[Writer Post] Contracts – The Dance Continues
Okay, so last week, I mentioned some stuff about contracts. Contracts are both the greatest thing and usually a worst nightmare all rolled into to one. Because, let’s face it, about 8 times out of 10, the contract will not be in the writer’s favor. Why? Because publishers, film companies, whoever is writing the contract is covering their…assets and trying to make a profit – like anyone else who’s executing a contract.
Back in February, Jimmy and I rescued a little dog (on my birthday). He’s now made a home with my parents (YAY!), but for a while there we were talking to a rescue group. A rescue group that asked for his tags and all his vet records – when I lost it (just a little), they came back with “Well, if we don’t ask, we don’t get†– there was more indicating we weren’t being Good Samaritan enough but that’s not the point…that’s what the contracts are all about – “IF we don’t ask we don’t get…†But I’m here to tell ya, it does go both ways.
In the past week Night Shade Books has been in the writer news about their potential sale to Skyhorse and Start. It’s a big fiasco of a mess that went way viral. Because Night Shade had some bad business practices that Skyhorse was trying to fix…there ended up being a whole lot of people who had unflattering words for them, the contract, and the digital horse they rode in on. Especially when their tactics included language that said a certain number of authors had to sign off for the deal to go through. Bully move there. Because what it did was pit authors against each other in a contract feeding frenzy – authors with less to lose are trying to get authors with substantially a lot to lose to sign a bad contract.
A BAD CONTRACT FOR ONE IS BAD FOR ALL. There’s an LOL cat going around today that says, “A bird in the hand is definitely going to poop.†That’s this deal. And you know what? They expected the authors to be SO GRATEFUL that they might get the money that was already owed them that they’d overlook all the downstream ramifications – and some are. But…writers aren’t taking it anymore.
I have a story that I was excited to find a potential home for – until I read the contract. And as much as I wanted to sell this story, I couldn’t sign the deal. The terms were too restrictive and too long. I sent a very non-accusatory email about why I couldn’t sign the contract – alternate terms were suggested, but they weren’t much better – and I was sorry. It took me FOUR DAYS (yes, four days) to suck up the courage to do that – because it’s a scary thing to have to do. It’s not railing at a publisher you have no stake in – this is my personal sale and baby. But I did it – because it was the right thing to do.
Too many people and publishers think authors and artists are disposable commodities – like tissues – that can be used and thrown away. There’s always another in the box. We’re all starting to wake up and tell these so-called professionals NO. We’re not tissues. We’re hand-woven, one of a kind, embroidered handkerchiefs that are to be seen for the works of art that we are and the value that we have. We don’t have to take a bad deal just because it’s a deal.
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This is where a competent contract lawyer is not just a good idea, it is an essential part of your business life – just as insurance or IT service agreements are to your work day.
Now I know when you are solo, business or writers, its’ not a subject you first think about; only when the contract is breached do you think about this (and yes, I’ve been on the solo business category and learned the hard way.) But in today’s dynamic business environment, where the power in the contract is with the buyer and not with the seller, a lawyer leverages the difference between a good contract and a bad contract.
Just as you would pay for insurance or IT support, you should have a retainer with a firm you feel comfortable with for contract reviews.