Evaluating Publishing Contracts: Six Ways You May Be Sabotaging Yourself

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Posted by Victoria Strauss for Writer Beware

As I've followed the discussion (for instance, here, here, and here) over the past couple of days about literary ezine The Toast's demand that writers surrender copyright (the demand was first reported by me, and The Toast has since announced that it's eliminating the demand from its contracts), I've been struck by the number of comments from writers who seem to think that a bad contract clause is not so very awful if (pick one) the publication is great; the people who run it are great; the bad contract clause is not always enforced. (See especially the comments thread on The Toast's post about the controversy.)

That's all very well. But (and I'm speaking generally here, not in particular about The Toast) this is exactly how writers get screwed: by making assumptions about a publisher's intentions, by letting their emotions overrule their business sense, and by forgetting that, in the author-publisher relationship, the publishing contract is the bottom line.

Here are some suggestions for changing those damaging ways of thinking.

• Don't assume that every single word of your contract won't apply to you at some point. You may think "Oh, that will never happen" (for instance, the publisher's right to refuse to publish your manuscript if it thinks that changes in the market may reduce your sales). Or the publisher may tell you "We never do that" (for instance, edit at will without consulting you). But if your contract says it can happen, it may well happen--and if it does happen, can you live with it? That's the question you need to ask yourself when evaluating a contract.
 
• Don't mistake "nice" or "responsive" or "professional" or even "crazy about my work" for "author-friendly." Remember, the lovely, enthusiastic editors you deal with when you submit your work probably didn't create the contract (they may not even be fully aware of its provisions). It's a sad truth of the industry that wonderful publishers can have shitty contracts. Don't let your warm fuzzy feelings push aside your business sense.
 
• Don't make assumptions about what contract language means. If you don't understand the meaning of a clause, or aren't sure about its implications, don't guess. Get advice from someone qualified to provide it.
 
• Don't rely on your publisher's assurance that objectionable contract language won't be enforced. Your publisher may be telling the truth--at least, up to the point that they give you the assurance. But even if they aren't just trying to get you to shut up and sign, circumstances may alter (what if management changes? What if the publisher sells itself?) and internal policies may shift. Promises that contradict contract language offer you absolutely no protection or guarantees (especially if your contract contains a clause like this one). Never forget that by signing a contract, you are giving your publisher the full legal right to enforce it.
 
• Don't accept your publisher's claim that contract language means something different from what you think it means. This is a response you may receive if you attempt to negotiate changes, or bring a troublesome clause to your publisher's attention. Your publisher may be correct: the misinterpretation may be yours. But your publisher may also be unscrupulous or ignorant (many small presses don't properly understand their own contract language). If your publisher's explanation doesn't sound right, don't just take their word for it. Get a second opinion.
 
• Don't let your publisher convince you that asking questions is a bad thing. Dodgy or incompetent publishers don't like pro-active authors, and may try to blow them off by claiming that asking questions is unprofessional, or ungrateful, or something similarly bogus. But asking questions is your right. Walk away from a publisher that won't let you exercise it.

No contract is perfect. You should always be able to do at least some negotiation--but even under the most favorable circumstances, you'll probably be giving something up. You may even decide to swallow an objectionable clause because of a great opportunity (I don't know of any writer, including me, who hasn't made this decision on occasion). But if you do decide to sign a contract with unfavorable language, do so in full understanding of the possible consequences. Not in ignorance, or assumption, or fear of annoying the publisher by being too inquisitive.

I'll close with an excellent tweet from author and editor Jane Friedman (if you aren't following her, you should be):

Remember: contracts aren’t there for when times are good & everyone is well-intentioned. They need to work for you when things go to hell.
— Jane Friedman (@JaneFriedman) December 18, 2014

Words to live by.

The Green Land Investor: How to Invest in Sustainable Land

To be a "real estate investor responsible" means green building. Country smart investors capital growth in the short report on the average values and the development of long-term environment.

With all the attention on the construction of housing to meet the housing shortage in Britain, an often overlooked element of the story is how these houses are probably also more energy efficient. The purpose of the protection of the environment serve higher side, these houses lead to a great living, warmer in winter and less likely that the poverty of the people to refuel.

