Negotiating Writing Contracts

by Paul D. Marks and Jacqueline Seewald

A couple of months ago I read a blog post by Jacqueline Seewald that I really liked and thought contained a lot of good advice. So I asked Jacqueline if I could re-post it here at SleuthSayers as I thought our readers would also find it interesting and useful. She updated it a bit and gave me permission to share it.

A little about Jacqueline:

Jacqueline Seewald

Multiple award-winning author, Jacqueline Seewald, has taught creative, expository and technical writing at Rutgers University as well as high school English. She also worked as both an academic librarian and an educational media specialist. Nineteen of her books of fiction have been published to critical praise including books for adults, teens and children. Her most recent novels are Death Promise and Witch Wish. Her short stories, poems, essays, reviews and articles have appeared in hundreds of diverse publications and numerous anthologies such as: The Writer, L.A. Times, Reader’s Digest, Pedestal, Sherlock Holmes Mystery Magazine, Over My Dead Body!, Gumshoe Review, Library Journal, and Publishers Weekly. Her writer’s blog can be found at: http://jacquelineseewald.blogspot.com

Take it away, Jacqueline:


How to Negotiate Writing Contracts

Recently I signed contracts with two different publishers for two separate novels, one a mystery novel in the continuing Kim Reynolds series, the other a stand-alone historical romance set during the American Revolution. Each contract involved negotiations resulting in compromises from both myself and the publishers. I was reminded that I might have some ideas that could be helpful to other authors who also don’t work with agent representation. I hope what I share with you will prove helpful.

Let us say you have written and rewritten until you’ve finally completed the best work of which you are capable. At last, you find a publisher who appears to recognize your accomplishment and achievement. And now you are offered a contract. There are perhaps a few things that you should understand about contracts.

First of all, publishers use contracts to protect their own interests. Writers need to be savvy enough to do the same. Even if you have the benefit of being represented by a literary agent, you should not be ignorant in this regard. Let's say you've been offered a contract for a work of writing you've created. What should you expect to be included?

If you can afford it, I would recommend that you have an attorney look over your contract. But let's assume that the publication is a small one and the amount of money offered is less than impressive. Obviously, it will cost you more than you would earn to have an attorney examine your contract. Also, it’s not likely that an agent will want to bother with it either.

When you need to act as your own attorney and agent, the best thing to do is read up on contracts for writers before you sign. Here's where books like Writer's Market can be helpful. Writer's magazines often carry helpful articles. Writer's organizations like: The Author's Guild (www.authorsguild.org), National Writer's Union (www.nwu.org), American Society of Journalists and Authors (www.asja.org), Science Fiction and Fantasy Writers of America (http://www.sfwa.org/contracts/) all carry valuable information.

In regard to newspapers and magazines, there are a wide variety of agreements. Some editors work by verbal agreement (the proverbial handshake) while others insist on detailed written contracts. I’ve had both types of contracts work out well--but sometimes not so well. It all depends on the integrity of the publisher.

Writers are usually asked to sell first serial rights or one time rights. This is preferred by authors. If you sell "all rights" to a specific work then you will be unable to sell reprint rights later. And many smaller publications are quite happy to purchase reprints. At times I’ve sold reprint rights to short fiction and novels for more money than I received for selling first rights. So avoid selling “all rights” if at all possible. Of course, you can request that reprint rights are returned to you at a later date, but be aware that the publisher is not obligated to return them. My suggestion: always negotiate. I have turned down several well-paying publications for both nonfiction and fiction because I refused to sell all rights. I don’t regret it.

Payment should be specified and agreed upon. It shouldn’t be left vague. Request payment on acceptance. You might not get it, but it's best to ask. Getting paid upon publication can lead to all sorts of problems. Not every publisher is honest or has integrity. Remember that contracts are negotiable. There's nothing wrong with asking for changes that benefit you.

Ideally, a kill fee should be specified. This means that if the publication does not use your work, it still has to pay you a percentage of the original fee.

If you do have a written contract—and that’s always best—request that a specific date for publication be included. Some publishers will hold your work indefinitely otherwise. And yes, this has happened to me as well.

Book contracts are much more complicated to negotiate. If possible, once you are offered a book contract, obtain the services of an agent or attorney. True you will be giving away a percentage of your earnings on a contract you have gotten for yourself. However, if a good agent will now agree to represent your future work, then you are doing quite well. An agent can often get concessions from a publisher that you cannot. Here are a few examples: a higher advance, higher percentage of royalties, more free advance review copies and/or final copies of your book. Also, a good agent can deal with the publicity department of the publishing house on your behalf. Well-connected agents can get your work seen by top editors at the major publishing houses. They network and know what particular editors are buying at a given time.

 Assuming you are offered too little of a payment to make this practical and interest a first-rate agent, then you should read up on contracts for authors before you make a decision to sign on the dotted line.

