Bring Back “Work for Hire” for Authors
Lawrence LaRose neatly ducked a question thrown at him today while he gave a talk about his 2004 book Gutted—Down to the Studs in My House, My Marriage, My Entire Life at the Rogers Memorial Library in Southampton, New York.
He was asked how well the book was doing. Amazingly he didn’t blink. He didn’t get dodgy-eyed.
Gutted is selling as a used book on Amazon for $1.23.
LaRose’s 1996 book, The Code: Time-Tested Secrets for Getting What You Want from Women–Without Marrying Them, is selling on Amazon for $.30.
He wanted $20 for the hardcover version of Gutted, a few copies of which were available on a table nearby. I offered him $10. He said: ”But you’re an author, too.” (Like I’m supposed to show some sympathy.) I pointed out to him that I could buy the book for $1.23 online! Sold: $10.00!
Cruel and heartless though I may be toward a fellow author, I know he is just learning a lesson that I learned a long time ago—and moved over into the business side of publishing. The retail price of a book is meaningless. There is no money in publishing for the vast majority of authors. Having a book sell more than 100,000 copies is as “difficult as making an NBA team” I read somewhere, and I believe it. My titles sold very well. Maybe his first book did, too, since he smartly spoofed and rode the coattails of The Rules: Time-Tested Secrets for Capturing the Heart of Mr. Right on the publicity circuit and onto a sofa beside Oprah. But just because you sell tens of thousands of copies or even hundreds of thousands of copies, doesn’t mean the big checks will roll in for the author. Not like they do for the publishing house. Read the contract.
What’s an advance against royalties, really? It’s a loan. Something you have to pay back before you see a dime more. Yes, there is the possibility that enough copies will be sold at high enough prices and you’ll receive the maximum royalty, and you may actually manage to “pay back” that loan, but the likelihood is slim, slim, slim. And that’s the way publishers like it. The contract is designed to fill the coffers of the publishing house, not the polka-dotted, porcelain piggy bank of the author.
Here’s what I recommend for authors today. Don’t accept an advance against royalties. (Yippee! A $100,000 advance against royalties! OK, make it $10,000.) Surprise! It’s doled out upon signing the contract, turning in an “approved” manuscript, being published, and (horrors!) reaching the six-month mark after the pub date if the publishing house can get away with it. Get a check upfront as payment in full, and get as much as you can. Say the magic words “work for hire.” You can take less than the $100,000. (What? Give up $100,000?!) Money you have in your hand today is worth much more than money tomorrow.) By the way, the size of the check you are offered will indicate the kind of support your book will get.
Let the publishers do what they want with the book. Give it away, make it a loss leader for another book, sell ads in it, slash the price, ignore it, remainder it. Once you’ve got your money, you can spend it, save it, invest it and get on with your next book. You won’t have to worry about losing your book’s champion when the editor changes publishing houses, you won’t have to sweat the contract clauses that take that dollar you would have earned for each book sold and reduce it to $.15, you won’t have to worry about your “intellectual property rights.” You’ll know what you have. Period. You’ll no longer be a pathetic figure waiting at the end of the driveway in a blizzard, hopping up and down in the cold, waiting for the postman to drive up and hand you that slim white envelope from your publishing company. You’ll be out of the publishing crapshoot.
March 1st, 2006 at 6:54 am
Hi, Lynne.
I feel so STRANGE at the moment! I got a two-book deal from one of the world’s biggest publishers; my editor there was amazing, really fabulous. The whole experience of being published there (William Morrow) was great. So, when my second book, a novel, fails to sell – despite good reviews et. cetera. – who do I blame? Where do I go?
Everyone has been tremendous. Unlike most failed writers I have nothing to complain about. It’s kind of unfair…
On your last post, I can’t believe you offered him ten dollars! On the one hand it seems like cruelty, but then again, it seems like charity too. THAT is the book world. Nuts. It’s just nuts.
John
Note from the Wicked Witch: John has written three books: Intoxicated (pub date March 2006!), Los Ratones and Eating Mammals (won The Paris Review Discovery Prize in 2002). Born in England. Living in Spain. Check out his website. Thanks, John, for dropping by.
March 1st, 2006 at 8:58 pm
Interesting comments over at Mediabistro’s Galley Cat since they mentioned my posting today. And Frank Wilson’s blog Books, Inq picked up on my posting about work for hire as well.
Skip on over to Books, Inq to see the comment left over there by Arthur Gadfly (!) about John Updike never taking an advance. Interesting.
