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Archive for July, 2009

Volunteer at Worldcon for the dealer’s room, autographs, or the SFWA suite

Monday, July 6th, 2009

Anticipation, the 67th Worldcon, will be held from August 6th – 10th in Montreal. SFWA is looking for volunteers to help out in three different areas.
Anticipation logo

The Dealer’s Room
Once again, SFWA will have a table in the dealers room. SFWA will be selling books, T-shirts, and memberships at the table. We need SFWA members to help staff the table when the dealers room is open. If you can volunteer some of your time, whether an hour here or there, or longer, we’d love to have you help out. We know that you probably don’t have your panel schedule yet, but feel free to express your interest and we can work out the details of what shift is convenient for you after schedules are sent out.

Dealers Room hours are: Thursday, 1-7, Friday-Sunday 10-6, and Monday 10-4.

Autographing
In addition to working at the table in the Dealers Room, SFWA would like to have authors agree to sit at the table and sign autographs. Again, at this time, just let Steven know if you’re available and willing and we can work out a specific time once you have your schedule in place.

SFWA Suite
Finally, SFWA will be hosting the SFWA Suite once again. If you can help out in the suite, let us know your willingness and availability.

So, if you’re going to be in Montreal, please visit our volunteer center and sign up to help SFWA with one or more of the volunteer opportunities:

Dealers Table http://tinyurl.com/sfwadealers
Autographing http://tinyurl.com/sfwaautographs
SFWA Suite http://tinyurl.com/sfwasuite

MODEL CONTRACT: HARDCOVER

Sunday, July 5th, 2009

1989

This contract was written under the direction of the SFWA® Contracts Committee. The model or sample contracts have been written as a guide to writers in understanding common publishing contracts and to help them negotiate better contracts. They are not intended to be used as boilerplate contracts by publishers, writers, or agents, nor should such use be cited as being SFWA approved. These contracts have been written by writers for writers, and are for educational purposes only. As with any legal document, you should consult a lawyer for exact interpretations of law. Advice herein is not intended as legal advice or the practice of law. Some model or sample contracts are badly in need of revision or updating. As part of its ongoing efforts to educate writers about publishing contracts, the Contracts Committee periodically writes new sample contracts or updates old sample contracts. Address comments or suggestions to the Chair, SFWA Contracts Committee.

AGREEMENT

made this ____day of _____, 19

between          , whose residence address is (hereinafter called
the Author); and

whose principal place of business is at (hereinafter called the
Publisher);

WITNESSETH:

In consideration of the mutual covenants herein contained, the
parties agree as follows:

1. GRANT

The author hereby grants and assigns to the Publisher the
exclusive rights to publish in the English language in book form
in the United States of America, its territories and possessions,
in the Philippine Islands, and in Canada, a Work now entitled
(hereinafter called the Work), which title may be changed only by
mutual consent in writing. All other territory (except the
British Commonwealth, not including Canada but including the
Republics of South Africa and Eire, the British Trusteeships and
Rhodesia) shall be an open market for the sale of English
language copies of the Work published hereunder in the United
States.  

2. REPRESENTATIONS AND WARRANTIES

The Author represents that he is the sole proprietor of the Work
and that the Work to the best of his knowledge does not contain
any libelous matter and does not violate the civil rights of any
person or persons, does not infringe any existing copyright and
has not heretofore been published in book form. The Author shall
hold harmless and indemnify the publisher from any recovery
finally sustained by reason of any violations of copyright or
other property of personal right; provided, however, that the
Publisher shall with all reasonable promptness notify the Author
of any claim or suit which may involve the warranties of the
Author hereunder; and the Author agrees fully to cooperate in the
defense thereof. The warranties contained in this article do not
extend to drawings, illustrations, or other material not
furnished by the Author.

3. DELIVERY

The Author agrees to deliver to the publisher not later than
_________, 19__, a complete typewritten script of the Work. If
the script shall not have been delivered within three (3) months
after said date the Publisher may, at its option, terminate this
agreement by notice in writing posted or delivered to the Author
and may recover from the Author all monies which it may have
advanced to the Author upon the Work.