What should you insist be included in your book contract? You ought to insist on an advance. The advance is based on a formula that projects the book's first year profits. Many small or independent publishers claim they do not and cannot offer authors advances against royalties. However, the publisher hopefully can be made to see that an advance, even a small one, is viewed as "good faith" money by the author. If no advance whatever is offered, this is a sign that the publisher does not expect the book to sell well or doesn't plan to put much or any money in marketing and publicizing your work once the book is published. A nonrefundable advance is what the author should be requesting. As to royalties, request that they be based on the retail price or gross and not the net proceeds which often turn out to be quite small. Publishers generally want only to give you a net percentage which ends up as very little, especially when they claim that there are “returns” of your book. Creative accounting by publishers is quite a common practice and hard to prove. Hiring a forensic accountant simply isn’t practical for a majority of writers.

Publishers generally ask for every kind of rights possible. You may want, for instance, to insist that movie and theatrical rights be removed. Publishers often include option clauses in their contracts insisting that they be offered first rights to your next book. This can be a problem if your work is successful but you are still offered the payment terms of the previous contract. Worse still is the publisher's right to last refusal.

A time range for publication should also be included in the contract. Two years is acceptable; past that, all rights should revert to the author.

Another matter of importance: find out in advance if the publisher will be sending your book out for reviews. If possible, have this specified in the contract. Without reviews from major publications the majority of readers will not know your book exists. Your sales will be highly limited.

Above all else, accept no contract in which you are expected to pay for anything. I cannot emphasize this enough! Any request for fees is a clear indication of a disreputable publisher. Alarm bells should go off. Run, don't walk away! Be suspicious, because there are plenty of scam artists around. Check out writing scams via the internet. There are lists of so-called agents and publishers to avoid on many of the legitimate writer's sites. Check out, for instance, SFWA's Writer Beware: http://www.sfwa.org/for-authors/writer-beware. This website offers valuable information.

My advice is to be patient. Take your time and consider your options carefully. Respect yourself and the integrity of your hard work. And don’t settle for less from a publisher.

If you disagree on some of what I’ve written or can offer your own helpful advice and information, please do so. Your comments most welcome to be shared!

***

Thanks for joining us at SleuthSayers and for the great advice, Jacqueline.

~.~.~

And now for the usual BSP:

Don't forget to check out Broken Windows, the sequel to my Shamus award-winning novel, White Heat. Betty Webb at Mystery Scene magazine says: "Broken Windows is extraordinary."

Please join me on Facebook: www.facebook.com/paul.d.marks and check out my website  www.PaulDMarks.com

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The Future of Writing

Many of us have nostalgic, warm feelings of curling up with a book in the rain. For a lot of us here at SleuthSayers it’s more than likely a mystery or a thriller, though I’m sure we all read many different kinds of books, mainstream fiction, non-fiction, a little of everything.

But how many of our kids have that warm feeling? How many of our kids enjoy reading just for the pleasure of it? How many people read paper books anymore? And are young people reading these days? They do seem to read YA books, maybe on Kindle and iPad but not often in paperback. But they are reading less than previous generations and spending more time playing games on their phones, texting and watching movies instead of reading. More distractions and shorter attention spans. They’ve grown up with everything being faster and getting instant gratification. Do they ever read classics or history or something that’s a stretch for them? And how many never read anything longer than a  Facebook post or Tweet?

My wife, Amy, who takes the train to work, says, “I notice on the train a lot of people staring at their phones. Some are reading, but the really serious readers have paperbacks or Kindles and don’t read on their phones. Most are texting or playing games. And it’s time that could be spent reading but they don’t. And that’s scary. I understand wanting to do something mindless and entertaining for a little while, but we also need to exercise and stretch our brains and imaginations sometimes, too.”

It seems to me that, while there are still some places to buy books besides Amazon, and that people still read, I’m not sure how many people read or what they’re reading. So the question is, is fiction a dying art? And how does that affect our writing?

Many people, of all ages, would find Don Quixote slow to come to a boil. Nothing happens for too long. That’s the way it is with a lot of books from earlier times and not even all that earlier. Hemingway was known for his “streamlining” of the language, but many people these days find his books slow going.

The same applies to movies. Even movies made 20 or 30 years ago are too slow for many people today. And when they watch movies they often watch them on a phone with a screen that’s five inches wide. How exciting is that? And many movies today are of the comic book variety. I’m not saying no one should read comic books or enjoy comic book movies, but it seems sometimes like that’s all there is in the theatres.

And novels have become Hollywoodized. I like fast paced things as much as the next person, but I also like the depth a novel can provide that movies or TV series often don’t. And one of the things that I liked about the idea of writing novels was being able to take things slower, to explore characters’ thoughts and emotions.

