Hi,


Today I'm going to let a friend of mine post about Publishing Law. Something I think all writers should be knowledgeable about.


Please welcome, Marion Browning-Baker w/a Ella Quinn.  http://ellaquinnauthor.wordpress.com/  


Thank you!  Enjoy!

Thank you for having me, Denise. I’ve been a practicing attorney for twenty years and have done everything from military prosecution to divorce law. But when I started to write, I became interested in the legal aspects of publishing.  For the past year, I’ve researched publishing and agent contracts. Studied entertainment business law books and taken a class or two.  What I’ve learned is that this area of law, in some respects, is an ever shifting platform.  Both publishing and agency contracts range from very user friendly to legal gobbley-gook. I like the ones that are simple but complete. And although is most definitely buyer beware time, most of us are so happy to have one offered, that we don’t really read or understand them.

When I received my agent’s offer I was so excited I couldn’t keep my heart from thudding and all I wanted to do was sign the contract and talk to her right away. But I did tell you I’m an attorney. So instead, I told her I couldn’t talk to her on Friday, but I was available on Monday. Downloaded the contract, reviewed it and made notes and sent it to one of my CPs who is also a lawyer. By Monday, even though my heart was still pounding every time I thought about it, I had my questions prepared and was able to sign the contract with no qualms. When she got her offer, I returned the favor. I’ve also reviewed publishing contracts, both new and previously signed for other CPs.  It was about then, that I realized very few attorneys were offering contract advice at a reasonable rate.

There are many clauses an author should beware of when preparing to sign a publishing contract. One of them most fundamental is any clause dealing with royalties.  Usually, an author is paid royalties based either on the publisher’s net or gross sales for the book. Gross is preferred. But lately I’ve seen a number of contracts that state “gross after expenses.”  That is problematic. Everyone knows what “net sales” are. But “gross after expenses” is no man’s land and you should make the publisher state with specificity in the contract which expenses they mean. 

Many agents use standards contracts, however, with the rise in indie-publishing, some of the contracts haven’t been revised, either through oversight or for another reason. Again, it’s your purse that can take the hit. Be very careful that you’re not signing a contract that allows your agent to be paid the standard 15% of a book you self-publish. Or at least, go into the contract with open eyes.

I could go on for a long time, but I’d prefer to answer your questions and I’ll be available for the next hour to do so.

Cliches

Clichés can be a real kick in the pants, huh?  They seem to pop up as easy as pie.  Proliferate our writing and we never think twice about it.  When I realized I used them way too much, I had to go back and try to get rid of those nasty little buggers.  That's when I realized I had to start working my brain muscles a bit harder to get the same idea across. 

When I went to check out some files I needed to download for a class I'm taking, I found this little gem in the files section and thought I'd share it with you.  http://www.suspense.net/whitefish/cliche.htm  I don't think the list is complete, not by a long shot but it's a good start.  Then I went to Google and found this one.  http://www.clichesite.com/ 

If you have a word and want to find a cliché that uses that word, try this site.  http://www.westegg.com/cliche/

Have you ever noticed that commercials tend to use quite a few clichés.  For example, the commercial for Binder & Binder comes to mind.  They use "not by a long shot" for their social security disability commercial.

Sometimes those clichés say it best.  So, do we use them when they fit the scene?  I think occasionally a character can use them in dialogue.  Clichés can be that character's identifying trait but even so, you don't want to beat your reader over the head with them.  Using them in narrative?  I don't think that is a good idea at all.  What do you think?

I've seen them used in blurbs and synopses.  When I see them in the blurb for a book, I won't buy the book.  Really, I won't.  It tells me that author threw out the book with very little thought.  Do I want to read a book full of clichés?  No, I want something new, something different.  Sure, it can tell me the same thing as a tried and true cliché but it will be told to me in a new, different way.  

Now, I've read books that twist the clichés.  Futuristic books that don't use them correctly.  Or time travel books where the person is from out time and uses a cliché.  The person hearing it will say something that makes the cliché seem like an odd statement.  For example, "you can catch more flies with honey than vinegar."  The reply is "why would you want to catch flies?"  I've read that particular scene in a book.  Can't remember which one but I think it may have been one by Sandra Hill.  Or you have a character who is trying to use clichés but can't quite get them right.  NCIS uses this technique with Ziva's character.

