Publishers
Writers have traditionally relied on licensing their works to publishers, who in turn edit, print, market, and distribute the works. Although the Internet and the expanded opportunities for self-publishing have made some inroads, conventional publishing remains the dominant pathway for most writers. There are three aspects to dealing with publishers and other industry professionals (such as literary agents)—protocol, legal issues, and handling the transactions. Various parts of the industry have different standards by which they do business. For example, magazine publishers follow somewhat different practices than book publishers. Understanding how to deal with publishers and agents can help expedite the evaluation of your work and avoid unpleasant situations.
PROTOCOL
While publishers sometimes solicit projects from writers, in most cases it is the writers who approach publishers to solicit consideration of their work. Different segments of the publishing industry follow generally accepted protocols with regard to submissions, although individual publishers often have their own variations. The reason such protocols have evolved is that publishers find they make the process of evaluating submissions more efficient. Failing to follow these protocols will not violate any laws but can impede the evaluation process, to the extent that some publishers will reject a work solely for reasons of protocol. Publishers tend to view writers who understand and follow protocol as more professional and competent and typically look upon their submissions more favorably.
Although protocols may vary throughout the publishing industry, the two most important aspects are that submissions should be readable and should communicate their major ideas promptly and clearly. To understand the importance of these principles, writers should consider the submissions process from the editor’s point of view. Acquisitions editors receive lots of submissions, are constantly reading, and are generally pressed for time. Busy editors do not have time to decipher obtuse or overlong submissions and do not appreciate the eyestrain associated with reading documents that are formatted or packaged poorly.
The primary purpose of formatting when submitting work to an editor is to make it easier to read. Good formatting does not call attention to itself, but instead allows editors to concentrate on the content. Although formatting principles are deeply rooted in the complex arts of typography and design, writers are fortunate because they can get by with principles such as keep it simple and less is more.
Submissions should be made on decent quality white paper and printed in black ink, preferably with a laser or high-quality inkjet printer. The typeface should be a serif font in a medium size. Times or Times New Roman in 12-point are always acceptable. Other good choices include Garamond and Palatino. Courier is still considered acceptable, although it is becoming dated (the variant Courier New is a weak face that should be avoided). Sans serif fonts, such as Arial, and script fonts, such as Kaufmann, should be avoided. Although using boldface to emphasize headings is reasonable, for the most part, writers should avoid using boldface, italics, underscoring, and all caps as means of emphasizing text. Italics are preferred to underscoring when used to describe book titles. Use left justification because it is easier to read than full justification.
Following the rules of style in the Chicago Manual of Style is a good way to subtly show your professionalism. These rules reflect decades of experience in maximizing the readability of written works, and provide guidance on matters such as capitalization, abbreviations, and when to use numerals or spell out numbers. Also, avoid anachronisms made popular by features in popular word processing software. For example, ordinals should not be set with superscripts, but rather be spelled out for values less than one hundred and appropriately abbreviated for higher values. This means that “twentieth” is favored over “20th,” “121st” is favored over “121st,” and “123rd” is favored over “123d.”
Printed submissions should not be enclosed in folders or binders, or bound. Editors prefer to read from loose sheets. It is acceptable to fasten materials with clips or rubber bands that can be easily removed. Never submit original artwork or photographs until specifically instructed to do so. In general, it is best not to intersperse graphics with text. Instead, they should be attached to the back of the submission. When artwork or photographs are important, a good way to include them is to have images scanned and printed using a color inkjet printer. This allows you to print the images to fit on a standard sheet of paper and avoid the risk of losing the originals. However, do not include images unless they are relevant to the submission. Remember, less is more.
Some publishers accept submissions made by email. If you go this route, consult the publisher’s website for specific instructions on what to include and how to format materials. If specific instructions are not provided, follow the same general guidelines for formatting printed submissions. Avoid using XML and HTML code in your emails, because some email systems cannot read them. Do not submit materials as email attachments unless the publisher specifically gives permission. If this is allowed, consolidate your submission into a single file. In other words, do not send separate files for the table of contents, overview, synopsis, and so on.
Writing is obviously a form of communication, so it is amazing that many writers fail to make their points clearly when making a submission. For example, if you are querying to write an article about birdwatching, the lead paragraph should explicitly state that the article will be about birdwatching. Statements about your love of the environment may be personally important and show your sensitivity, but they do not tell editors what you want to write about. Likewise, avoid puffery in submissions. It is fine to state that you believe a nature magazine’s readers will be interested in an article about birdwatching because it will increase their ability to observe nature. It is going too far to state that readers will be enthralled by your exciting rhapsodic prose and their souls will soar as if birds.