In talking to many people, I often find there’s a lack of shared cultural touchstones that I think were carried over from generation to generation previously. That also affects our writing. Should we use literary allusions, historical allusions? If so, how much do we explain them? And how much do we trust our audience to maybe look them up? The same goes for big words.

Way back when, I was writing copy for a national radio show. Another writer and I got called on the carpet one time and dressed down by the host. Why? Because we were using words that were “too big,” too many syllables. Words that people would have to look up. So, we dumbed down our writing to keep getting our paychecks. But it grated on us.

But in writing my own books and short stories I pretty much write them the way I want to. I’m not saying I don’t stop and consider using this word instead of that. But I hate writing down to people. When I was younger I’d sit with a dictionary and scratch pad next to me as I read a book. If I came on a word I didn’t know I’d look it up and write the definition down. And I learned a lot of new words that way. Today, if one is reading on a Kindle or similar device, it’s even easier. You click on the word and the definition pops up. That’s one of the things I like about e-readers, even though I still prefer paper books. But I wonder how many younger people look up words or other things they’re not familiar with.

And what if one wants to use a foreign phrase? I had another book (see picture) for looking those up. But again, today we’re often told not to use those phrases. Not to make people stretch. I remember seeing well-known writers (several over time) posting on Facebook, asking if their friends thought it was okay to use this or that word or phrase or historical or literary allusion because their editors told them they shouldn’t. That scares me.

So all of this brings up a lot of questions in my mind: What is the future of writing? Are we only going to write things that can be read in ten minute bursts? And then will that be too long? What does all this mean for writers writing traditional novels? Will everything become a short story and then flash fiction?

In 100 years will people still be reading and writing novels? Or will they live in a VR world where everything is a game and they can hardly tell reality from fantasy?

So, what do you think of all of this?

~.~.~

And now for the usual BSP:

My story Past is Prologue is out in the new July/August issue of Alfred Hitchcock Mystery Magazine. Available now at bookstores and newstands as well as online at: https://www.alfredhitchcockmysterymagazine.com/. Hope you'll check it out.

Also, check out Broken Windows, the sequel to my Shamus Award-winning novel, White Heat.

Please join me on Facebook: www.facebook.com/paul.d.marks and check out my website  www.PaulDMarks.com

Click here to: Subscribe to my Newsletter

Tess Gerritsen: What Makes Books Fail?

In my last post for SleuthSayers I briefly mentioned Tess Gerritsen and her keynote speech at the California Crime Writers Conference. Leigh asked if I could talk a little more about what she said, so here goes:

I really enjoyed her speech, it was funny and relatively short—about twenty minutes. And it kept my interest. Much of what I say here is quoted or paraphrased closely from her speech. But I think I misstated her premise in my last piece, saying she talked about What Not to Do. More accurately her speech was about What Makes Books Fail. She started with some anecdotes and wound her way around to that topic.

She opened talking about how happy she was to be in sunny SoCal. Though it hasn’t been as sunny here as it normally is. But I guess coming from Maine anything above 50 is sunny.

She segued into Delia Owens and her phenomenal success with Where the Crawdads Sing. She also talked about The Guernsey Literary and Potato Peel Pie Society, by Mary Ann Shaffer and her niece  Annie Barrows which spent many weeks on the NY Times best seller list. Delia Owens was 70 when her debut novel came out. Shaffer, author of Potato Peel was 74 …and died before it came out. The point was it doesn’t matter how old you are or what you look like. You just have to do it. And you don’t even have to be alive to be a debut novelist!

Delia Owens

Mary Ann Shaffer and her niece Annie Barrows

She moved on to talk about something we can all relate to. One day, while in her local grocery store, the butcher smiled at her over the meat counter. Then came running out after her—hopefully not with a butcher knife raised over his head.

“I knew you’d be in here eventually,” he said. “I want to give you this.”

Three guesses as to what he wanted to give her. Okay, time’s up.

He brandished a manuscript—what else? She took it. And to cut to the chase it never got published, at least not traditionally.

Another time she was in a restaurant. A man across from her jumped out of his chair, dashing out of the restaurant. He returned 20 minutes later with a briefcase…holding, well, you know what it was holding.

And then she talked about love, at least Shakespeare in Love. But rather than try to retell what she said, this, from her website, pretty much covers it:

“Young Shakespeare writes ‘Romeo and Juliet’, falls in love, and tries to stay one step ahead of the Queen’s guard. The scene that had me laughing hardest? When a ferryman finds out that Shakespeare’s a writer and asks him, ‘Will you read my manuscript?’”

Do you notice a theme here?

But the real theme of her talk was why some novels get published and others don’t. Why didn’t the butcher’s novel get published? The real theme was:


What Makes Books Fail

Ms. Gerritsen said that there are certain mistakes that are made often that keep one from breaking out or getting a traditional contract. By way of illustration, she talked about Uncle Harry. We all have one, right?

