When Publishers Go Bad: Taking Control as an Author

One of the reasons I was drawn to writing full-time was that it allowed me to decide when I would work, what types of work I would do, and what markets I would pursue. When I was a lawyer, though, partners routinely dumped clients they didn't want to deal with and cases of questionable value on me and my fellow associates. We could never say "no." And it sucked.

As a freelancer, though, I decide which clients I work for (assuming they hire me). No one can force me to take an assignment I don't want. That's part of freelancing I appreciate; I like being able to control who I agree to work for. I've posted before about what you can control, and what you can't as a self-employed writer, but the fact is that some things are completely outside your control.

Like getting paid on time. In 16+ years of full-time freelancing, I've had several dozen clients pay me late--and in a few instances, not at all, despite me following up, using pay-or-die letters. That frustrates me, but in almost every case, I've managed to sell the piece somewhere else. I figure I have to make the best of a bad situation.

Which brings us to today's post. I have a publisher that has refused to pay me my long-overdue royalties for many months. I've repeatedly requested that the publisher honor our contract and given it  multiple opportunities to do so. In short, I've waited. And you know what? The publisher has continued to breach the contract. I still don't have my money, and I'm done with waiting.

So, what did I do? The only thing I can do--namely, rescind the contract, demand all royalties due to me along with a complete accounting--and demand that the publisher immediately stop selling my book as the breach has rendered our contract null and void.

I'll probably have to hire a lawyer to get the money that's owed to me (stay tuned) but in the meantime, I'm taking control of what I can. I just released the book on Kindle. Ready, Aim, Specialize! Create your own Writing Specialty and Make More Money, Second Edition, is a well-reviewed book that is a comprehensive guide who both new freelancers and and those who have some experience but want to take their careers to the next level. It includes more than 20 sample queries, hundreds of online resources, and advice from more than 50 established freelancers. And for a limited time, it will be priced at just $4.99, a discount of 50 percent! Pick it up, if you haven't done so already.

And readers, a question. Have you ever been screwed by a publisher? How did you handle it?

What you Can Control--and What You Can't

Last week, I spoke on breaking into magazine freelancing at the Bloomingdale Public Library as part of the Inside Writing & Publishing series. One of the things I emphasized to the attendees was to focus on the things about their freelance career that are within their control.

Let me explain. You control how much time you spend writing, how much research you do, how polished your query is, and to a degree, how good your writing is. While some people are blessed with innate talent, writing is also a skill that can be developed and improved over time. Marketing ability—identifying, locating, and pitching potential clients—is another skill that must be learned.

But you have no control over whether an editor will buy your magazine article or whether a publisher will acquire your book. While you can improve the odds by studying the market and writing a compelling, timely query, or by finding a niche for your book and demonstrating that you have a rock-solid platform, selling your work is something of a crap shoot.

That’s why I suggest that you worry about what you can control and forget about what you can’t. Let’s say you have a completed book proposal and you want an agent for it. You can’t force an agent to take you on. But you can make a list of potential agents, determine which would be most likely to acquire your book, and research what clients those agents currently represent—and what types of projects they’re looking for. You can check each agent’s website to learn how he/she likes to be contacted, and follow those directions. You can spend time drafting a targeted query letter that will capture that agent’s attention and make the case for why he/she should acquire your manuscript.

But you can’t make an agent love your book. You can’t even make her read your query. That’s why a fall-back plan—one that has elements within your control—is so important. If you’ve been rejected by your top list of agents, you can create a new goal. Maybe it’s to have queries out to your “second-tier” list by month’s end, to research publishers who often work with unagented writers, or to consider POD publishing. Or maybe you decide to take a closer look at your manuscript to see if you can improve it to make it more marketable.

Get the idea? Forget about what lies beyond your reach, like getting a certain editor to say “yes” to you, and spend your time researching and writing the best query or book proposal you can. That alone will increase your chance of success, regardless of what you’re pitching.