I also think that one of Galley Cat’s commenters, “an agent,” who said that taking the money upfront posed tax problems might be forgetting that most advances are tiny and that most writers have more than enough write-offs to offset the tax implications. Stretching a $10,000, $25,000 or even $40,000 advance over a year or two years or three, rather than getting the cash in hand (when it isn’t much to live on anyhow) makes no sense to me if you want to pay your bills.
Tess Gerritsen, “best selling author,” also checked in at Galley Cat and took issue with my calling an advance a loan. Well, it is true you don’t have to pay it back, but if you “default,” so-to-speak, and do not “earn back” your advance, best of luck with your next contract. And if you fail to deliver a satisfactory manuscript or deliver one at all, a publisher can try to get the advance back! Gerritsen also mentions a “seven figure advance” as if that’s what we all get. Seven figure advance? Fine, spread it out and order the Champagne.
And the third person to weigh in over at Galley Cat, a “publishing exec” said my approach has “a lot of merit.” (Pucker up!)
Head over to Book, Inq.
March 2nd, 2006 at 7:38 am
Just got back from Galley Cat to see if there were any more comments. There were. So here are a few more comments from me!
An editor’s first goal is to “breakeven” on a book. The second goal is to “show a profit.” The third goal is to show a “bigger profit.” That’s it. Bottom line. Publishing is a business. There is a P&L hanging over every editor’s head. That P&L tilts the wrong way often enough and “You’re fired.”
Everyone wants a successful (bigger profit) book, but there are too many books on the conveyor belt at the publishing house for the marketing department to spend much time on an individual book. A press release. Review copies. Quarterly catalog. Done– for the majority of books published.
Author starts dreaming about fame and fortune. Editor is busy with other books on the conveyor belt.
Ten-thousand-copies-sold is often enough, no MORE than enough, for a publishing house to be happy. In fact, very happy.
Result: editor shows a profit; author hasn’t see a dime more than the advance…and won’t. Everyone is on to the next book.
It’s the 10,000 copies here, 10,000 copies there, that are the bread and butter sales for a publishing house, but for the author, it’s dry toast every morning at the breakfast table. “Please, sir, can I have another helping?”
I wrote about this in my posting, A Peek Inside Barnes & Noble…Corporate! Check it out.
March 2nd, 2006 at 10:02 am
All this talk is strikingly similar to the debate that goes on in the photo industry and many other artistic communities too. Artists want to maintain their “integrity” and are incensed at the very concept that all their talent and effort could come down to a work for hire agreement. But the ones that do the work for hire stuff are laughing all the way to the bank!
Note from the Wicked Witch of Publishing: Comstock Images, for example, was a pioneer in the stock photography business. In the 1990′s when Bill Gates and Mark Getty entered the industry, it imploded. Comstock survived for one reason (and was purchased by Jupiter Media for the same reason)–they owned the vast majority of their photographs outright and had photographers on staff. Work for hire.
March 2nd, 2006 at 10:59 am
[...] This post from The Publishing Contrarian has caused quite a stir among bloggers this morning. The author, Lynne W. Scanlon (”the Wicked Witch of Publishing”) asserts that authors should refuse an advance, and point out that advances are exactly that–an advance, or a loan again future proceeds. Her solution? Authors should work as work for hire. She provides a pretty compelling argument. [...]
March 2nd, 2006 at 11:54 am
[...] Bring Back “Work for Hire” for Authors [...]
March 2nd, 2006 at 12:26 pm
Gotta tell you, Lynne, you make my heart beat faster. The book publishing scene inspires love-hate–no, hate-hate–among aspiring authors like me, particularly when what I’m writing is fiction, the great marketing imponderable. Book biz: so subjective, yet oh, so businesslike. I’ll certainly go for the big one-time payoff if I ever get a publisher that interested in a work of mine. The devil is in the expectations. In the meantime, got any empowerment tips on getting the agent lightning to strike?
Note from the Wicked Witch of Publishing: Dave is an “ex-radio wage slave and ad guy in Seattle” who ghosted (with a credit), for hire, Love Someone Today, by radio’s Delilah, for S&S and Jones Radio Networks. He has also been published in Sassy.
March 2nd, 2006 at 1:34 pm
I think this probably makes more sense for new authors, authors that haven’t been subjected to the market and have no idea if they would earn out a traditional advance. It would also give the publisher an incentive to push harder if, after the agreed to fee is paid, everything goes to the house. The author would perhaps gain a benefit by extra exposure from that push, this then could be used for negotiations on the next book.
Note from Wicked Witch of Publishing: Steve’s unpublished book Sand Storm was reviewed in blogcritics.org in January 2006: “…a 24-esque, stomach-clench of a story…” His blog promises to contain author & book news, as well as the “occasional diatribe, rant and tirade.” My type of guy!