I think using clichés is a form of plagiarism.  Afterall, they are someone else's words, even if we don't know exactly whose words they are.

Anyone notice how many clichés I used in this post?  <g>  Any other uses of clichés in any way that you can tell us about?  Are they one of your weaknesses when you write?  Do you use them often in your every day speech?  Are there any that are regional?

We’ve been home for about a month.  In that time there have been three wildfires in the area.  The last one was less than one half mile from our property.  My husband and I had been out shopping and we could see the smoke from I-30.  It was in the general vicinity of our property but we didn’t know how close until our son called and told us that the main road was blocked off.  Of course, we went directly home, in case we had to evacuate.  The good thing about living in an RV--we should be able to save the majority of our “stuff” including the RV.  We’d have to get it away pretty fast though.

By the time we got there, the fire was out but it did put a fear in us since this fire and the last one were only one week apart and so much closer than the first fire.  We decided to get everything put up in the RV to make it ready for pullout, like when we’re traveling so we’d be able to evacuate quicker. 

My husband has rearranged our shed.  Putting what he considers important in the bottom storage area of the RV while putting bigger items near the opening of the shed so we can load it into my truck if we do have to evacuate.

The one thing I consider fortunate—our smaller local wildfires aren’t making the news nationwide.  It keeps my parents, especially my dad, from worrying.  I swear he’s the worrier in the family, not Mom.  He gets upset with me when I’m traveling and don’t call and check in with him every night.  Of course, he doesn’t say it, instead he bugs Mom about it and she tells me.  He expects to hear from any of his kids or their families who are traveling whether it’s for work or leisure.

So, imagine what he goes through when a hurricane hits South Carolina where my sister lives, or DC where her son works.  Now, not only is he worried about tornadoes where we live but hurricanes for my sister and her son and now we’ve added earthquakes on the East Coast.  No way am I mentioning wildfires to him.

We fled from Hurricane Ike when it hit Houston.  We packed up the RV and went to San Antonio for a few days (love that city and the bagpipe player).  We didn’t have to worry about losing anything.  Dad didn’t have to worry either because we left with the advance warning.  Okay, okay, we did go RV shopping and bought the 5^th wheel we have now.

I grew up in an area where we got the occasional blizzards, thunderstorms, and floods but no earthquakes, tornadoes, or hurricanes.  Sure, we’d get rain from the hurricanes but overall, the area I grew up in was calm. 

You’re probably wondering why we moved.  The cold and our two story house, with a full basement and attic were getting to be too much for us to handle.  The warmer winter weather and smaller RV are easier for us, less pain and more fun in our lives.

So, do you live in a different area from where you grew up?  Is the weather very different?  Did you consider the weather when you moved?

Vacation Time!

After attending the RWA National Conference in New York, NY I flew back to Reno, NV. My husband’s job on the Ruby Pipeline had finished so we decided to see a few things and visit a friend before we headed back to Texas.

First stop, Yellowstone National Park.

We arrived at Yellowstone, only to find that all the campgrounds were full so we had to stay outside of the park. The next day, when we were again in the park, our daughter sent us a text asking if we were okay. She’d heard that a grizzly had attacked and killed a man who was hiking with his wife. This was the first bear killing in the park since 1986. Even so, we enjoyed our time in the park. Then we drove through the Grand Tetons and back to Nevada. Oh, and somewhere in the park someone stole our BBQ grill. We’re not sure where it happened but it had to be when we parked and hiked a few of the trails.

The park was beautiful, we saw several bison, a few elk, two black bears, and I saw a white wolf. My husband was taking pictures of an elk practically standing in the road. I stayed in the truck and saw the white wolf trot out of the woods, cross the road, and enter the woods on the other side of the road. I grabbed my camera but he was gone before I could get a decent picture of him.

Next stop, visit a friend and fellow writer.

Marlene was expecting us around 2 pm. We got there around 4 pm. Why? Well, we got stuck behind a fender bender in Tahoe, then road construction in Tahoe and over the mountain. I should have done a traffic search before heading out and I’d have known about the construction.

