Tuesday, January 29, 2008
What's the Average Cost to Have a Lawyer Look Over Your Book Contract?
Q:  I'm in the middle of the submission process to agents. Obviously I'm hoping at least one will want to represent me, but I'm also deathly afraid of making the wrong commitment with the wrong agent (in other words, signing a bad contract). Having a lawyer look over a contract is good advice, but I also fear that kind of expense. Do you know what the average cost would be to have a lawyer look over a contract and what kind of lawyer would you go to? —Anonymous

A: According to WD's legal expert, Amy Cook, if you do decide to hire a lawyer for an agent or publishing contract, be sure that person has experience with publishing law, or, at the very least, intellectual property law. A lawyer who practices in other fields may offer some basic feedback on your contract, but he won't know the ins and outs and is unlikely to understand details that are important to your financial future. Think of it this way: You wouldn't seek the advice of a poet on how to improve and sell your screenplay, right?

"Publishing contracts are very industry specific, so find someone who knows how to properly handle them," Cook says. "You can find a lawyer who fits this bill through your local bar association. Another really great choice for writers are organizations."

Several writers' organizations that offer lawyers who specialize in publishing law are Chicago's Lawyers for the Creative Arts (www.law-arts.org), California Lawyers for the Arts (www.calawyersforthearts.org) and New York's Volunteer Lawyers for the Arts (www.vlany.org), among others. Any one of these groups can provide help or, at the very least, act as a starting point for you.

As far as costs are concerned, hiring a lawyer to review a contract can be pricey, ranging from $300-1000 depending on the lawyer's hourly rate and the contract's complexity. It can be even pricier if you want them to actually negotiate to contract for you, falling somewhere between $500-3000. But if you contact any of the above organizations you may qualify for reduced cost (or even free) legal help.

Ultimately the decision to get a lawyer's advice is up to you. It's always a good idea to have an expert review any binding legal document, but, like all other forms of security, it comes with a price. You just have to decide if it's worth it for your book.

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
1/29/2008 3:11:12 PM (Eastern Standard Time, UTC-05:00)  #  Comments [4] 
 Tuesday, January 22, 2008
Lay vs. Lie (vs. Laid)
Q: Lay, lie, laid—when do you use each?
—Annemarie Valian


A: Don’t forget about “lain,” my friend! All these verbs have two things in common: They begin with the letter “L” and confuse the bejeezus out of many people.

Let’s give this a shot. Lay and lie are both present-tense verbs, but they don’t mean quite the same thing. Lay means to put or set something down, so if the subject is acting on an object, it’s “lay.” For example, I lay down the book. You, the subject, set down the book, the object.

Lie, on the other hand, is defined as, “to be, to stay or to assume rest in a horizontal position,” so the subject is the one doing the lying—I lie down to sleep or When I pick up a copy of my favorite magazine, Writer’s Digest, I lie down to take in all its great information. In both these cases, you, the subject, are setting yourself down. Are you with me so far?

In the past tense, “lay” becomes “laid” (I laid down the law and told her it was inappropriate for her to pick her nose) and “lie” becomes “lay” (She lay down for a nap that afternoon and picked her nose anyway). Yes, “lay” is also the past tense of “lie.” And the confusion doesn’t end there.

To throw you for another loop, “laid” is also the past participle form of “lay.” So, when helping verbs are involved, “lay” becomes “laid” and “lie” becomes “lain.” Grandma had laid the chicken in the oven earlier this morning. The chicken had lain there all day until it was cooked all the way through and ready for us to eat.

Remember: Lay and laid both mean to set something down, while lie, lay and lain all mean the subject is setting itself down.

And now, I lay this question to rest.


Infinitive    Definition         Present    Past    Past Participle    Present Participle

to lay      to put or place     lay(s)      laid     laid                  laying
              something down        
      
to lie     to rest or recline    lie(s)       lay      lain                  lying



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
1/22/2008 11:05:44 AM (Eastern Standard Time, UTC-05:00)  #  Comments [5] 
 Tuesday, January 15, 2008
What is a Blog?
Q: While I've read several sites referred to as "blogs," I'm not really sure what a blog is. What is a blog? —Christopher B.