To build green - even if the standards of LEED Green Building Council British BREEAM or creation Building Environmental Assessment Method - can make much sense for an investor, those who prefer to put their money in real assets fund investments. In simpler words, a house with a conservation measure higher energy savings is a house than money. In energy costs for many years in the future The property buyers are becoming more sophisticated about looking at these long-term costs and investors interested in real estate investments in the United Kingdom, and developers.

But Green Building is on energy savings. Houses and developments may also in relation to other environmental requirements such as built, for example, the provision of natural habitat and community management of rainwater. The important point is that if some ecological characteristics could be as altruistic, this environmentally sensitive measurement can still translate into real value for investors and potential owners. Consider the characteristics of the development of the following eco-house

• Save energy - Search Sweett Group, property management and construction in the UK revealed that the costs for energy efficient building and are now considered unrelated to the construction costs, with small amount of additional costs for tight building envelope (insulation, etc.) connected slightly from the savings in energy costs during the first years of the occupation.

• responsible environmental balance built into the natural watershed - If a building or development affects the whole drainage, it can lead to flooding in vulnerable areas. To place a development to offset their impact on the watershed also save operating costs and increase the value of design houses. Sometimes the inclusion of the natural environment, such as retention basins, rain gardens and bioswales naturalistic landscaping can add to the aesthetic value of a home and the surrounding community.

• Incorporate alternative transportation if possible - Ethics of youth live the bikes, especially in the neighborhood. Infrastructure for cycling and secure parking, especially in collective dwellings, do. Due to its proximity to public transport is also an asset for development.

• Regeneration and reuse of buildings, re - sit There are many existing buildings, such as manufacturing and free storage facilities that are asleep. The UK is working priorities are based on "brownfield" to create; this is a good use when the ladies substance is possible and the cost of rehabilitation compared favorably to the new building. For development of investors, some of these sites are green and profitable.

• Promoting social interaction - A feature of the Green Building is, areas where residents can take action. The extreme version is eco-villages, where parking is relegated to the periphery, so that refuges for pedestrians and children playing nearby. Enter footpaths in the vicinity is another way to get to know the locals - and movement.

• Improving the health and well-being inside - interior materials such as paints and carpets are immediately available to reduce outgassing of volatile organic compounds (VOCs), while other measures to reduce the presence of fungal structures.

Participants in joint venture partnerships in general, to listen to their problems experts in these plants. The course benefits the investor - If the market value of a greener, more energy efficient at home, you can draw a premium for these houses. All investors are cordially invited to an independent financial adviser first guest, if the ownership of their asset portfolio management speak.

The real resource fund companies knowledge, land investment in the UK and the joint venture area click for details.

Article Source: http://EzineArticles.com/8823817

The Best Investment for 2015

Sometimes the best investment that secure systems and 2015 could be one of those times. First, you have a look at your investment options. Next, we want to focus the best investment security for 2015 and beyond.

Since the beginning of 2009 stocks and stock funds were the best investment opportunities. The past six years have often recalled reach new heights of all time at the approach of 2015, the stock market as "the stock market, no one likes." The devices are not cheap, but there are two areas that could be of interest: The fund of oil resources and natural resources (if oil prices are even cheaper) and shares and gold funds (if gold is cheaper). Neither are safe investments, but oil or really cheap or if it could likely.

At that time it was not economic or political bad news for a recovery in 2015 or 2016. The risk against potential rewards suggests that shares and diversified equity funds are no longer trigger the best investment opportunities. Let us now see on the side of the coin: Bonds and bond funds. Historically, when investors flock to bonds storage tanks, sending prices stricter obligations. Many investors see bonds and bond funds their best to offer investment opportunities.

The problem here is that bonds and bond funds are near record levels, interest rates remain historically and ridiculous. The problem is that when prices increase dramatically bonds and bond funds falling prices and investors lose money. High interest rates make bonds and portfolios (such as pension funds) existing less attractive. Looking at 2015 and beyond, bonds and bond funds are not suitable when prices threaten to increase your best investment opportunities or even the best investment.

In fact, they were never really sure. She felt safe because interest rates primarily on a downward trend since 1981, and by whom he sent bond prices were investors good returns. Now the question is: where is the best safe investments (interest payments) to find if you're lucky if you can get 1% in the bank, and even less on the money market?