We had a wonderful time visiting Marlene (Paisley Kirkpatrick) and her husband. Ken. They were such gracious hosts and so comfortable to be around that even my husband and Ken, both forced into this contact, had a great time visiting. Marlene’s house is fantastic and Ken’s woodwork—absolutely beautiful. He’s a very talented man. Marlene even gave me a pillow decorated with Gerard Butler! I could have cried. Needless to say, that pillow hasn’t been out of my sight much since she gave it to me.

On our way back over the mountain, we encountered another accident. Unfortunately, this one was fatal. A semi with a tanker and a pickup truck collided. Hazmat was called in for the tanker truck. We saw both vehicles as they were towed away. I’m not sure how anyone could have survived that accident. We waited patiently and my husband talked to the worker keeping the road blocked, which is how we found out that there was one fatality and a possible second one.

Third stop, Death Valley.

This was our second time to visit Death Valley. The first time, it was on fire and we couldn’t get through the park. This time, it was flooded. Truly, I don’t think we’re meant to visit this park. We did get to see Scotty’s Castle this time though and the vegetation was very green from the flooding but we didn’t get to see everything.

Fourth stop, Las Vegas.

We’ve been to Las Vegas many times. So, we pulled into Sam’s Town’s RV park, found our name on the list with our lot number and we were set for the night. We’d arrived after the office closed so the park leaves a paper on the door with the person’s name and lot number. This lets anyone who doesn’t have a reservation know not to take those sites but any other empty site is available.

One thing that we’ve never had a problem with in any campground or RV park is theft. Not this time though. Someone stole our gas can out of the back of the truck. Now, we don’t carry that gas can for us. We have huge diesel tanks with pumps on them in the beds of both of our diesel trucks. No we carry that gas can for other people. If we see someone broke down who needs gas to get to the next exit, we can help them. I guess we helped someone, we just didn’t know it this time and we didn’t get to keep the can.

Fifth stop, Petroglyph National Monument

This was interesting but did require some hiking. The first stop did me in. I’d had a breakfast sandwich that didn’t agree with me and about 1/4 of the way up the hill, I got sick. Since I didn’t want to puke on the petroglyphs or on the trail, I headed back to our truck. My husband managed to do the whole trail. Then we did the next shorter trails together. It’s a quick little circle area, so if you’re ever in the area and want to see a lot of petroglyphs in one are, this is the place to visit.

Sixth stop, Carlsbad Caverns

All I can say is that I’m glad it was caverns because everything above ground had been burnt. The entire drive to the canyons was blackened. The scenic drive roads off the main roads were closed. We enjoyed visiting here, it was nice and cool but when I went into the Caverns my hair had a nice curl going on, it was a frizzy mess when I got back to the surface though. My son wouldn’t have been able to see the Caverns. He’s terrified of elevators. The elevator ride is 750 feet and takes one minute.

One question the man asked when we got our tickets—have you been in any mines or caves in the east in the past six years. I had to think about that since we do so much traveling. The answer was no but I did ask him why. He said it’s due to the white nose syndrome found in bats. I’d read a bit about it before going to the Lovelock, NV cave but didn’t realize humans could carry the disease. This syndrome has killed more than one million hibernating bats.

Seventh stop, Home

Finally, we arrived in Texas. I was exhausted and ready to hibernate for about a week. Not that I actually got to do that but thinking about it was pretty darn nice. Even though we traveled and saw a good bit of the US, the best part was spending time with my husband. It's nice to not be in a hurry to get anywhere. Just cruising around, doing what we wanted, and stopping to explore whatever caught our attention on our way home.

So, did you take a vacation this year? Was it exciting? Any thing special happen?

RV Living Mishaps

I thought I might cover some of the things that have happened while traveling in our RV.

The worst thing that happened in our new travel trailer was a water heater leak. It soaked the carpet in our bedroom. What was even worse was the under the bed storage area also got soaked. Everything had to be pulled out and set out to dry. Since the travel trailer was small and we didn’t have much room to lay things out, it was a bit messy.