Uncle Harry and Aunt Maude both experienced the same earth shattering event. Harry will talk your ear off, telling you everything that happened, blow by blow, and bore you to death. Maude will tell you the same story and keep you on the edge of your seat. What’s the difference? Maude gives you the high points of the story.

Tess says we need to identify where the emotional high points are. It’s not that Harry isn’t intelligent, but he needs to get a sense of the dramatic. That’s why Maude’s version is better.

She told the story of Michael Palmer’s agent taking him on, even though the agent didn’t like the book, because they thought he had a sense of the dramatic. And when she and Palmer, both doctors, taught a course in writing for other docs who wanted to be novelists, they discovered that most of them, intelligent as they are, and as understanding of all the tech aspects, couldn’t tell a good story because they didn’t have that sense of the dramatic.

Tess Gerritsen at the 2019 California Crime Writers Conference

And her heart dropped when an attorney-friend of hers wrote a book and wanted to talk to her about it. But, she thought, he does interesting stuff so maybe it would be okay, and agreed to meet for lunch. And this is what she said:

“His book was about a man who comes of age in the turbulent 60s and moves to Maine. ‘And what happens,’ I asked. ‘It’s about self-discovery, about the journey, about coming to grips with life,’ he said. ‘But what happens,’ I said, ‘where’s the conflict? Where’s the struggle?’ And he said, ‘life is a/the struggle.’ And I thought okay, we’re in trouble. So the more I pressed him on the plot and the characters, the more I heard about actualization and personal journeys and maximizing relationships. And in a fit of frustration, I finally just said, ‘you’re thinking too hard. You should be feeling the story,’ and that’s what I’ve come to conclude, is that what makes most stories fail is that people are thinking too hard and they’re not feeling their way. In a nutshell, writers really shouldn’t be cerebral, shouldn’t be logical. We should be thinking about the dramatic points in our lives, the emotional centers in our lives.”

And one more example: Another man wrote a scene about a family preparing a BBQ. He wrote it in great detail, the cooking, the salads, every little thing. And then his grown child telling the dad that “we’re going to have a baby.” That’s great, the dying dad says, congratulations, and they go in and have dinner. But the author didn’t let the characters chew on that. Didn’t play off the emotional core of the scene, the dying man becoming a grandfather. It was just glossed over.

Tess said she remembers the day she was told she was going to have her first grandchild. Her son, who has a flair for the dramatic, showed her a sonogram on the rim of the Grand Canyon. She and her husband started sobbing. She doesn’t remember the hike or how she got to the rim. She only remembers about the baby, now her five year old granddaughter. So, she told the man writing about the BBQ he shouldn’t pass over the emotional center so quickly and spend so much time on the steaks being medium rare. She couldn’t remember the trip to the Grand Canyon. Every bit about the salad or how the steaks were cooked wasn’t what was important.

How a book fails, she said, is that we fail to remember that we’re human beings. It’s all about emotions, not about telling. And a large part of our skill is choosing the scenes—which scene/s are you going to point out? What are the details that matter to you? And even though we sometimes have to deal with technical aspects of what’s happening, we still need to find the emotional things there.

She used her book Gravity as an example. She had to explain the technical aspects of a spacewalk. But she didn’t have the heart of her story until she read Into Thin Air, where one of the climbers, who knew he was doomed to die on the mountain, called his wife to say goodbye. That brought Tess to tears and gave her the spark for the emotional center for Gravity. What is your last goodbye going to be like? Make your story interesting by bringing in your emotions.

So, even when you do need to tell, as we sometimes do, you need to find the emotions of the scene. Show something from the point of view of what you and your characters are feeling.


The bottom line:

What she’s learned is: trust your heart. That’s where your story needs to be. Don’t tell, but show. Choose the scenes that have the highest amount of gravitas and angst, and maybe we’ll all be Delia Owens someday.

~.~.~

And now for the usual BSP:

My story Past is Prologue is out in the new July/August issue of Alfred Hitchcock Mystery Magazine. Available now at bookstores and newstands as well as online at: https://www.alfredhitchcockmysterymagazine.com/. Also in this issue are fellow SleuthSayers Janice Law, R.T. Lawton and B.K. Stevens. Hope you'll check it out.

Please join me on Facebook: www.facebook.com/paul.d.marks and check out my website  www.PaulDMarks.com

Click here to: Subscribe to my Newsletter

Hollywood: Land of Broken Dreams

In the tense opening of my novel Broken Windows, a young woman—Susan Karubian—drives up the windy roads of the Hollywood Hills. She parks. She walks to a huge structure on the side of the mountain. Climbs it. Contemplates a moment. Then jumps to her death from the Hollywood Sign. We’re left to wonder who she is and why she does what she does.