A: From writers at award-winning newspapers, to magazine editors to your neighbor's teenage son, almost everyone seems to have a blog these days. But ask three people what a blog is, and they'll all give a different answer because blogs have taken on many different shapes and sizes.

According to MerriamWebster.com, a blog (short for "Web log") is "a website that contains an online personal journal with reflections, comments and often hyperlinks provided by the writer." In other words, blogs are easy-to-update sites where the writer is in complete control and posts all of the content.

Blogs are updated frequently, from once a week to several times a day. Entries are typically short (ranging from 50 to 1,000 words) and posted in reverse chronological order. Topics range from politics to sports to dog lovers, but the most successful blogs have very specific, focused niches. For example, Whitney Matheson's Pop Candy blog on the USA Today website focuses on links to pop culture stories she finds on the Web. Cincinnati Enquirer sports reporter John Fay blogs daily on Cincinnati Reds baseball news. And besides this Questions & Quandaries blog, I also have a blog dedicated to the trials and tribulations of being a new father.

Blogging is a very cheap and efficient way to offer your writing up to the masses—even if your masses consist solely of your mother, grandmother and your grandmother's bunko friend. As a writer, it's not only a good way to practice your craft but also a way promote yourself and your work without having to know technical code like HTML, JAVA or any other acronym-sounding computer language.

(Note: For excellent advice on creating a successful blog, check out Maria Schneider's 20 Tips for Good Blogging.)

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.


Blogging | Business | Marketing
1/15/2008 3:21:21 PM (Eastern Standard Time, UTC-05:00)  #  Comments [7] 
 Tuesday, January 08, 2008
Landing Interviews Before Receiving an Assignment
Q: When I cold-call someone to interview them, I feel like a fraud because I think they must be wondering what my real reason for calling is. I have a suspicion this is clear in my voice. Basically, I just seize up and try to rush them off the phone, which isn't doing my writing any good. How does a writer in this position—not having a clear assignment or impressive credentials—best approach this? —Liz A.

A: I've been in the same position several times and have found that cold calling for an interview isn't too different from picking up a stranger at a bar: To find success you must be prepared, open with your best line and hope your voice doesn't crack. Obviously it's much easier to land an interview when you have a contracted article—after all, offering exposure in "XYZ magazine" is a good selling point. But a query letter tenders no guarantee of publication, so you have little leverage.

"Because there's no guarantee, definitely keep the conversation short," advises Guide to Literary Agents editor Chuck Sambuchino, who's interviewed hundreds of sources. "Even tell the professional that you want to keep things nice and short to save their time."

In order to keep it brief, have your key questions ready to go. Be sure to get the must-haves—full name, official title, etc., and then go for the biggest questions.

It's also important to carefully word your questions. With limited time, you don't want to waste any of it on a question that doesn't help your cause. Prepare each question to lead your interviewee toward your desired response. 

"Guide them into saying what you want them to say by being specific, for example, 'I'm just calling because I want to talk to a professional who can tell me if the infant mortality rate is increasing or decreasing in the country, and point to the reasons why, especially the reasons people may not think about immediately.'" Sambuchino says. "Notice I'm not pushing the source toward a "yes" or "no" answer, but merely showing them how I want the question answered. Ideally, the next 60 seconds of them speaking should be filled with key information and solid quotes."

Also, be honest with the potential interviewee. Explain that you're putting together a proposal for "XYZ Magazine" and need to talk to an expert before you submit it. Mention that if you land the assignment, you'd like to call back and have a more in-depth interview. This way they'll give you some time now in the hopes that it helps you get the assignment, which will, in turn, help their chances of getting their name into print.

Keep in mind that even if you do everything right, you may still get rejected—and that's OK. Just like with the stranger at the bar, one rejection shouldn't deter you. There's almost always multiple sources for any topic; you just have to find them. If you're prepared and professional, you have the best chance to succeed.

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 | Interviewing
1/8/2008 8:33:45 AM (Eastern Standard Time, UTC-05:00)  #  Comments [2] 
 Tuesday, January 01, 2008
Happy New Year!
I hope everyone one had a happy and safe New Year's Eve. Q&Q returns with a new post next Tuesday, so stay tuned. And thanks for making WD a part of your 2008 story.

Brian A. Klems and the WD Staff




1/1/2008 8:41:40 AM (Eastern Standard Time, UTC-05:00)  #  Comments [1]