:00)
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 Friday, July 06, 2007
Will My Book Get Published?
Q: I have the first five chapters of a novel written, and I think they’re reasonably good. It would be nice, however, to know if I even have a chance at getting the book published once it’s completed. Is there anyplace I can submit what I’ve written to have it looked over, or should I go ahead and find an agent?—AnonymousA: Hold off on looking for an agent just yet. Many people begin writing a manuscript and, after they’re a few chapters into it, get excited about what they’ve written so far and feel overjoyed about the healthy direction of the plot. But the challenge of writing a manuscript doesn’t fall in the first 10,000 words, where ideas are easier to find than a Starbucks. The challenge resides in the middle and end of the book. That’s the tough part. That’s where you prove you haven’t lost focus or the excitement you developed in the first five chapters. Dedication is what can separate you from the rest, so finish the manuscript and prove you have something of quality. Then an agent is more likely to listen. If you want expert advice on the prose you’ve already compiled, you can find critique services on the Internet and listed in the classified ads of your favorite writing resources (I'm sure that plug will garner some "thank yous" from our ad folks). But carefully research the services and people you’re considering—check credentials and references to make sure they’re legitimate. And make sure you know what you're getting for your money. You don't want to have unrealistic expectations, but you also don't you want to set the bar too low. The more information you have going in, the more likely you are to be satisfied with the results. Also, if you're looking for some immediate feedback, you can hop over to the Writer's Digest Forum and post under the Critique Central section (you can view the Critique Guidelines here). You must be a registered member to post (registration is free). Brian A. Klems is the online managing editor of Writer’s Digest magazine. Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Friday as I try to give you more insight into the writing life. Publishing
7/6/2007 11:01:58 AM (Eastern Daylight Time, UTC-04:00)
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 Friday, June 29, 2007
Will I Get Sued if I Use Real Names in my Memoir?
Q: I am writing a memoir and need to know if I can use real names in the book. I am going to write about some terrible experiences and some don’t show people in a favorable light. Can I use their names? Also, how can I be sure to protect myself from any possible litigation? --Anonymous A: Writing about real people in your life is tricky, especially if you cast them in a negative light. Once you put it into print there’s always a possibility of a lawsuit. Augusten Burroughs, rightly or wrongly, was sued by the family of his psychiatrist for Running With Scissors (the family accused him of making up events to make his book more marketable). According to legal expert (and friend of “WD”) Howard G. Zaharoff, there are two rights you must respect: disclosure and defamation. “The right to avoid disclosure of truthful but embarrassing private facts is the first right,” says Zaharoff. “For example, I am reading John Sandford's latest Prey novel, in which a well-known politician is accused of having sex with an underage woman. She offers proof that she had sex with him by describing two semicolon shaped freckles on his testicles. Unless they are relevant to an important and truthful account you need to tell, I would avoid that kind of disclosure.” OK, I’ll give you a moment to get that mental picture out of your head. But you get the point. Don’t share negative or embarrassing information unless it’s absolutely necessary to your story. It can only hurt you. Back to Zaharoff: “Second, U.S. law prohibits defamation, that is, oral or written falsehoods that hold the subject up to scorn or ridicule. Every negative statement you make about a living person must be true and, ideally, supported by evidence.” Of course, if you say something so awful about a person you will always risk a lawsuit, particularly where your only support is your word. And, Zaharoff notes, that's a costly experience even if you ultimately win, and there is no guarantee you will. So the real question is, How do you tell your story without risking any form of litigation? Disguise the names and biographical data and make sure that no one can identify the subjects from your description. Use a pseudonym if need be. And ALWAYS (it’s in all caps for a reason) talk with a knowledgeable lawyer first. A little cash now can save you a lot of cash in the future. Brian A. Klems is the online managing editor of Writer’s Digest magazine. Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Friday as I try to give you more insight into the writing life. Legal Questions
6/29/2007 1:57:59 PM (Eastern Daylight Time, UTC-04:00)
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 Friday, June 22, 2007
Can I Trust That Writing Website?
Q: Is there a way to verify the legitimacy of Internet-based sites that offer writing classes? How can I check on their standing in the business community?—Cynthia ChengA: Ah, the Internet—where anyone can be an authority on anything. You’re right in wanting to protect yourself, and one easy step is to contact Writer Beware or Preditors & Editors and ask if any complaints have come in about a particular site. Victoria Strauss, a founding member of SFWA’s Writer Beware, also suggests asking the Web site in question for references. “Whoever’s running the courses should be willing to provide a few e-mail addresses” of others who’ve taken the course, says Strauss. “If this request is refused, caution is in order.” Other things to look for on the Web site include full disclosure of the writing teachers and their backgrounds, class topics and fees. Strauss says questionable operations will often omit much of this information. Just the same, if you do use a program that turns out to be a scam, contact both Writer Beware and Preditors & Editors and let them know.
Brian A. Klems is the online managing editor of Writer’s Digest magazine. Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Friday as I try to give you more insight into the writing life.
6/22/2007 3:30:34 PM (Eastern Daylight Time, UTC-04:00)
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 Friday, June 15, 2007
Using Famous Names and Proper Nouns in Fiction
Q: In a work of fiction, what restrictions exist on using the names of professional sports teams, TV networks or real people (e.g., the Los Angeles Dodgers, FOX Network or Rupert Murdoch)?—Jeff StangerA: If your character is a Dodgers fan or loves watching FOX news or happens to walk past Rupert Murdoch on the street and notices that he’s taller than he looks on television, you generally won’t have Alan Dershowitz calling for your head. You can use these well-known proper names in your text as long as you don’t intentionally try to harm that person’s or product’s reputation. Normally you won’t catch much grief for writing neutral or positive words about real people, places and things. It’s the negative press you provide that could be considered trade libel or commercial disparagement—both ugly phrases that could cost you plenty of cash in a court of law. Brian A. Klems is the online managing editor of Writer’s Digest magazine. Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Friday as I try to give you more insight into the writing life. Copyrights
6/15/2007 8:42:36 AM (Eastern Daylight Time, UTC-04:00)
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