But she isn’t the first person to jump to her death from the Sign. Susan is loosely based on Peg Entwistle. Entwistle came to Hollywood in 1932 to fulfill her dreams of becoming a star. When that didn’t happen she became the only known person to have jumped to her death from the Sign…until Susan Karubian in Broken Windows. But Susan has more reasons than simply not fulfilling dreams of stardom for her jump into infamy in 1994, when the novel takes place.

Here’s some excerpts from the opening of Broken Windows:

Prologue (Disjointed) Excerpts:

The nonstop rain of the last couple weeks had broken. The view from up here was incredible. You could almost see Mexico to the south and the Pacific glittering in the west. The city below, shiny and bright. Pretty and clean from up here. A million doll houses that reminded her of childhood, playing with dolls and making everything come out the way she wanted it to. Little toy cars down below, scooting back and forth. Swarms of ants scurrying this way and that on important business. Oh yeah, everyone here had important business all day and all night. Everyone but her. She gazed down at Los Angeles on the cusp of the millennium. The place to be. Center of the universe…

...The city glowed, shimmering with hope and desire and people wanting to make their dreams come true. She knew this, because she was one of those people…

…If she couldn’t be famous in life, she would be famous in death. But she’d make her mark one way or another. She hoped her fall from grace would be graceful, even if her life hadn’t been.

I’d like to say that the idea for this just popped into my head ’cause it was a cool thing to do – a great hook to open the book. But I’ve always been fascinated by Peg Entwistle and her jump into infamy. One of the themes in my writing that I revisit from time to time is how Los Angeles is the place people come to fulfill their dreams, to start over, to become a new and different person. How Los Angeles is on the edge of the continent and if you go too far you fall into the Pacific, lost to the world forever, at least metaphorically speaking. How many – maybe most – of the people who come here with Big Dreams never achieve them. They become hangers on, wanna-bes and also-rans. Dejected and Depressed. I think Peg Entwistle was one of those people.

Peg (I hope she won’t mind my being informal with her) was born February 5, 1908 and died on September 16, 1932 in that famous jump. She was born in Port Talbot, Glamorgan, Wales, as Millicent Lilian Entwistle. Peg and her father – it appears he’d divorced her mother – emigrated to America, landing in Cincinnati and then New York. Her father died in 1922 and Peg began studying acting in Boston.

Apparently, in 1925 a young woman saw a seventeen year old Entwistle play the role of Hedvig in Ibsen’s The Wild Duck. After seeing Entwistle in the play, that young woman told her mother, “I want to be exactly like Peg Entwistle.” And ultimately Bette Davis surpassed her inspiration.

Eventually, Entwistle found work on Broadway, performing in several shows. And in 1927 she married actor Robert Keith, father of actor Brian Keith of Family Affair and other TV and film fame. So she became his step-mother for a time. Entwistle and Keith eventually divorced and Entwistle moved west to stake her claim in Hollywood during the Great Depression.

She appeared in several plays, but in only one movie Thirteen Women, starring Myrna Loy.

From here the facts get a little murky. But apparently, despondent over not making it in Hollywood, she made that infamous climb to the top of the “H” in the Sign and jumped into history.

Her suicide note read, “I am afraid, I am a coward. I am sorry for everything. If I had done this a long time ago, it would have saved a lot of pain. P.E.”

Find a Grave says, “Today she is remembered for being an example of the lost aspirations of many who go to Hollywood to become actors or actresses. Ironically, the day after her death, a letter arrived at her home, offering her the lead role in a stage play about a woman driven to suicide.”

Whether this letter is for real is a matter of dispute. But either way, it says everything about people’s quest for fame and their obsessive desire for their guaranteed (by Warhol) fifteen minutes in the sun and in the news.

~.~.~

And now for the usual BSP:

White Heat -- Shamus Award-Winning mystery-thriller -- is a BOOKBUB Featured Deal on Sunday, May 19th. You can get the E-book for only $0.99.  https://tinyurl.com/y5oq3psq

***

New May issue of Mystery Weekly is out. And I'm honored to have my new story The Box featured on the cover. Hope you'll check it out. -- This link is to the Kindle version, but there's also a paper version available.

https://www.amazon.com/Mystery-Weekly-Magazine-2019-Issues-ebook/dp/B07RC8XS93

***

Please join me on Facebook: www.facebook.com/paul.d.marks and check out my website www.PaulDMarks.com

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To Flash or Not to Flash

Jorge Luis Borges

Flash Fiction seems to be very popular these days. It’s short, it’s punchy. It usually ends with a twist.

I haven’t written much flash fiction, really one story.  Fade Out at Akashic’s Mondays Are Murders: http://www.akashicbooks.com/fade-out-by-paul-d-marks/

But one of my favorite short stories of all time can be considered flash fiction: Jorge Luis Borges’ Two Kings and Their Two Labyrinths. This parable hit me hard when I first read it. And I read it over from time to time.