The worst thing that happened in our first 5^th wheel was an air conditioner leak. This was the reason we traded it in on the 5^th wheel we have now. One of the reasons this was an issue was the ceiling was covered with that stuff that looks like carpeting. I didn’t like the stuff when we bought it and once it got stained it was time to go. Okay, so I wasn’t going to try to remove the stain, sue me. We also had an issue with the air conditioners and duct work. The insulation had fallen down into the venting and the air conditioners were working hard but couldn’t cool the RV. The tech we had come and look at the air conditioners said the venting couldn’t be fixed.

So far, the worst thing in our new 5^th wheel was when my husband forgot to put the steps up and pulled out of a gas station and the steps caught on a huge metal pillar. We didn’t even dent the pillar but it sure twisted our steps. We had to replace the steps but the new ones are sturdier than the old ones so it was a great change.

Some of the problem areas:

1. Leaving the awning out and leaving the RV for the day or going to bed with it out. When the wind picks up it can create havoc with the awning. Or like someone found out this past winter—awnings aren’t made to support snow. We haven’t had this happen because we rarely put our awning out. I’m a wimp and hate sitting outside in the heat during the day or in the evening with the bugs.

2. Forgetting to do a walk around every time before you pull out. This is how we lost those steps. We had our grandson with us and Kevin had put the steps down so I could go in the RV and change Warrick’s diaper. Then we went into the little store and got Warrick some candy. By the time we got in the truck, we had forgotten that the steps were down and we hadn’t locked the RV door. Luckily, we were traveling with a friend and he and Kevin managed to pull the steps back into place enough to put them up so we could continue on our way. Without Kevin’s friend being there with his truck, RV, and tools I’m not sure if we could have gotten back on the road. What we were carrying wasn’t enough and I’m not strong enough to do what our friend did.

3. Not knowing how big of a truck you’ll need to pull an RV. Those old RVs were really heavy and the first one we bought was way too heavy for the Ford F-150 we had. I swear, we were popping wheelies as we tried to go up a mountain just outside of Morgantown, WV. The new RVs are much lighter but people still tend to want to buy a bigger RV than their present vehicle can actually pull. Some salespeople will address this issue.

4. Not being aware of how much it can cost to get towed if you happen to break down. We broke down outside of Flagstaff, AZ on our way back to Nevada in April. We managed to get to the next exit but there weren’t any services. It took several phone calls to find a tow truck that would come and get us. Several of the companies I called refused to consider coming that far out of Flagstaff to get us. Add in the fact that we would both need a ride in the tow truck and that we were pulling an RV—well, not all tow truck companies can handle it. That tow to the closest RV park cost us $375. If it hadn’t been for my smart phone, I’m not sure how long or how many 411 calls it would have taken before I found a tow truck company.

5. Not knowing how to use all the features of the RV. Kevin has his areas of expertise and I have mine which we’ve accumulated over years of traveling and living in RVs. Make sure the seller shows you everything about it. Ask questions.

Denise Pattison

RV Living

Have you ever thought about chucking it all and living in an RV? Well, that is my life. I live in a 40 foot 5^th wheel. Here is the floor plan for my home: Heartland Bighorn. You can check out the site to see what the interior of my home looks like. It’s not your typical family camping RV.

I have a stacking washer and dryer, both Whirlpools. I consider this a must when we’re traveling since I hate looking for a laundry to wash my clothes. Especially after our time in southwestern Kentucky where I had to drive forty-five minutes to the closest laundry, that was before we bought the 5^th wheel and only had a travel trailer which didn’t have the space for a washer and dryer.

Yes, we have a special truck to pull the RV. My husband has a 3500 Chevy Silverado HD with a Duramax engine and an Allison transmission. It’s also a dually which makes pulling the RV much easier. Instead of a bumper hitch we have a 5^th wheel hitch in the bed of the truck.

This past winter, while in northern Nevada, we bought a specially fitted tarp which buttons onto the bottom of the RV. It works like skirting on a mobile home keeping the floor of the RV a bit warmer during the winter.

Two months ago we bought a Tempur Pedic California King mattress to replace the one we had in the RV. Our bed is on a platform which can be lifted at the bottom. This provides us with a huge, easy to access storage area. I keep extra sheets and blankets in there, along with suitcases and outerwear. My husband requires several different outwear sets of clothing, depending on what part of the country his job happens to be in.