4. PUBLICATION

The Publisher agrees to publish the Work in book form at its own
expense at a catalogue retail price of not less than
($_________) per copy not later than twelve months after the
delivery of the completed Work. In the event of delay from causes
beyond the control of the Publisher, the publication date may be
postponed accordingly, but not to exceed eighteen months from the
delivery of the completed work. In case of first serialization,
book publication shall be delayed until serial publication is
completed.

5. COPYRIGHT

The Publisher, upon first publication of the Work, agrees duly to
copyright it in the United States of America and Canada in the
name of the Author, and to take all necessary steps to protect
the copyright in the United States and Canada and under the
Universal Copyright Convention.  The Author shall, upon the
termination of the first term, make timely application for
renewal of copyright under then existing United States copyright
law and, provided this agreement shall then be in force and
effect, the Author agrees to assign to the Publisher, for the
renewal term of the copyright, the rights herein granted to the
Publisher.

6. EDITING AND PROOFREADING

The Publisher shall make no changes in, additions to, or
eliminations from the manuscript without the consent of the
Author, and in order to obtain such consent, shall submit the
copy-edited manuscript to the Author for his approval. The
Publisher shall furnish the Author with galley proof, and, on
request, page proof of the Work. The Author agrees to return such
proof to the Publisher with his corrections within thirty (30)
days of the receipt thereof by him. The cost of alterations in
the galley proof or page proof required by the Author, other than
corrections of printer's errors, in excess of fifteen percent
(15%) of the original cost of composition, shall be charged
against the earnings of the Author under this agreement or shall,
at the option of the Publisher, be paid by the Author in cash;
provided, however, that the Publisher shall upon request promptly
furnish to the Author an itemized statement of such additional
expenses, and shall make available at the Publisher's office the
corrected proof for inspection by the Author or his
representatives.

7. ROYALTIES AND LICENSES

The Publisher shall pay to the Author or his duly authorized
representatives, the following advances and royalties; 

(a) An advance of $________ against the Author's earnings under
this agreement payable [on signature, in the case of a completed
manuscript, or half on signature and half on acceptance, but not
on publication]

(b) A royalty upon the regular edition sold in the United States
and Canada of ten percent (10%) of the retail price thereof on
the first 5,000 copies sold; twelve and one-half percent
(12-1/2%) on the next 2,500 copies sold; and fifteen percent
(15%) on all copies sold in excess of 7,500 less returns.

(c) A royalty of fifteen percent (15%) of the amount of the
Publisher's charges for bound copies of the original edition of
the Work and eighteen percent (18%) for unbound sheets, sold for
export, and to reading circles, to recognized book clubs, and to
organizations outside the regular bookselling channels, provided
that such sales are made at a discount of sixty percent (60%) or
more from the retail price.  

(d) Fifty percent (50%) of the proceeds of any license granted to
another Publisher to bring out a reprint edition of the Work.

(e) Fifty percent (50%) of the gross amount paid by a book club,
whether as plate rental or royalty or otherwise, for the right to
publish the Work for distribution to its members.  Fifteen
percent (15%) of the amount of the Publisher's charges for copies
of overstock which the Publisher deems expedient to sell at a
discount of seventy percent (70%) or more; provided that if such
sale is made at or below cost of manufacture, no royalty shall be
paid. If the Publisher determines to remainder its entire stock,
it shall give the Author reasonable notice in advance thereof. No
sale of overstock may take place before the expiration of two (2)
years from the first publication of the Work in book form.  

(g) Three-quarters (3/4) of the stipulated royalty on all copies
sold from a reprinting of 2,000 copies or less made after two (2)
years from the date of the first publication hereunder and
provided that the regular sales in the six-month period preceding
such reprinting did not exceed 250 copies.  No royalties shall be
payable of free copies furnished to the Author or on copies for
review, sample, or other similar purposes, or on copies
destroyed.

No cheap edition may be published earlier than six (6) months
from the date of the original publication.