I think it runs about a page, maybe a page and a half. Because it’s so short, I wanted to print the whole story here, but because of copyright concerns I’m not going to. So here’s what Wikipedia says about it – Spoiler Alert:

“A Babylonian king orders his subjects to build him a labyrinth ‘so confusing and so subtle that the most prudent men would not venture to enter it, and those who did would lose their way.’ When an Arab king visited his court, the king of Babylon told him to enter the labyrinth in order to mock him. The Arab king finally got out and told the Babylonian that in his land he had another labyrinth, and Allah willing, he would see that someday the king of Babylonia made its acquaintance.’ The Arab king returned to his land, and launched a successful attack on the Babylonians, finally capturing the Babylonian King. The Arab tied him on a camel and led him into the desert. After three days of riding, the Arab reminds the Babylonian that he tried to make him lose his way in his labyrinth and says that he will now show him his, ‘which has no stairways to climb, nor door to force, nor wearying galleries to wander through, nor walls to impede thy passage.’ He then untied the Babylonian king, ‘and abandoned him in the middle of the desert, where he died of hunger and thirst...’”

It ends on the line, “Glory to the Living, who dieth not.” Yeah, the one who does not dieth gets the glory all right.

The irony of the ending gets me every time and it’s not like it’s a chore to re-read it because, well, because it’s so damn short.

I think what this story illustrates is that flash fiction can boil down the essence of a short story into a very small space. And what you end up with is the essential ingredients to what I think every short story, novella and novel must have. And what are these elements: a beginning, middle and end. Intriguing characters, a brief set up of the situation, a twist or turning of the tables, a conclusion and most importantly, a point.

Have you ever had a friend that starts to tell you a story and never seems to get to the punchline? At the end of their speech they say something like “well I forget the point I was trying to make.” Isn’t that frustrating? Well the same thing happens in short stories. An acquaintance once asked me to read a story they wrote and while the writing was technically good (grammar, punctuation, descriptions, etc… all well-written) the story never got to the point. It just meandered about, so and so meeting so and so and they went to such and such a place and did this and said that. Nothing ever happened and I was bored. I know that some schools of thought believe this is what literary writing should be ;-) . Just slice of life and the writing and descriptions are all that matter, but I just don’t get it. I understand that some stories are more subtle in the way they evolve, but in my humble opinion (and maybe it’s just my personal taste) I want something to happen and I want to feel a sense of the character having been changed or seeing something in a new way.

The most successful stories come to a point. There is a climax and a conclusion, sometimes an irony or a lesson, though not a preachy one. Sometimes the fulfillment of some quest or goal, but always a point. Borges’ story makes a very ironic and clear point while telling a tale of revenge. Now if the Arab King just invited the Babylonian king to his palace and murdered him, would you feel satisfied?

So, while I’m not personally into writing flash fiction on a regular basis, I see the benefits. It can help you hone your craft and learn to build stories that are lean, spare and pithy, and that can ultimately help you write a more compelling longer story or novel. It is the story/novel stripped down to its bare bones.

What do you think?

PS – Other favorite Borges stories include, The Circular Ruins and The Garden of the Forking Paths.

~.~.~

And now for the usual BSP:

My short story House of the Rising Sun and lots of other great stories are in Switchblade - Issue 9, available on Amazon (Kindle version) now: https://www.amazon.com/dp/B07QW5GVZF. The paperback version to follow in May.

GoodReads Giveaway: I'm giving away 10 signed paperback copies of my Shamus Award-Winning novel White Heat. Hurry, the giveaway ends on May 1st. Click here to enter to win: https://www.goodreads.com/giveaway/show/291413-white-heat

Please join me on Facebook: www.facebook.com/paul.d.marks and check out my website www.PaulDMarks.com

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Hey, Mister

Say, mister. Will you stake a fellow American to a meal?

            — Fred C. Dobbs (Humphrey Bogart) in The Treasure of the Sierra Madre

Yes, it's very pretty. I heard a story once – as a matter of fact, I've heard a lot of stories in my time. They went along with the sound of a tinny piano playing in the parlor downstairs. “Mister, I met a man once when I was a kid,” it always began.

            —Rick Blaine (Bogart again, in Casablanca)

Okay, to be honest, I’m not really sure how apropos these quotes are for the following piece. But hey, mister (and Ms.), why not look for an opportunity to get Bogart into a piece?

I get the equivalent of “Hey, mister” sometimes when people that I know and sometimes people I don’t really know tell me they’ve got the greatest idea since the Moviola (remember those, Larry Maddox?) was invented. And if I write it for them we’ll both be rich. Or if I write it for them, they’ll take half of the gobs of profits and I can have the whole other half. So like Dobbs in Treasure of Sierra Madre, they want me to stake them to a completed script or manuscript from their original, fabulous, never-been-done-before, get rich quick, idea.