The best safe investments were focused on her face. If you (such as a 401k or 401) one of the options a stable or fund could be "guaranteed" a pension plan in which you are working. You may be able to block 4% or more for a period of time. If you have insurance "universal life energy" more, could you 3% cash in a "guarantee" minimum interest rate of 4% or Add. The same may be true if you hold a pension contract and. the cost, so you do not upset, but compared to stocks and bonds have the best investment opportunities on the horizon.

When interest rates rise significantly need advice (both long-term and short-term interest rates) and a fast access to your money, old money market funds may be the best investment. Prices are rising, automatically adapt their dividends up. They are not the federal government "insured", but the short-term government bonds (Treasury), the regarded as one of the very safest investments in the world many.

Usually the question is concentrated to find your best investment options on equities over bonds. I'm not alone when I am afraid it is. In order not normal times, we (and most of the rest of the world) to stimulate the interest of our economy will be reduced and the support of our markets. There is not much room to cut rates in the future. I suggest that the best investment security could best investment options for 2015 and beyond are available. When the dust settles, the debate over whether stocks or bonds are probably the best investment back into the center.

A retired financial planner, James Leitz has an MBA author (finance) and 40 years of experience in the field of investment. Its comprehensive guide to the investors for beginners teaches informed Invest everything you need to know, need to make your money work. Read his book http://www.Amazon.com Investing informed.

What Are The Short And Long Term Risks Of Investing In Land As A Real Asset Investment?

Land assets are fully capable to heavy yields. But the risks are everywhere - what they are, and work with professionals, if you can.

Without risk there is no reward, right?

Investors good equation and financial planners to help them. The good risk ratio not only when the rewards are worth the worry, but low income should be well planned to meet the needs of the investor. What is now clear that investment in real assets such as land - both unusually high demand for residential property - seems like a good risk.

Unfortunately, it is still possible that he is wrong. While some of the greatest wealth in the history of the purchase, ownership and sale of land and property were developed built, there are all kinds of circumstances - and bad ideas - to create unnecessary risks. In addition, there is the dynamics of the time, if the investor expects profits in the short, medium or long term. Consider the following, which may occur in the country of the investor:

Owner refuses to sell at a reasonable price - Land which is known for agriculture, is much less than if permitted for personal or commercial use. An existing owners may know that the difference in assessment and greedy when prices of land for sale. And the willingness of his country to seek investment opportunities elsewhere - Experienced real estate fund managers would the tolerance level of knowledge growth potential price advantage.

Real estate is very sensitive to economic crises - The decline in home sales and housing in the UK after the financial crisis of 2008 is a new and clear teaching of how the overall economy play an important role in real estate investments. Real estate investors who experienced sold in 2007, a major asset growth in the last years of the bladder, while those who were forced in 2009 probably almost lost to sell. Therefore, short-term investments, since it focuses on the strategic development of the earth, at least allow investors a more accurate picture of the market conditions when the development is completed.

REIT - Real Estate Liquidity Fund is attractive for investors concerned about the economic slowdown above. But because it is listed on the stock market, a REIT is still under short-term fluctuations in the markets due to other events. In addition, through a control system, the Real Estate Investment Trusts is regulated by the Financial Services Authority Conduct (CAF) unattended complaint may be made here, nor claims to be the Financial Services Compensation Scheme.

Advice on Bad-programs such as "land bank." - During permits the FCA deliver because this warning, there are still investing in so-called, the Land Bank This is where the land acquired license build is unlikely because the greenery, the clean-up costs on fallow or just too small for the extent of development.

It is an independent financial advisor helpful advice for investors land rent. An overall assessment of the risk profile of the investor can help make sense in real estate - it was either a REIT, buy alternative investments in land or buildings.

Worth real assets and land investments Domain Click for more details.

Beyond Just Housing, the UK Needs to Develop Holistic and Sustainable Communities

Quickly build necessary in England, can often lead to poor quality structures. But with new and more sustainable buildings, smart homes are available and affordable.

According to national statistics from the UK, the Department for Communities and Local Government reported a 18 percent increase in housing starts for April June 2014 quarter compared to the same quarter in 2013. On the other hand, the building 36,230 home starts in the second quarter were compared to the same quarter in 2009 (but 26 percent below the roof of the building in 2007), 112 percent. This increase is important to have a good news and probably an indicator of the success of the government loan programs to solve such credit medium and more people to everyone is able to buy houses. This leads manufacturers to increase their production capacity, because a larger market occurred.