March 2nd, 2006 at 5:05 pm
Though success like Dan Brown’s is very rare, he would have none of the millions he currently has if he had ‘worked for hire’. Dan Brown was once an unpublished writer staring at the stone wall that is the publishing industry. If he had listened to all that talk of ‘you’ll never be successful’ and ‘becoming rich as an author is ridiculously rare’, he wouldn’t be where he is.
Maybe it only happens to a select few, but it happens. I’ll take my chances with the advance/royalty system.
Note from Wicked Witch of Publishing: I gambled three times many years ago. I wrote three books in rapid succession and had six more salable ideas ready to go. My books, nonfiction, sold over 600,000 copies. That makes me a best-selling author by anyone’s definition. Does that mean I staggered away from the table, chips falling out of my pockets, and bought a big house in the country? No. I didn’t understand the system. I didn’t understand what went on behind the scenes. Yes, there is a slim chance there will be a grassroots movement toward your book that catapults it into the stratosphere, but you need to understand the odds. They are against you. If you can afford to take the chance, go for it. For some people just getting published is enough. Not for me. More power to Dan Brown.
March 3rd, 2006 at 8:52 am
I would like very much at this stage in my writing career to connect with some publishers or packagers to write nonfiction for hire. I really don’t think I can get it up again to spend months writing another proposal with sample chapters, thinking I’ve got a bulletproof product, do the agent-and-editor query ritual, only to feather my nest with rejections.
Note from the Wicked Witch of Publishing: Peter has written about movies for CineFan, Filmfax, and reviewed laserdiscs for Video Theater, where he served as associate editor (1988-1992). He has also written for “PICO-Laptops and Portables” and “PC Laptop Computers Magazine.” As a computer consultant, he was one of the most popular guests on Los Angeles radio station KIEV’s program “Executive Money.” Crime Magazine describes Peter as ”an expert on the life of actor Nick Adams.”
March 3rd, 2006 at 9:43 am
Coffee cup in hand this morning, I booted up to see if anyone had left a comment for The Publishing Contrarian last night.
Work-for-hire, yes! Work-for-hire, no! Doesn’t anyone sleep?
I also dropped by Galley Cat and found a comment by a publisher that I’d like to excerpt here: “The business transaction is very, very simple: a work-for-hire deal would have to be larger than the advance….” Thank you! YES. Obviously.
If an editor likes your book and smells revenue, he or she will weigh the advantages of a work-for-hire contract. These advantages would include:
Might the editor put a little extra effort into making your book a success because it was written as a work-for-hire? If that happens, that’s just terrific for the publishing house and you–short-term and long-term.
March 7th, 2006 at 10:51 pm
I like your concept but suspect it would fall on a publisher’s dead ear. Michael Allen’s “Survival of Rats in the Slush Pile” will no doubt remain the standard for a good long while and, once past that, kissing Oprah’s ring is the only hope.
May 3rd, 2006 at 8:06 am
What a brouhaha!
June 29th, 2006 at 8:54 am
If I sell my book as work for hire, the publisher now owns all rights to it, correct? Including the characters, the setting, the whole shebang. This would mean as the author I could no longer write in my own series without express permission from the publisher, and worse, they could farm that concept out to other wfh writers. I get nothing? Sounds a bloody raw deal for writers.
Pat
Note from the Wicked Witch of Publishing (TM): Hi, Pat. Thanks for coming by for the first time. I think the amount of the advance offered is an indication of the strength of the commitment an editor has toward your book or series of books. Low advance = low interest, low commitment, low effort to promote. High advance = high interest and a vested interest in the success of the book. Low advance and I would recommend work for hire at perhaps a figure that reflects the amount of work involved in a series. Which would you rather have? A $10,000 advance AGAINST royalties (meaning you don’t see another dime unless the book earns out that $10,000 in the teeny percentages of revenue that accrue to your ledger over the years as each book is sold, less the amount held in reserve for returns, of course, or a $20,000 payment, free and clear. Good luck with L.A. Heat. I see it is being published in a few days by Alyson Books.
June 29th, 2006 at 5:58 pm
Hi Lynne, thanks for your reply. One part of my question was about who owns the rights in a work for hire. In my case I got a one book deal, with a question about there being a book two. Well I just delivered book two (a week ago, so I haven’t heard anything yet) But if I sold book one outright, would I have been able to even write book two? Or book three which is now in the planning stages? Or would the publisher have to ‘hire’ me to write it – at their terms?