I have a friend, let’s call him Friend, who is a non-stop idea machine. Not just for writing projects (both film and prose) but for pretty much every other thing under the sun. If he could just get one done he might actually make that million bucks. But he never does. He’s all talk and no sit-down-and-do-it. Re: writing he wants me to sit down and do it and split the billions we’ll make. He’s enthusiastic and the ideas fly out of him at a million miles an hour. Some ideas better than others, but nothing that makes me want to pull out a contract and say “Yeah, let’s do it.” He’s a fount of ideas, but I’ve been approached by others as well. They don’t seem to realize that I have ideas of my own.

Moviola

On another occasion, an old girlfriend and I got back in touch for a short time – let’s call her Girlfriend. It was nice catching up with her. But right off the bat she said her husband wanted to talk with me. He liked film noir. He had friends who liked film noir. When she originally put me in touch with him I think I naively thought that he’d want to shoot the breeze about noir films or books…….or God-forbid even one of my books. But nope. Right away, he asked me to read a couple scripts by his friends and see what I could do with them. Well, both for legal and other reasons, I never even downloaded the scripts he sent me. Therefore, never looked at them. They, too, might have been the greatest thing since the Moviola, but I’ll never know. And I thought it was odd that he had the chutzpah as to ask something like that right out of the gate of someone he didn’t know, had never talked to, etc. But then, he’s a lawyer, so maybe it’s to be expected…

I’m approached fairly often with these fabulous offers, which I take about as seriously as the fabulous offers I see on late-night TV or hear from telemarketers. I try to help people whenever I can, as I’ve been helped by others. But one thing I don’t necessarily want to do is work on someone else’s idea at this point in my life. I’ve done that in the past. But that’s not where I’m at now. I don’t need the headaches of working with someone else, especially someone who wants it done their way but wants someone else to do it their way. And I have plenty of ideas of my own. Several hundred written down in a couple files on my computer.

So when someone gives me the equivalent of “Hey, mister, can you stake a fellow American to a script or manuscript or whatever,” I try to politely turn them down.

What about you?

~.~.~

And now for the usual BSP:

The Anthonys. Well, from the BSP Department and since Anthony voting is still in progress, I hope you'll consider voting for Broken Windows in the Best Paperback Original Department.

The third story in my Ghosts of Bunker Hill series, Fade Out on Bunker Hill, appears in the March/April 2019 issue of Ellery Queen Mystery Magazine. If you like the movie Sunset Boulevard, I think you'll enjoy this story. In bookstores and on newstands now:

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Fracture

A while back I did a post here about neo-noir films that I liked. One of them was Fracture, with Ryan Gosling and Anthony Hopkins.

Today I’m going to go into more depth about that film, which also stars David Strathairn, Rosamund Pike and Billy Burke:

No, not that Billie Burke, this Billy Burke:

And, you know I did that just to show pix of both and (hopefully get a laugh)…

Written by Daniel Pyne and Glenn Gers and, and directed by Gregory Hoblit, it’s one of those movies that I find myself watching over and over – I’ve seen it a few times now. And want to watch even more, but talk myself out of doing so so I can see something new or that I haven’t seen in a long time.

The movie’s opening credits roll over a sort of super hi-tech Rube Goldberg contraption which sets the tone for the twists and turns that will be delivered later. And the story revolves around Ted Crawford (Hopkins), a hotshot millionaire aerospace guy, and Willy Beachum (Gosling), a hotshot Deputy District Attorney in L.A., who wants to move into the big bucks world of corporate law. Crawford knows – we’re not sure how but he knows from before the movie starts – that his wife is having an affair with a man, who’s also an LAPD detective. He wants revenge. He wants to get away with it. And he has very ingenious plan to try to do so.

It’s hard to talk about a movie like this and not give away plot twists or spoilers, so I feel like I’m being a little vague. But the movie is a clever cat and mouse game between the very shrewd and brilliant Crawford and the equally good DDA. Two matched equals gunning for each other and isn’t that one of the things we’re told do in writing – the villain and the hero must be equal to each other. And, boy, are these two. It’s like Sleuth or Death Trap on a bigger canvas.

One of the underlying themes (and where I believe the title comes from) is finding the flaws or cracks in a person. Crawford tells Beachum the story of how he grew up working on his grandfather’s farm. His job was to candle eggs – check the eggs and look for hairline fractures and flaws and remove any bad eggs. Well Crawford did the job so well that none of the eggs made the cut. It’s a brilliant piece of writing – a clever way to have the audience see what a sharp and ruthless man Crawford is and how he can’t tolerate weakness in his unfaithful wife or the hapless police department or anywhere else. And how Crawford, like the predator he is, is able to find the flaws in the cops, the system and the DA – to find Beachum’s hairline fracture – and take advantage of his/their weaknesses:

Ted Crawford (Hopkins): You know, my grandfather was an egg farmer.