Query Letters
Many publishers have guidelines posted on their websites regarding how they should be approached for making submissions. In any case, most publishers prefer to be first contacted through a query letter or email. Never make the first contact with a publisher or editor by telephone. They cannot assess your writing ability until they see your writing, and taking calls from prospective writers is disruptive and creates a bad impression. Query letters should be a single page, in which you describe what you want to write about and your qualifications to do so. The purpose of a query is to ascertain whether an editor is interested in seeing more material. If an editor is interested, he or she will let you know.
The next step following a successful query will depend on the particular market segment for which you are writing. For magazine pieces, the editor will ask that you submit the entire article, although some may extend a contract based on the query alone for nonfiction written by experienced writers.
Nonfiction
For most nonfiction books, editors will ask to see a book proposal. The purpose of a book proposal is to enable the editor to evaluate a writer’s concept of the book, as well as his or her writing ability, without having to go through the laborious process of reading an entire manuscript. This process has advantages for writers as well, since it enables them to get book contracts without the necessity of first writing an entire manuscript.
Book proposals should generally be about ten to forty pages long and should contain the following:
• three- to six-page description of the book, including its scope, potential audience, and similar or related books
• table of contents
• synopsis with paragraph-length descriptions of each chapter
• one or two sample chapters, preferably from the middle sections of the book
• a curriculum vitae (biographical information)
Preparing book proposals is a critical skill for writers of nonfiction books. It is recommended that writers consult one of several excellent books on preparing proposals before sending out submissions.
Fiction
For book-length fiction, editors who are intrigued by a query letter will typically ask to see a synopsis and the first three chapters of the book. The synopsis describes the overall plot and the major characters. In most cases, the synopsis will range from one to three single-spaced pages. The editor will review the first three chapters (or parts thereof) to assess whether the writer has developed talent to the level needed to produce publishable fiction. Editors who are still interested after reviewing the synopsis and initial chapters will ask the writer to send the remainder of the manuscript for final review.
Copyright Issues
One issue involved in submitting manuscripts and sample chapters is whether a copyright notice should be included. As discussed in chapter 4, works are still protected irrespective of whether they contain a notice. The custom in the magazine and book trade is that material submitted to editors does not need to include a copyright notice; some editors are offended by the presence of a notice. In addition, it is felt by some that providing the notice on a manuscript tends to make the writer appear amateurish. From a practical perspective, reputable publishers do not steal manuscripts and most writers are comfortable with not using notices. However, the decision between choosing to follow custom or maximizing one’s legal protection is for the writer to make.
A Final Word about Protocol
Following protocol is important to writers since it creates a better impression. On the other hand, very few editors will reject a worthy work merely because of shortcomings such as minor formatting deficiencies. While writers should try to follow protocol, they should not obsess about it to the point where it becomes a reason for inaction.
IN PLAIN ENGLISH
Protocol Rules
• Submissions should be readable.
• Submissions should communicate their major ideas promptly and clearly.
• Submissions should be formatted properly.
• Keep it simple.
• Less is more.
• Use quality white paper.
• Print in black ink, preferably with a laser or high-quality inkjet printer.
• Use a medium size, serif font typeface.
• Avoid using boldface, italics, underscoring, and all caps as means of emphasizing text.
• Follow the rules of style in the Chicago Manual of Style.
• Avoid anachronisms made popular by features in word processing software.
• Do not enclose submissions in folders, binders, or bind with glue or otherwise.
• Never submit original artwork or photographs until specifically instructed to do so.
• Attach graphics to the back of the submission.
• Do not include images unless they are relevant to the submission.
• If you submit by email, follow the same general guidelines for formatting printed submissions:
• Avoid using XML and HTML code in your emails.
• Do not submit materials as email attachments unless the publisher specifically gives permission.
• Consolidate your submission into a single file.
• Avoid puffery in submissions.
LEGAL ASPECTS OF SUBMISSIONS
The legal obligations of publishers to writers are not extensive, although some exist. Absent a specific contract, publishers are not legally required to review submissions, give them good-faith consideration, respond in a reasonable amount of time, or even respond at all. In some instances, a publisher who accepts a submission with the understanding that it will be returned after review may be liable for the materials if they are damaged or lost. Such situations are known as bailments and exist when a person accepts the property with the understanding that it will be returned, kept until reclaimed, or otherwise disposed of in accordance with the understanding of the parties.