The Author or his duly authorized representatives shall have the
right upon written request to examine the books of account of the
Publisher insofar as they relate to the Work and any other of the
Author's works under contract to the Publisher. Such examination
shall be at the cost of the Author unless errors of accounting
amounting to five percent (5%) or more of the total sum paid to
the Author shall be found to his disadvantage, in which case the
cost shall be borne by the Publisher.

8. OVERPAYMENT

In all instances in which the Author shall have received an
overpayment of monies under the terms hereof, the Publisher may
deduct such overpayment from any further sums payable to the
Author in respect to the Work; provided, however, that the term
'overpayment' shall not in any event apply to unearned advances.

9. NOTIFICATION AND PAYMENT

The Publisher agrees promptly to advise the Author of the terms
of any contracts entered into for any grant or license permitted
under this agreement whenever the Author's share of the proceeds
or royalty is one hundred dollars ($100.00) or more. Such
contracts shall be made available by the Publisher to the Author
or his representative at the office of the Publisher, and a copy
thereof will be furnished the Author upon his written request.
The Author's share of such proceeds or royalty shall be promptly
paid to him upon receipt by the Publisher, and shall in no case
be applied against any unearned advance on the Publisher's
edition of the Work.

10. AUTHOR'S COPIES

The Publisher agrees to present to the Author ten (10) free
copies of the regular edition of the Work and ten (10) free
copies of any cheap edition published, and the Author shall be
permitted to purchase further copies for his personal use at a
discount of forty percent (40%) of the retail price.

11. STATEMENTS AND PAYMENTS

The Publisher agrees to render semi-annual statements on July 31
and January 31 in each year following the publication hereof,
showing an account of sales and all other payments due hereunder
to June 31 and December 31 preceding said respective accounting
dates. Payment then due shall accompany such statements.

12. REVERSION AND TERMINATION

(a) In the event that the Publisher's edition of the Work shall
at any time be out of print, the Author or his representative may
give notice thereof to the Publisher, and in such event the
Publisher shall declare within thirty (30) days in writing
whether or not he intends to bring out a new edition of the Work;
if he shall declare his intention to bring out such new edition
then such edition shall be published not later than six (6)
months from the date of said declaration; however, if he declares
his intention not to bring out a new printing of the Work, then
this agreement shall automatically terminate and all rights
hereunder shall revert to the Author.  At any time after two
years from the date of first publication, but not before, the
Publisher may on three months' notice in writing to the Author or
his representative discontinue publication, and in that event
this agreement shall terminate and all rights hereunder shall
revert to the Author at the expiration of said three (3) month
period.

(b) If the Publisher shall, during the existence of this
agreement, default in the delivery of semi,annual statements or
in the making of payments as herein provided and shall neglect or
refuse to deliver such statements or make such payments, or any
of them, within thirty (30) days after written notice of such
default, this agreement shall terminate at the expiration of such
thirty (30) days without prejudice to the Author's claim for any
monies which may have accrued under this agreement or to any
other rights and remedies to which the Author may be entitled.  

(c) If the Publisher shall fail to publish the Work within the
period in Paragraph 4 provided, or otherwise fail to comply with
or fulfill the terms and conditions hereof, or in the event of
bankruptcy, etc., as in Paragraph 13 hereof provided, this
agreement shall terminate and the rights herein granted to the
Publisher shall revert to the Author. In such event all payments
theretofore made to the Author shall belong to the Author without
prejudice to any other remedies which the Author may have.  

(d) Upon the termination of this agreement for any cause under
this Article or Article 13 hereof, all rights granted to the
Publisher shall revert to the Author for his use at any time and
the Publisher shall return to the Author all property originally
furnished by the Author; the Author shall have the right in such
instance to purchase the plates from the Publisher at their metal
value, and any or all of the remaining sheets or copies at a
price not to exceed fifty percent (50%) of the manufacturing
cost, exclusive of overhead. If the Author shall not have
acquired such plates, sheets or copies within ___ days of the
effective date of such termination, the Publisher shall have the
right to sell such remaining copies at cost or less, without
payment to the Author of royalties on such sales. If the
Publisher shall desire to melt such plates, he shall give the
Author days notice in writing thereof and an opportunity to
acquire such plates as above provided. No such sale by the
Publisher shall transfer the right of publication and sale of the
Work to any purchaser of the remaining copies or sheets. The
Publisher's privilege to sell the remaining copies shall expire
six (6) months after the effective termination date and thereupon
all remaining copies shall be destroyed. In the event that the
parties shall have agreed to the taking of the copyright in the
name of the Publisher, then the Publisher shall, upon such
termination, furnish the Author an assignment of such copyright
to him in due for recording.

(e) The Work shall be considered in print so long as the total
print Run minus total sales of all kinds, total destroyed copies,
and total promotional copies distributed shall exceed 250 copies
of the Work.

13. BANKRUPTCY AND INSOLVENCY

If a petition in bankruptcy shall be filed by or against the
Publisher, or if it shall be adjudged insolvent by any court, or
if a Trustee or a Receiver of any property of the Publisher shall
be appointed in any suit or proceeding by or against the
Publisher, or if the Publisher shall make an assignment for the
benefit of creditors or shall take the benefit of any bankruptcy
or insolvency Act, or if the Publisher shall liquidate its
business for any cause whatsoever, this agreement shall terminate
automatically without notice, and such termination shall be
effective as of date of the filing of such petition,
adjudication, appointment, assignment or declaration or
commencement of reorganization or liquidation proceedings, and
all rights granted hereunder shall thereupon revert to the
Author. As a condition of the making of this agreement the Author
hereby acquires the right, upon such termination, to purchase at
his option the plates, remaining copies and sheets as provided in
Article 13 hereof. In the event that the Author's option to
purchase such properties is not exercised within thirty (30) days
after the Author has had notice of the happening of the event
herein referred to, the Publisher, Trustee, Receiver, Assignee or
other such official may melt the plates and sell the copies or
sheets remaining on hand subject only to payment to the Author of
the royalties herein provided. In the event the Author desires to
purchase the books and sheets aforesaid, and the Trustee,
Receiver or other said named official deems the price fixed at
fifty percent (50%) of the manufacturing cost or the metal value
to be below the fair market value thereof, then such value shall
be determined by arbitration conducted pursuant to commercial
arbitration Rules of the American Association then applicable.

14. RESERVED RIGHTS

All rights in the Work now existing, or which may hereafter come
into existence, not specifically herein granted are reserved to
the Author for his use at any time. Reserved publication rights
include, but are not limited to, the right to publish or cause to
be published in any form, excerpts, summaries and novelizations
or dramatizations and motion pictures of the Work, thereof, not
to exceed seventy-five hundred (7,500) words in length, to be
used for advertising and exploitation of motion pictures and
televised motion pictures or dramatizations based upon the Work.

15. ASSIGNMENT

No assignment of this contract, voluntary or by operation of law,
shall be binding upon either of the parties without the written
consent of the other; provided, however, that the Author may
assign or transfer any monies due or to become due under this
agreement.

16. ARBITRATION

Any controversy or claim arising out of this agreement or the
beach thereof shall be settled by arbitration in accordance with
the rules then obtaining of the American Arbitration Association,
and judgement upon the award may be entered in the highest court
of the forum State or Federal, having jurisdiction. Such
arbitration shall be held in the City of New York unless
otherwise agreed by the parties. The Author may, at his option,
in the case of failure to pay royalties, refuse to arbitrate, and
pursue his legal remedies.

17. NOTICES

Any written notice required under any of the provisions of this
agreement shall be deemed to have been properly served by
delivery in person or by mailing the same to the parties hereto
at the addresses set forth above, except as the addresses may be
changed by notice in writing; provided, however, that notices of
termination shall be sent by registered mail.

18. WAIVER

A waiver of any breach of this agreement or of any of the terms
or conditions by either party thereto, shall not be deemed a
waiver of any repetition of such breach or in any wise affect any
other terms or conditions hereof; no waiver shall be valid or
binding unless it shall be in writing, and signed by the parties.