And what could go wrong now? With such a large pent-up demand for housing in the UK, joint ventures are partnerships, investors and builders land available marry actively building for planning, where houses are most needed, not persecuted responsible. Social housing and projects that private associations and housing to affordable housing and relieve the high rents and purchase prices. But recent history shows that the hasty construction can sometimes birth defects, poor quality and can lead underperforming stores.

In the building of the early United States in the middle of the zeros, especially in South America from the recovery of major hurricanes in 2005 led to significant problems degassing drywall imported from China. Something in the wiring drywall equipment from 60,000 to 100,000 new homes and residents' health deteriorated.

Homes in the UK have been spared these problems. But a four-year study of houses in the UK, Germany and Sweden by researchers at the University of East Anglia found (UEA in Norwich), came another problem in the housing 1990 and 2010 in these areas have often been compared to the energy efficiency and the quality of indoor air. The report attributes this performance shops "bad team in the design and construction process [which] defects that compromise energy efficiency."

To build as a country with a real estate boom, which by all accounts is required to provide housing for a million households and a population increasingly how such problems can be avoided? UEA provide a solid basis for passivehaus ("passive house") of the building - a design standard, significantly reduce the need for heating and mechanical cooling, while improving the comfort and quality of the lens air.

More than 30,000 houses are built in the world since the early 1990s, techniques and materials are readily available, the production cost is higher than conventional methods. In the long run, they save a lot of money on energy costs.

But sustainable construction can (to plant, to reduce exposure and natural precipitation heat and cold to keep the consumption of water not less maintenance) and renewable energy markets (eg solar panels on roofs), a minor impact on the landscape. For communities, the economic benefits when, allowing them to spend more money for goods and services, at least for the public owner instead. Your cost when applied to social housing and housing industry is also reduced.

Given the weather events of recent years - in the heavy winter rains in summer heat waves - climate-resilient, energy-efficient housing certainly to be welcomed. The adaptation of existing structures to measure the energy efficiency is often affordable.

People who participate in real investment funds should check the properties of the sustainability projects. Pretending to accommodate local planning authorities in the examination of land use in residential and commercial construction. Investors should consult an independent financial adviser to determine whether the project - built or at least environmentally Hyper to a good performance - the risk a little more of their personal financial goals.

Read This Before Investing in GDA Housing Schemes

If you do not have to rent one of the 25,000 lucky winners of the DDA Regulations, 2014 another opportunity to rent a house in the capital region of Ghaziabad Development Authority in the last two settlements, one developed in Indirapuram and others in different parts of the city, for the EMS and LIG categories. The Authority has a total of 370 apartments multistage system Indirapuram and 1979 apartments in the SAP / LIG system. But, you should consider investing in private manufacturers properties after looking at the costs, especially Indirapuram Apartments.

Indirapuram Nayaykhand-a region along NH-24, is one of the most popular places for capital and rental market in Ghaziabad after quarter research initiative PropIndex (July-September 2014) magical bricks. The area has a number of advantages, such as proximity to Noida and south Delhi and easy access to the metro station Vaishali. The cost advantage is another factor why people even Gurgaon invest here, including end users.

But when it comes to the actual cost of apartments, maps GDA not enough to impress. The cost of apartments in the scheme Indirapuram 2BHK GDA starts at Rs. 52.79 lakh with a large area 96.20 square meters and 1,035 square feet (900 square meters of covered space), while the apartments start private developers in the same area about 26 lakh with a covered area of about 850 to 950 square meters. Depending on the location and amenities 2BHK apartments of private owners, however, are up to 95 lakh with the range covered area of 750 to 1400 square meters.

Another important factor that can be considered is that the GDA apartments are under construction and can last 3 years, be ready to move. So many developers offer ready to move into the homes of low-cost segment. Many development projects on the property in the next three to six months.

There are a number of options for the luxury segment and indulgence available with a range of Rs 4.750 to 6.500 per square meter price. Depending on the exact situation in Indirapuram.

Built to several brokers, GDA regime apartments offer no additional benefit to the buyer, and if the build quality is not very good. If a buyer is willing to invest about Rs 50 lakh, it should also consider apartments provided by private builders available. Another thing is that the cost of the platform is not definitive provided by the GDA is estimated and may vary according to market rates increase or decrease in the future.

This is an advantage for you to invest in apartments GDA is that buyers do not have to worry about the legal part of the project or the unauthorized construction. However, if a buyer wants, he / she confirm the legitimacy of the project builders before investing approaches of local authorities.

, With you, but the choice is, the last date of filing of the application for both plans is 31. Dezember 2014th

Rajesh is a knowledge partner with the master plans of India, which offers the latest news and updates on affordable housing, smart cities and other parts of the infrastructure in India. In its latest cover of GDA Indirapuram entertainment system and government affordable housing programs Haryana plans to champion India.

Rights Grab: Transferring Copyright

Posted by Victoria Strauss for Writer Beware

EDITED 12/17/14 TO ADD: The Toast has announced that it will change its contract terms. See the end of this post.

The Toast is an online literary magazine that publishes stories, articles, artwork, reviews, and more. Launched in mid-2013, it's associated with some respected names and apparently draws a sizeable audience.

It also offers, in Writer Beware's opinion, a very problematic agreement for freelancers.

Contributors to The Toast are paid a flat, one-time fee of $50 on publication. No further compensation is due, even if The Toast re-publishes the contribution. The Toast also reserves the right to edit at will.

These aren't ideal provisions, but they're not uncommon. What is uncommon: contributors must hand over copyright and waive all moral rights (including the right of attribution). Here's the relevant language (my bolding):

The Contributor hereby acknowledges and agrees that the Work, including any drawings, images, sounds, video recordings, or other data embedded in the work and including adaptations or derivative works based on the Work is the sole and exclusive property of the Toast and the Toast has all rights under existing United States’ copyright law and all reproduction and republication rights. In the event that any portion of the Work is not copyrightable, The Contributor hereby irrevocably assigns any and all ownership of the Work’s intellectual property rights, including but not limited to: patents, trademarks, design rights, database rights, trade secrets, moral rights, and other proprietary rights and ll rights of an equivalent nature anywhere in the world to the Toast. The Contributor further acknowledges and agrees that the rights being granted to the Toast include the right to own and register all copyrights in the Work. The Contributor hereby irrevocably assigns all the above described rights herein to the Toast and agrees to execute such additional documents as may be requested by the Toast to evidence the Toast's ownership of said rights in the Work. The Contributor further hereby waives any "moral rights" claims she may have with respect to the Work.

Nowhere on The Toast's website, or in its submission guidelines, is the copyright transfer mentioned.

I'm guessing that you've probably never heard of The Toast (I hadn't), or considered submitting there, so you may be thinking that this post has no relevance to you. But it does, in a broader sense--because outside of the academic world, copyright transfer demands are not the norm for magazines and journals, online or off. If you encounter them, you should be wary.

Be sure to read every word of any contract or agreement you're offered, and make certain you understand them. If you have any doubt about the meaning of terms and clauses, don't make assumptions--seek advice. The language of copyright transfer is not always completely clear, or, as with the clause above, it may be buried in a welter of verbiage.

More on copyright transfer, from this blog:

The difference between rights and copyright

Copyright transfer in HBO's Game of Thrones Compendium 

Copyright transfer language buried in a website's Terms of Use

Copyright transfer as part of writing competition entry

An example of how vague and opaque copyright transfer language can be

Why a "temporary" copyright transfer is no better than a permanent one 

EDITED TO ADD: As I mentioned above, I'd never heard of The Toast before, so I was not aware that it is (at least, based on the attention this post has received) a Pretty Big Deal in the literary world. If I'd known this, I would have reached out to its publisher, Nick Pavich, for comment. I didn't--but others have. If there's a response, I'll amend this post to reflect it.

EDITED TO ADD: In a blog post today, The Toast has announced that it is changing its contract terms for writers (and hopefully artists as well, though that's not mentioned):

So, with that said, we’re changing our contracts to ask only for First North American Rights (so rights revert to the writer after 6 months), as well as online serial rights so that we can retain the work on our sites in perpetuity. We’re also writing into the contract the promise that we will revert rights in the case of a book deal, so that what we’ve always done in practice will be spelled out in writing.

I think it's great that, despite the rights grab in its contract, The Toast has in practice reverted rights upon request. However, in that case, why have a rights grab at all?

In any event, "in practice" is a very nebulous concept when contract language says something different. It's far better--and safer--for practice and contract language to match. Kudos to The Toast for responding to criticism and taking that step.