Bailments of submission materials rarely rise to the level of legal disputes because their replacement value is rarely high enough to warrant legal action. Furthermore, the custom in the publishing industry is that publishers are not expected to return materials, such as manuscripts, unless return postage is provided by the writer. The submission of original artwork and photographs can be a different matter, since some works are very valuable. The better practice is to avoid submitting originals if at all possible. Most publishers will accept (and even prefer) digital copies of artwork or photographs over the originals. Failing that, valuable materials should be submitted only after the publisher agrees, and then only with a delivery memorandum that specifies that the publisher accepts the submission on the terms contained in the memorandum, and that materials will be returned promptly and undamaged.
MISAPPROPRIATION
Another concern some writers have is that publishers may steal their ideas by commissioning someone else to write about the same subject or produce a similar work. As a practical matter, reputable publishers do not engage in such activities. Although confidentiality agreements are occasionally used in highly sensitive areas, such as celebrity exposés and sensational crime stories, they are not a standard practice in publishing. Writers who request them for routine submissions are generally not invited to submit their work.
In any case, establishing a case for misappropriation of ideas is very difficult. The law concerning misappropriation of ideas varies among the states, but generally, the elements include that the idea:
• must have been fully novel and original;
• was understood to be for sale; and
• was misappropriated by a party with a fiduciary or contractual duty not to do so.
The requirement for the idea to be fully novel and original requires a fairly high degree of specificity, and deriving something from existing knowledge will suggest a lack of sufficient originality.
For example, as one litigant found out, proposing an idea to a television network for a comedy in which Anthony Anderson stars as the head of a wholesome African American family is not sufficiently novel to support a misappropriation claim, even if the network eventually produces such a program. The reasoning in that case was that given the plethora of situation comedies that feature families, the concept was not specific enough to be novel.
Writers, especially those eager to obtain publishing credits, are sometimes reluctant to negotiate with publishers for more favorable terms. Their most significant fear is that publishers have an abundance of other works to choose from and will seek other projects if a writer balks at an offer. Given the breadth within the industry, there are elements of truth and falsity to this fear. It is true that some publishers look for the lowest cost materials and obtain most of their material from less sophisticated writers. Typically, these kinds of publishers have a readership that is captive, such as trade journals of professional organizations, or that deal with a limited audience, such as some hobby magazines. On the other hand, many publishers face competitive markets, where the quality of content is critical to their success. These publishers generally tend to treat writers more fairly and reasonably. Note, however, that these are merely tendencies. Some trade journals affiliated with professional organizations treat writers very well and some major publishers treat writers very poorly.
When it comes to negotiation, knowledge is power, and it helps to understand industry practices. Organizations such as the American Society of Journalists and Authors and the National Writers Union post information about bad publisher practices on the Internet (see appendix). Writers often exchange information about publishers on Internet forums. This information benefits writers in two ways:
1. it helps them avoid publishers who attempt to implement scurrilous practices, and
2. it lets publishers know that attempting such practices will discourage the best writers from submitting material.
Experienced professional writers know when to walk away from a poor offer and recognize that standing firm on terms such as compensation is essential to making writing a viable business. On the other hand, writers who are breaking into publishing often feel desperate to obtain publishing credits and are more than willing to sacrifice greater compensation. Each writer needs to determine his or her own philosophy, but should give careful consideration to long-term goals. For example, a writer who is trying to become established, with the long-term goal of becoming an independent freelancer, might start by writing for smaller publications that may not pay very much but at least do not engage in practices such as demanding all rights. Once the writer has established some publishing credits, he or she will not feel the need to cave in to unreasonable demands when dealing with publishers of more prominent publications.
One thing that every writer should understand is that no reputable publisher will withdraw an offer merely because a writer asks for better terms. The publisher may refuse to accede to those terms, but there is little to no risk of losing an opportunity to be published merely because the writer asks a question.
Issues concerning such terms should be presented tactfully and professionally. For example, a request for more compensation can be presented by indicating that the writer was hoping for more. Where a writer is confident about the value of a work, a statement about needing a specific amount is not unreasonable.
Copyrights
Irrespective of compensation, the most common abuse of writers comes in the area of copyright, particularly from publishers of magazines and newspapers. It is a common practice among some publishers to demand that the writer transfer the entire copyright in the work to the publisher. This is an abusive practice because it prohibits the writer from reselling a piece or derivatives thereof (which can be an important source of future income) and allows the publisher to reuse or even resell the piece without further compensating the writer. The best way to deal with these issues is to decline to transfer the copyright. As discussed in chapter 4, alternatives, such as licensing the first-serial rights, are usually sufficient to meet the publisher’s legitimate business needs.