19. INFRINGEMENT

If during the existence of this agreement the copyright shall be
infringed, the Publisher may, at its own cost and expense, take
such legal action, in the Author's name if necessary, as may be
required to restrain such infringement or to seek damages
therefor. The Publisher shall not be liable to the Author for the
Publisher's failure to take such legal steps. If the Publisher
does not bring such an action, the Author may do so in his name
at his own cost and expense. Money damages recovered for an
infringement shall be applied first toward the repayment of the
expense of bringing and maintaining the action, and thereafter
the balance shall belong to the Author, provided, however, that
any money damages recovered on account of a loss of the
Publisher's profits shall be divided equally between the Author
and the Publisher.  

20. DOCUMENTS

If any of the rights granted to the Publisher revert to the
Author, the Publisher shall execute all documents which may be
necessary or appropriate to revest all such rights in the Author.  

21. LAW

This agreement shall be construed in accordance with the laws of
the State of New York.

22. INHERITANCE

This agreement shall be binding upon and inure to the benefit of
the heirs, executors, administrators and assigns of the Author,
and upon and to the successors and assigns of the Publisher.

23. ALTERATION

This agreement may not be modified, altered or changed except by
an instrument in writing signed by the Author and the Publisher.

24. APPROVAL

Notwithstanding anything to the contrary herein contained, the
Publisher shall obtain the Author's written advance approval of
any jacket or cover design, including the text thereof, to be
used in connection with the Work, and of any contracts with third
parties for the publication of the Work; which approval shall not
be unreasonably withheld.

X______________________________     X____________________________
AUTHOR                                 Witness for the Author

X______________________________     X____________________________
PUBLISHER                              Witness for the Publisher

MODEL CONTRACT: ANTHOLOGY

Sunday, July 5th, 2009

1989

This contract was written under the direction of the SFWA® Contracts Committee. The model or sample contracts have been written as a guide to writers in understanding common publishing contracts and to help them negotiate better contracts. They are not intended to be used as boilerplate contracts by publishers, writers, or agents, nor should such use be cited as being SFWA approved. These contracts have been written by writers for writers, and are for educational purposes only. As with any legal document, you should consult a lawyer for exact interpretations of law. Advice herein is not intended as legal advice or the practice of law. Some model or sample contracts are badly in need of revision or updating. As part of its ongoing efforts to educate writers about publishing contracts, the Contracts Committee periodically writes new sample contracts or updates old sample contracts. Address comments or suggestions to the Chair, SFWA Contracts Committee.

The following is a note captured from a bulletin board on GEnie, reprinted with permission of the author, Michael Armstrong:

Fourth Science Fiction & Fantasy Round Table
Category 43, Topic 33
Message 13 Mon Nov 22, 1993
M.ARMSTRON12 [MichaelA] at 16:58 EST

Here’s Dean Lambe’s model anthology contract, from the Winter
1989 SFWA Bulletin. Lambe notes that Bruce D. Arthurs, Michael
Banks, Greg Bear, Richard Curtis, Jerry Pournelle, Mike Resnick,
Susan Shwartz, and David A. Smith contributed to the crafting of
this model contract. I’ve reproduced it using his original line
numbering.

   ===========================
NB: Information to be filled in by the Anthologist is in {braces};
that to be filled in by the Author is in [brackets].

  1
  2
  3
  4 This contract is made between {anthologist name}, whose
  5 address is {anthologist address}, hereinafter referred to
  6 as the Anthologist, and ____________ [author's
  7 name], whose address is ___________
  8 ___________________________________[author's address],
  9 hereinafter refered to as the Author.
 10
 11 In consideration of mutual promises and forebearances, the
 12 parties agree as follows:
 13
 14 Author's Grant.
 15  1. The Author grans permission to include his/her story
 16 entitled
 17 "_____________________
 18 ______________________," a work of
 19 approximately _________words, hereinafter referred to
 20 as the Work, in an anthology tentatively titled [anthology
 21 title], to be published in {clothbound and/or trade paper
 22 and/or mass market paper edition(s)} by {publisher,
 23 publisher's address}.
 24
 25 Rights Purchased.
 26  2(a).  This use of the Work by the Anthologist entails the
 27 assignment of First English Anthology Rights, for
 28 publication in the English language anywhere in the world.
 29 It is also understood and agreed that the Anthologist may
 30 use this Work only in the above-mentioned anthology and
 31 reprintings of it, and that the Author shall retain all
 32 other rights to the Work not specified here.
 33
 34  2(b). This use of the Work by the Athologist entials the
 35 assignment of First World Anthology Rights, both in the
 36 English language and in translation anywhere in the world,
 37 and in clothbound, paperback, book club, reprint, and Barille
 38 editions of the anthology. It is also understood and agreed
 39 that the Anthologist may use this Work only in the above-
 40 mentioned anthology and reprintings of it, and that the
 41 Author shall retain all other rights to the Work not
 42 specified here.
 43
 44 The Author grants permission for transcription of the Work
 45 into Braille, tape, talking, or oversized type book, only in
 46 the case that the Work or anthology is selected for such
 47 transcription by a nonprofit organization for the
 48 handicapped.
 49
 50  2(c). For this use of a previously published Work, the
 51 Author assigns to the Anthologist non-exclusive World
 52 Anthology Rights. The Author agrees to provide proper
 53 copyright information about the Work, and to provide
 54 information about the source of first publication for proper
 55 credits.
 56
 57 Payments and Royalties.
 58  3(a). For the rights granted to the Anthologist above,
 59 the Author will receive a payment in the sum of
 60 $_______, which will be paid within thirty (30) days of
 61 signing this agreement. This payment represents the
 62 Author's full share of advance royalties.
 63
 64 Once total royalties earned by the anthology equal the total
 65 amount paid out to authors, the Author will receive a 50/50
 66 pro rata share of the anthology's earnings, if any, earnings
 67 to include all income from trade, book club, reprint,
 68 translation, and foreign sales of the anthology, or any
 69 subsidiary rights sales income received by the Anthologist
 70 for this anthology.
 71
 72 From all earnings received by the Anthologist, less agent's
 73 fees for representation of the anthology, fifty percent
 74 (50%) will be distributed to Authors on a pro rata basis in
 75 terms of the published word count of the Work at least twice
 76 each calendar year, on or before June 30th and December
 77 30th. All other expenses other than agent's fees and
 78 advances against royalties must be met by the Anthologist
 79 for his/her share.
 80
 81 3(b). For the rights granted to the Anthologist above,
 82 the Author will receive a payment in the sum of
 83 $______, which will be paid within thirty (30) days of
 84 {signing this agreement/publication of the anthology}.In
 85 the event of sale of the anthology to a mass market
 86 publisher for reprint publication, the Author will receive a
 87 50/50 pro rate share of the anthology's earnings, if any,
 88 earnings to include all income from trade, book club,
 89 reprint, translation, and foreign sales of the anthology, or
 90 any subsidiary rights sales income received by the
 91 Anthologist for this anthology.
 92
 93 From all earnings received by the Anthologist, less agent's
 94 fees for representation of the anthology, fifty per cent
 95 (50%) will be distributed to Authors on a pro rata basis in
 96 terms of the published word count of the Work at least twice
 97 each calendar year, on or before June 30th and December
 98 30th. All other expenses other than agent's fees and
 99 advances agains royalties must be met by the Anthologist
 100 from his/her share.
 101
 102 Access to Records.
 103 4. In the event of Anthologist's failture to make timely
 104 payment, the Author may have access in person or by his/her
 105 agents or by power of attorney to all financial records of
 106 the above-named anthology upon presentation of a copy of
 107 this agreement to the appropriate location of said records.
 108
 109 Authors' Warranties and Indemnities.
 110 5. The Author represeants and warrants that he/she is the
 111 sole author(s) of the Work, {that the Work is original}, and
 112 that no one has reserved the rights granted in this
 113 agreement. The Author also represents, to the best of
 114 his/her knowledge, that the Work does not contain any
 115 libelous material, and is not in violation of any rights of
 116 privacy or any other rights of third persons, and does not
 117 violate any existing common law or statutory copyrights, and
 118 has not been published before in any form.
 119
 120 The Author agrees to hold the Anthologist harmless against
 121 any judgement finally sustained that the Work contains libel,
 122 plagiarism and/or invasion of privacy.
 123
 124 No competing Publication
 125 6. The Author agrees not to publish or permit others to
 126 publish this Work in any form prior to its publication and
 127 appearance in the above-named anthology, nor until six
 128 months after the appearance of the anthology.
 129
 130 Author's Copies.
 131 7. The Anthologist agrees to provide the Author with one
 132 complimentary copy of the original edition of the anthology
 133 upon publication, and to the best of his ability, to provide
 134 copies of other editions that may be published in North
 135 America, and to inform Author or any other editions which
 136 are planned or may appear.
 137
 138 The Author agrees to inform the Anthologist of his/her
 139 current address.
 140
 141 Changes in Text or Title.
 142 8. The Anthologist agrees to make reasonable efforts to
 143 notify the Author in advance of any editorial changes in
 144 title and/or text of the Work, and to secure the Author's
 145 approval for any such changes whenever possible. Author
 146 agrees that such approval will not be unreasonably withheld.
 147
 148 The Anthologist will furnish the Author with galley proof or
 149 page proof of the Work. Author agrees to return such proof
 150 with corrections in not more than thirty (30) days from
 151 receipt thereof.
 152
 153 Reversion of Rights.
 154 9. In the event that the above-mentioned anthology has not
 155 been publsihed within 24 months of signing of this
 156 agreement, rights revert to the Author, and the Author has
 157 the right to sell or arrange for publication of the above-
 158 named Work in any manner, with the reservation that the
 159 Anthologist will have the non-exclusive, one-time right to
 160 include the above-named Work in an anthlogy of stories
 161 about {the theme and/or principal content of this anthology}
 162 at any time in the future without paying any additional
 163 monies beyond those already paid to Author under this
 164 agreement, and without prejudice to all other rights of the
 165 Author in this agreement. Author is expected to make no
 166 repayment of advances if for any reason--publication delays
 167 or otherwise--rights under this agreement have reverted to
 168 the Author.
 169
 170 Copyright.
 171 10. The Anthologist agrees to list a proper copyright
 172 notice for the Work in the name of the Author in the front
 173 matter of the anthology, and to take all necessary steps to
 174 protect the Author's copyright in the United States, and in
 175 the International Copyright Union.
 176
 177 Venue.
 178 11. This agreement shall be deemed exectd under the laws
 179 of the state of {anthologist's or author's state of
 180 residence}. _____{State}______ law shall be the applicable
 181 law of this agreement.
 182
 183 The parties acknowledge that each had read and understood
 184 this contract before execution.
 185
 186 In witness whereof the parties have executed this contract
 187 in duplication originals on this _____day of ______,
 188 19__.
 189
 190
 191 _____________________________________ __________
 192 Author or Author's agent               Date
 193
 194 If signed by Agent, give Agent's address where payment
 195 should be sent.
 196
 197 ___________________________
 198
 199
 200 ___________________________
 201 Author/Agent Social Security or Tax ID Number
 202
 203 ___________________________
 204 {name}, Anthologist    Date
 205
 206 Please sign and return all copies. One copy signed by all
 207 parties will be returned for your files.