Willy Beachum (Gosling): This isn't going to be about your, uh, "rough childhood," is it?

Ted Crawford : No, I used to candle eggs at his farm. Do you know what that is? You hold an egg up to the light of a candle and you look for imperfections. The first time I did it he told me to put all the eggs that were cracked or flawed into a bucket for the bakery. And he came back an hour later, and there were 300 eggs in the bakery bucket. He asked me what the hell I was doing. I found a flaw in every single one of them - you know, thin places in the shell; fine, hairline cracks. You look closely enough, you'll find that everything has a weak spot where it can break, sooner or later.

Willy Beachum : You looking for mine?

Ted Crawford : I've already found yours.

Willy Beachum : What is it?

Ted Crawford : You're a winner, Willy.

Willy Beachum : Yeah. I guess the joke's on me then, isn't it?

Ted Crawford : [grinning]  You bet your ass, old sport.

Hopkins is of course magnificent in this role. And Gosling is likeable and earnest and believable. The casting of these two is a great move.

As with all movies, there’re some things in the movie that defy belief. But what movie doesn’t if you really look at it. If I was an attorney I could probably tear apart the courtroom scenes, but again, you have to suspend disbelief and go for the ride. So, as with all movies, you have to suspend your disbelief and enjoy the ride. And Fracture, for my money, gives a hell of a fun ride as these two antagonists jockey back and forth with one having the advantage and then the other.

I never get tired of watching them play the game and I always see something new each time I watch it that I didn’t notice before, even though I know the outcome. I rate it five out of five .50 cal BMG rounds straight up.

If you’ve seen the movie, I’d be curious to hear what you think – just don’t give away any spoilers. And if you haven’t and decide to check it out, I hope you’ll enjoy it even half as much as I do.

~.~.~

And now for the usual BSP:

The third story in my Ghosts of Bunker Hill series, Fade Out on Bunker Hill, appears in the March/April 2019 issue of Ellery Queen Mystery Magazine. If you like the movie Sunset Boulevard, I think you'll enjoy this story. In bookstores and on newstands now:

Please join me on Facebook: www.facebook.com/paul.d.marks and check out my website www.PaulDMarks.com

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The Gardner Museum Heist of 1990 – And He Seemed Like a Nice Enough Guy

A long time ago, in a galaxy far, far away or at least it seems that way since I’m talking about the 1990s, I met a guy through the Writer’s Guild (WGAw) who claimed he knew what happened at the Gardner Museum. In case you don’t remember, on March 18, 1990 there was an audacious theft at the Isabella Stewart Gardner Museum in Boston. Two guys dressed like cops stole thirteen works of art valued at a mere 500 million dollars (or 300 million according to some reports, but what’s a couple of mil between friends?). It seemed like pretty easy cut & run heist. And they still haven’t recovered the stolen works and no one’s been thrown in the slammer for it.

The missing artworks are: The Concert by Vermeer (c. 1664–1666); Self-Portrait by Rembrandt (c. 1634); The Storm on the Sea of Galilee by Rembrandt (1633); A Lady and Gentleman in Black by Rembrandt (1633); Landscape with an Obelisk by Govert Flinck (1638); Chez Tortoni by Édouard Manet (c. 1878–1880); Cortege aux Environs de Florence by Degas (c. 1857–1860); Program for an Artistic Soirée 1 by Degas (1884); Program for an Artistic Soirée 2 by Degas (1884); Three Mounted Jockeys by Degas (c. 1885–1888); La Sortie de Pesage by Degas (date unknown); An ancient Chinese gu (vessel) (c. 1200–1100 BC) ; A bronze eagle finial (c. 1813–1814).

"The Concert" by Vermeer

Now, just to set the scene, this is the top ten from Billboard magazine’s Top Hot 100 songs of 1990: "Hold On,” Wilson Phillips; "It Must Have Been Love,” Roxette; "Nothing Compares 2 U," Sinéad O'Connor; "Poison," Bell Biv DeVoe; "Vogue," Madonna; "Vision of Love," Mariah Carey; "Another Day in Paradise,” Phil Collins; "Hold On," En Vogue; "Cradle of Love," Billy Idol; "Blaze of Glory," Jon Bon Jovi.

These weren’t what I was listening to then, except maybe Billy Idol (I was and still am more into alt music) and some of these may have come out after March, but just so you remember – or don’t – what was going on back then.

"A Lady and Gentleman in Black" by Rembrandt

Also, Dances with Wolves got Best Picture, Seinfeld was on in first run. