Lee Goldberg

The Mail I Get

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I received this email from an agentless, aspiring screenwriter:

I just moved to LA about a year ago.[…]I've hooked up with a producer who is a former exec at a major studio. We talked about an idea he has for a sitcom. I like his idea a lot and I agreed to collaborate with him. The thing is, I've been helping him for a while now and even wrote a pilot, all with nothing but a verbal commitment from him to "do right" by me. I do trust him and we've become friends outside of "work."

Now, I've decided it's time to get more than just a verbal commitment from him. But I am at a loss as to what to ask for.[…] So far I've written a pilot and have helped out with character descriptions and episode outlines. Now he wants me to write another episode. Do you have any advice for someone like me?

Yes, I do. You are being screwed. The producer is taking advantage of your enthusiasm, inexperience and desperation. He should know better…and, if he is truly your friend (and the seasoned exec you say he is), and if he genuinely wanted to "do right" for you, he would have put a deal in writing before you started writing a word…for his protection and yours.

Don't do ANY more work for him or let him send out the script to anyone unless a deal is in place between the two of you.

Since you don't have an agent, you should consult with a lawyer. You should also visit the WGA website and get a copy of the applicable minimums and/or go to the Samuel French Bookstore and get a book on Entertainment industry contracts.

I'm not a lawyer or an agent, but some of the things you should seek are compensation (at least WGA minimums) for the scripts you have written immediately upon sale of the project, a minimum royalty per episode produced (you need to negotiate an amount), a shared created by credit with the producer (though that will be arbitrated by the Guild), a producer credit & salary on the show (whether you provide services or not) and an equal share of any and all monies that the producer is getting for ancillary rights, backend, etc. That's just for starters.

Hillary, I Feel Your Pain

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6a00d8341c669c53ef00e54f31b7048833-640wiSecretary of State Hillary Clinton tripped and broke her elbow earlier this week. Today she had surgery and is facing weeks of physical therapy. Fox News reports:

“The most common fracture you get from a standing-height fall will either be an olecranon fracture or a radial head fracture,” Alberta, who specializes in shoulder and elbow surgery, told FOXNews.com. “If she landed on her elbow and fell back on the point of her elbow, she most likely fractured her olecrenon, which is the bony point of your elbow. If she fell with her hand stretched out to catch the fall, then it may be a radial head fracture. […]"

In general, elbow surgery can last anywhere from 45 minutes to a couple of hours.

“There’ll be an incision depending on where the fracture is, and we’ll use anything from a plate and screws, all the way up to replacement of the joint to repair the injury,” Alberta said.

As far as recovery, Clinton is facing anywhere from six weeks to three months of physical therapy.

God, does that bring back some bad memories. Five years ago I broke both of my elbows, my right one so severely that I was in surgery for six hours while they put it back together with three plates, a dozen screws and a titanium radial head (that's my x-ray in the picture. You can click on it for a larger image). I wasn't Secretary of State, running all over the globe, but I was writing & producing a weekly TV series and a few weeks away from the deadline on a novel when the accident happened.  

I was told that implants would remain in my arm for the rest of my life. But after six months of physical therapy, my arm was still locked at a 90 degree angle… so they took all of the implants out again…and I had another six months of therapy. The surgery was a success, but I was left with only about 40% mobility in the arm, and some pain and numbness where my elbow used to be (not to mention a big scar), so not a day goes by when I am not reminded of the accident.

Hillary, I feel your pain.

Uncle Burl Barers All

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Carl Brookins recently interviewed my Uncle Burl Barer, the Edgar Award-winning author of such true crime bestsellers as MOM SAID KILL and MURDER IN THE FAMILY. It's a fun interview. Here are some excerpts: 

What’s the hardest thing about being an author? Making money.

What surprised you the most when you became a published author?

I was surprised that authors don't have groupies such as the ones who pursue rock stars and famous actors, or even disc jockeys. Never be an author to pick up chicks.

Have you ever collaborated on a novel? Would you consider it?

Yes, I collaborated on a novel (unpublished) with someone who wasn't a writer. I would love to collaborate with someone who is a writer. I did contribute to one of Lee Goldberg's pulp fiction novels that he wrote under an assumed name. I helped him with one of the sex scenes. He was, at that time, not as experienced with that topic as he has since, no doubt, become. When his Nana complained that the book was nothing but sex and violence, Lee wisely shifted the blame to my brother and me. My brother deflected criticism by insisting that he only helped Lee with the legal/courtroom scenes. When Mom called me, she asked How could you pervert your little nephew that way? I told her Mom, I only helped him write one sex scene, honest! She replied, It was the one with the ice-cream wasn't it? She was right. It was.

The Mail I Get

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I got this email yesterday: 

I recently finished three courses in screenwriting
at UCLA. For my "writing the one-hour drama" classes, I wrote
a spec for "Monk". […] Earlier today I thought, "Hmmm… this could make a decent
novel." Imagine my surprise when, less than a day later, I
found that there ARE such things!! Since you are obviously
"in the know", to whom might I pitch my "Monk" spec as a
novel? Although I don't have a TV agent, I do have a literary
agent, and am doing the final edits of a book I've co-authored,
coming out in December.

I must get one or two emails a week like this. I wonder what makes them think it's a good idea to ask the guy who writes all of the MONK novels for his advice on how they can take his job away from him. I also wonder why they think that if someone is already writing the books that they might have a shot at it, too. Perhaps it's because the STAR TREK books are written by multiple writers…and these people haven't noticed that the MONK books are only written by one guy…me. Or maybe they are just dumb.

You Can Become a Kindle Millionaire, Part 3

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I am once again following in the footsteps of Joe Konrath and John August  and experimenting with republishing some of my out-of-print and previously-published work. 

THREE WAYS TO DIE, my collection of previously published short stories that I released earlier this month on the Kindle for $.99, is now available as a downloadable PDF (as requested by many of you Kindleless folks) on Scribd for $1.00 (which is the lowest price they will let you charge). 

I've also uploaded a PDF version of THE WALK on Scribd for $1.99, a few cents higher than the Kindle edition (Amazon discounted it from $1.75 to $1.40). Why did I raise the price? Just for the heck of it to see what happens.

Joe Konrath, who has done very well with Kindle editions of his unpublished books, has tried Scribd, but with no success.

Because I'm a cutting edge early adopter who can predict trends (ask Barry Eisler), I offered my ebooks on Scribd 15 days ago, at the same price they are available for on Kindle, less than $2 each.
In 15 days, I've sold zero books. Compare this to over a hundred books a day I sell on Amazon.
Scribd is not the future of epublishing.

John August's short story THE VARIANT sold 2554 Kindle editions through Amazon and 619 PDF downloads through e-junkie from May 1-June 15.

I'll let you know how my PDF downloads perform sales-wise and royalty-wise compared to the Kindle editions.

You Can Become a Kindle Millionaire, Part 2

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I am 15 days into my Kindle experiment and here are the results so far…

Today, THE WALK is ranked #901 in the Kindle Store and:

#18 in  Kindle Store > Kindle Books > Fiction > Action & Adventure
#21 in  Kindle Store > Kindle Books > Fiction > Horror
#28 in  Kindle Store > Kindle Books > Humor

THREE WAYS TO DIE – 38 copies sold @ $.99. My royalties: $13.30.

Today, THREE WAYS TO DIE is ranked #15,365 in the Kindle Store and:

#74 in Kindle Store > Kindle Books > Mystery & Thrillers > Mystery > Hard-Boiled

I've promoted the books here on my blog, my Facebook page, to my Facebook Monk Fans, on Twitter, and on the Amazon Kindle forums (as well as several other Kindle forums, like this one). 

Those sales are nothing to get excited about. I haven't come close to reaching the astonishing and impressive Kindle sales that folks like Joe Konrath and John August have achieved. 

On the plus side, I have been getting some very nice, enthusiastic reviews (publicly on Amazon and privately in emails) for THE WALK and I think that's led to some good word-of-mouth. I have seen the daily sales steadily increasing from one or two copies-a-day to 10-15 copies-a-day.

On the down side, Sales of THREE WAYS TO DIE are flat. I haven't sold a copy in two days.

And several readers have reported some irritating formatting problems with THE WALK. Some paragraphs seem to switch to italics at random. I have looked at the manscript, as both a Word document and in html, and I can't figure out why those paragraphs are changing format…so I have no clue how to fix it. But I will keep trying to figure it out.

I'll give you another update at the end of the month.

UPDATE 6-18-2009:  Sales are definitely trending up for THE WALK, though it's still nothing stellar. As of tonight, THE WALK has sold 219 copies @$1.40. My royalties: $136.49. The book is now #410 in the Kindle Store and:

#9 in  Kindle Store > Kindle Books > Fiction > Horror
#9 in  Kindle Store > Kindle Books > Fiction > Action & Adventure
#14 in  Kindle Store > Kindle Books > Humor

It doesn't seem to take many sales to become a top-ten "bestseller" in genre categories on Amazon, does it? Oh, and I have sold two copies of the PDF version of THE WALK at Scribd, bringing me $1.50 in royalties. 

THREE WAYS TO DIE has sold ten more copies, 47 copies to date, @.99 each, earning me $16.45 in royalties.

Financially speaking, I don't see this as the future of self-publishing, at least not yet. It would take a lot of promotion to reach a wide enough audience to create enough sales to make this financially lucrative (unless you're already an established author … like Joe Konrath…or well-known in other circles…like screenwriter John August). There's a reason Stephen King, John Grisham and Michael Connelly haven't forsaken big New York publisher and "the printed page" for the e-publishing world just yet (or for print-on-demand paperbacks either). 

But one clear benefit of self-publishing/epublishing with the Kindle is that you don't have to shell out any money upfront to do it…nor do you have to go through some vanity press scammer. You don't even pay an unfront listing fee (the way you would with, say, auctions on ebay). You pay at the register…or, rather, your reader does. Amazon and Scribd take a cut from the sales. 

You Can Become a Kindle Millionaire

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My friend author Joe Konrath has done extraordinarily well selling some of his unpublished books on the Kindle, making $1250 in royalties this month alone. That's very impressive. And since its free and easy to upload your book to Amazon for sale on the Kindle, I'm sure that Joe's success is very exciting and encouraging news to a lot of aspiring writers out there. But I suspect Joe's success is the exception rather than the rule. That said, he is encouraging others to follow his lead. He writes:

The average advance for a first time novel is still $5000. If Kindle keeps growing in popularity, and the Sony Reader opens up to author submissions like it intends to, I think a motivated writer will be able to make $5000 a year on a well-written e-novel. Or more. All without ever being in print.

[…]Robert W. Walker, has written over forty novels. Most of them are out of print, and the rights have reverted back to him. If he digitized and uploaded his books, and priced them at $1.59 (which earns him 70 cents a download), and sold 500 copies of each per month (I sold 500 of Origin and 780 of The List in May), he'd be making $14,000 a month, or $168,000 a year, on books that Big NY Publishing doesn't want anymore.
Even if he made half, or a third, or a fifth of that, that's decent money on books that he's not doing anything else with. Now, all of us aren't Rob, and we don't have 40 novels on our hard drives, especially 40 novels that were good enough to have once been published in print.
But how long do you think it will be before some unknown author has a Kindle bestseller?

Joe is making a lot of assumptions based on the admirable success of his own Kindle titles. It's a big, big, BIG leap to think, just because his book has done well, that Robert W. Walker (or any other mid-list author) will sell 500 copies…or even 50 copies…of his out-of-print books on the Kindle each month. 

But just for hell of it, I decided to follow Joe's advice and put my out-of-print 2004 novel THE WALK and a short-story collection THREE WAYS TO DIE up on Amazon for sale on the Kindle and see what happens. 

So far, after only a few days on Amazon, sales of those Kindle editions have been brisk. For instance, today THREE WAYS TO DIE was ranked as Amazon's #30 bestselling Kindle short story collection and the 40th top-selling hard-boiled Kindle mystery. 

Pretty impressive, huh? 

And it's paying off in the wallet, too, my friends. I've already raked in ten dollars in royalties. So I spent today at the Bentley dealership checking out the car I'm going to buy at year-end with my Kindle royalties.

I do not mean to belittle Joe's success on the Kindle. It is truly impressive and its a reflection of his considerable promotional skills (as well, I'm sure, of the quality of the books themselves). But do I think the vast majority of published, as well as unpublished, writers can easily achieve the same success he has with Kindle editions? No, I don't.

But I would love to be proved wrong. I'll report back at the end of the month on how my Kindle sales on these two titles are doing.

(Incidentally, several of my MONK and DIAGNOSIS MURDER books are also available on the Kindle. Although the MONK books sell very well in hardcover and paperback, the Kindle sales are miniscule…and keep in mind that my MONK books, unlike those that an unknown writer might put up for sale on the Kindle, benefit from the huge advertising, promotion, and brand awareness that goes along with a hit TV series)

UPDATE 6-11-2209: Joe Konrath has updated his Kindle sales figures and they are pretty impressive. Here's a sample:

On April 8th, I began to upload my own books to Kindle. As of today, June 11, at 11:40am, here is how many copies I've sold, and how much they've earned. 

THE LIST, a technothriller/police procedural novel, is my biggest seller to date, with 1612 copies sold. Since April this has earned $1081.75. I originally priced it at $1.49, and then raised it to $1.89 this month to see if the sales would slow down. The sales sped up instead. 

ORIGIN, a technothriller/horror occult adventure novel, is in second place, with 1096 copies sold and $690.18. As with The List and my other Kindle novels, I upped the price to $1.89. 

SUCKERS is a thriller/comedy/horror novella I wrote with Jeff Strand. It also includes some Konrath and Strand short stories. 449 copies, $306.60.

Joe also talks about some of the lessons he's learned along the way. I'll post the stats from my experiment at the end of the month.

Check Twitter Before Meetings

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Twitter-logo Last Tuesday, I had a meeting with a showrunner about filling an open writer/producer position on his new series. I learned yesterday, a week later, that he was going with somebody else. That's no big deal, it happens all the time. But here's the twist… it turns out that an hour before my meeting last week, the showrunner tweeted that he'd just made an offer to a guy I'll call "Producer X" and that he was "crossing his fingers" that the offer would be accepted. So when I had my meeting, the showrunner had already decided to go with someone else…and had announced it to the world…but not to me. He was seeing me as, at best, a back-up in the case the other guy passed…which would be fine, if he hadn't already announced publicly that he really wanted somebody else.

But wait, there's more. Last Wednesday morning, the day after our meeting, the showrunner tweeted that he'd just hired Producer X.  But he didn't get around to telling my agent it was a pass until yesterday…a full week later. He couldn't wait to tell the world his decision…but blew off my agent for a week.

The moral of this story? I'll be checking Twitter before and especially after my meetings…and so will my agent.