World creation and the source of objects

Friday, July 3rd, 2009

One of the things that bothers me sometimes when looking at world-building is the way people don’t think about where objects come from. What is the industry that fuels the region? Where does all that paper come from in Battlestar Galactica?

So this essay on the origins of a pencil tickles me no end, and not just because it’s written in first person. What I like about it is that it points out all the different jobs that you don’t even think about which are required to make a pencil.

Pencil Question
Pick me up and look me over. What do you see? Not much meets the eye—there’s some wood, lacquer, the printed labeling, graphite lead, a bit of metal, and an eraser.

Just as you cannot trace your family tree back very far, so is it impossible for me to name and explain all my antecedents. But I would like to suggest enough of them to impress upon you the richness and complexity of my background.

So next time you’re doing world creation, think about where all those objects are coming from. Even if you don’t put that detail down on the page, it can add a richness to your fiction.

DOJ Officially Opens Investigation Into Google Book Search

Friday, July 3rd, 2009

We’ve been following the Google Book Search Settlement closely. Today, PCWorld reports that the U.S. Department of Justice has confirmed that it is investigating possible antitrust violations by the Google Book Search settlement.

google_logoIn a filing to the judge overseeing the settlement of a lawsuit filed by The Authors Guild against Google, the DOJ informed the court that it has opened an investigation into the proposed settlement after reviewing public comments of concern. Those comments suggest that the agreement might violate the Sherman Act, a U.S. antitrust law, the DOJ said.

“The United States has reached no conclusions as to the merit of those concerns or more broadly what impact this settlement may have on competition. However, we have determined that the issues raised by the proposed settlement warrant further inquiry,” the letter reads.

It also says the DOJ has already demanded access to documents and other information from parties in the litigation and expects to have ongoing discussions with them as well.

There’s a hearing with Judge Denny Chin scheduled for Oct. 7, which is a full month after the September 4th deadline to make a choice about opting in or out.

Lunar Reconnaissance Orbiter photos

Friday, July 3rd, 2009

Phil Plait, of the famed Bad Astronomy blog, points out the first of the photos from the Lunar Reconnaissance Orbiter. They are a Science Fiction writer’s equivalent of space porn. Sleek, sexy photos loaded with details. As Phil says, “That’s like looking out your airplane window… if you were over the frakking Moon!”

Lunar Reconnaissance Orbiter

Incidentally, for those of you writing SF set in space, the Bad Astronomy blog is a wealth of resources and story ideas. It will also do much to save you from having bad astronomy in your fiction.

Chet Gottfried

Thursday, July 2nd, 2009

Chet Gottfried

A freelancer in book production, Chet Gottfried writes fantasy, horror, and science fiction stories and novels. His wildlife photography is popular too.

F. Paul Wilson

Thursday, July 2nd, 2009

F. Paul Wilson

F. PAUL WILSON is an award-winning, NY Times bestselling novelist whose work spans horror, adventure, medical thrillers, sf, and virtually everything between.  He’s best known as creator of the urban mercenary Repairman Jack. (http://www.repairmanjack.com)

D. R. Evans

Thursday, July 2nd, 2009

D. R. Evans

D. R. Evans is the author of the Three Lands fantasy trilogy, as well two popular thrillers and the children’s story “The Boy With Green Hair.” Visit his web site.

Cory Doctorow on writing for YA

Thursday, July 2nd, 2009

Our sister site, Nebula Awards has an interview with Cory Doctorow up right now about his book Little Brother, which was nominated for a Nebula award this year. In the interview he talks about what it’s like to write for Young Adult audiences.

Cory DoctorowWhat were the differences between writing for adults and writing for young adults?

I once asked a young adult writer what she thought the soul of young adult fiction was. She said, “Being an adolescent is the state of perpetually going through these one-way changes, where you’re very brave, and you jump off cliffs. You can’t go back again. Like one day you’re someone who has never told a lie of consequence and then you’re someone who has. You can never go back and be that other person again.”

I don’t think it’s a coincidence that the centers of our brain that govern risk don’t fully develop until we’re out of our teens. There was a court case last year or the year before in which a teen had done something very foolish, and part of the defense was that his capacity to understand risk was not physiologically fully developed. He literally couldn’t parse risk the way an adult would. I think if you could parse those risks, you probably wouldn’t take all kinds of momentous steps in your life. From a plotting perspective, I like to keep that in mind.

The only other big difference was that when it was all done, my editor said, you know Scholastic has some interest in distributing this as part of their book club. But they won’t do that if it’s got the F word in it, so do you mind if we just take it out of the two places where it is? And I said, take the F word out. No big deal.

There’s other good stuff in there and it’s worth taking a look at the full interview.