I’d love a $20,000 payment, free and clear, but I also want to own my own characters and concept, which I don’t think would happen in a work for hire case.
Note from the Wicked Witch of Publishing (TM) If you did a 100% work for hire, the publisher would own the copyright which would, I believe, include all the characters. I don’t think you can copyright a concept. These are legal questions best answered by an intellectual property attorney.
August 9th, 2006 at 1:24 pm
Hi Lynne,
Im a newbie to the professional writing business, but I’ve always been into writing. I’ve just finished my first children’s book and my first novel which is a vampire novel….yeah. I am at a loss right now, but really encouraged at some of the agents i’ve communicated with regarding the novel. Im at the “query” stage still, but though I would step back and research this business a little more before I move forward. The last agent I spoke with thought the novel was very exciting but would not undertake because he wasn’t representing horror/suspense/thrillers any longer, but very strongly encouraged me to keep writing to agents.
Humm…Im wondering, do I really need an agent, and if so or no, what are the pros and cons and also, since this is my first novel, would work-for-hire be that absolute best choice for me. Of course I want to get paid, and I believe the book would be a hot seller, but obviously I would think that of my own work. But I also don’t want to lose complete rights to my own work also. Any suggestions?
Note from the Wicked Witch of Publishing (TM): Chad, if you can place your book with a literary agent or directly with an editor, do so. You can always sign with a literary agent after you place the book yourself. (Rather easily, I might add.) You also have the right not to sign a contract you don’t like. Remember that the amount of advance offered is an indication of marketing support your book will get. If the advance is small, that’s when I would think about work-for-hire. Of course, work-for-hire contracts should result in a bigger check than the traditional advance.
October 5th, 2006 at 1:30 pm
Hey Lynne, good to hear from you. Great … post!
My book did alright, made it as high as [the top 10] on the NYT list. Stayed on the list for… weeks. That was in spite of my publisher’s very best efforts to botch the release. I had [almost 400] newspapers, magazines, and radio shows contact me for a review copy of my book, and about 5 of them received copies. I was so pissed. I couldn’t get any copies of my own book. I literally had to buy 20 from Amazon to send out to people.
I took an [under $10,000) advance, and didn’t really care because I wanted to work with my editor. I’ll take the bigger advance check. It’s too frustrating otherwise.
October 19th, 2006 at 12:00 am
Bring back work for hire? You’ve gotta be kidding! That’s the one where authors sign away all rights to their intellectual property. Instead, how about revamping the current ridiculous system of over-inflated advances, bookstores over-ordering and then returning books, and cockamamie royalty statements from publishers.
A big advance usually–but definitely not always–signals a publisher’s commitment to a book. I know of several authors who received decent advances, yet whose books didn’t get much attention from their publishers’ publicity departments.
Note from the Wicked Witch of Publishing (TM): Which would you rather have? A $40,000 work-for-hire contract for a first book or a $10,000 advance against royalties and then rely on the marketing expertise of people who have, as you said, too many books with which to deal? Also, there is nothing to prevent including a clause in a work-for-hire contract that specifies “should the book sell xxx number of copies, author will receive a lumpsum of xxx in addition to the $40,000.” If editors believe in your book, you CAN negotiate, though it would take an editor with some authority and courage to break away from the boilerplate contract. Trouble is, editors don’t have any faith in their own marketing departments.
October 19th, 2006 at 1:37 pm
It doesn’t have to be either-or. There is a 3rd way, and probably a 4th, 5th, 6th…
You’re only looking at dollars; there’s also the author’s career to consider. With work-for-hire, the author has no ownership of the work and absolutely no say in how it is promoted and marketed, nor in subsidiary, ancillary & sequel rights. The marketing/promo is going to be done by the same people inhouse, no matter how the author is paid. But if the author retains ownership of the work, she can hire a publicist and/or market and publicize the book on her own–and thus build her career. She doesn’t have that option with work-for-hire.
It’s against an editor’s interest to break away from the boilerplate contract, which of course favors the publisher–the editor’s employer, remember? It takes a savvy author–or better yet, a savvy agent–to negotiate a better contract.
Of course editors have faith in their marketing departments; they’re not going to acquire books that marketing can’t sell. In fact, sometimes marketing nixes mss that editors want.
Note from the Wicked Witch of Publishing (TM): Good heavens, Bella! Most books die a painful death of ”failure to thrive” due to “failure to market.” And how many authors do you know who can part with $2500 to $3000 a month for a publicist to work part-time promoting the book!
October 20th, 2006 at 11:30 am
Lynne:
Smart column . . . and I should’ve read it BEFORE I signed my most recent contract!
Tom Clavin