Instead of depending on the RV parks to provide us with cable TV, we take our own satellite and receiver with us. We have a big flat screen TV in the living room and a smaller flat screen TV in the bedroom. We also have two DVD players and a stereo. The speakers for the stereo are throughout the RV. We still have the capability of receiving cable TV, if it’s provided by the RV park so we can get local channels.

There have been times in our travels that I’ve not been able to get any internet in the RV parks. While in northern Colorado, I had to drive to the library to use their internet. However, I now have an AT&T internet card. It doesn’t work everywhere but it is a good back up. Trust me when I say that rural America doesn’t have the 3G capabilities that are taken for granted in the larger cities.

Unlike many RVs, our bedroom is completely separate from the bathroom, with a wall and a glass paneled door. There are two decorative glass panels on both sides of the door. I absolutely love that separation.

There are two air conditioners, one in the living area and the other is in the bedroom both in the ceiling. The one in the living area is vented, which means the cool air is pushed through vents in the ceiling throughout the RV. However, the bedroom air conditioner is needed because we like to keep the bedroom very cool for sleeping. A fantastic fan is located in the kitchen area, in the ceiling. When it’s too cool for the air conditioner but too warm to be comfortable, we can open a few windows and turn on the fantastic fan. It pulls the cool air into the RV, along with those smaller gnats slipping through the screens. The only unpleasant part about using the fantastic fan is it also pulls the odor up from the black tank (where the sewage goes). One of the saving graces about having the throne room separate from the sink and shower is the odor stays contained.

The best thing about living in an RV—housework doesn’t take very long. The worst thing—not much storage, if you happen to be someone who collects anything. Living in an RV makes you pare down what you need to live. Only the essentials, ma’am, but you can add a few extras due to the extra storage space found in a 5^th wheel. It’s called basement storage and is underneath the RV, accessed from the outside.

Our RV has two kinds of window dressings or blinds or shades (whatever you want to call them). When they are both down, it’s considered a “privacy” shade. When that one is up and the other one is down, it’s like having sheers behind the drapes in your house. You can see out, even so no one can really see into the RV due to the tinted windows. Of course, just like in a house, if that shade is the only one down in the evening and the lights are on, people can see inside. These shades are also on the bedroom door and the glass panels beside the door.

Our RV has two kinds of window dressings or blinds or shades (whatever you want to call them). When they are both down, it’s considered a “privacy” shade. When that one is up and the other one is down, it’s like having sheers behind the drapes in your house. You can see out, even so no one can really see into the RV due to the tinted windows. Of course, just like in a house, if that shade is the only one down in the evening and the lights are on, people can see inside. These shades are also on the bedroom door and the glass panels beside the door.

My husband’s favorite toy is the central vacuum. My favorite is the kitchen faucet, it sprays with the touch of a button and pulls out so I can spray wherever I need to spray or make it higher for larger dishes. The stove has three burners and the oven is small but there is a convection/microwave so most things are easy to cook. With only two of us most of the time, I don’t need anything bigger. I do quite a bit of slow cooker recipes especially in the summer because it keeps the heat down. Have you ever cooked a ham in the slow cooker? Awesome! We also grill quite a bit.

We’ve replaced the living room furniture with five recliners and three of them are rocker recliners which are my favorites. With the ease of lifting the backs off the recliners we can stack them off to the sides so we can pull the slides in when we’re ready to hit the road.

What’s great about staying in most, not all, RV parks? One fee usually does it. Once we pay the rent we have access to whatever the park offers. Showers, swimming pools, hot tubs, playground and recreational area are all free to use. Each park is different. Some parks will charge extra for electricity if staying longer than a week. Of course, propane which is used for cooking and the water heater are costs the RV owner pays. Water, sewage, and garbage are all included in the rent.

If you’re thinking of getting rid of your house and hitting the open road in an RV, of any kind, you need to do your research. Decide what kind of RV you want and what features are the most important. Don’t settle because the sales jerk is pushing you, look around, sit in it, picture yourself in it, then make the crucial decision. It’s not for everybody but for some of us, it’s a perfect lifestyle.

Denise Pattison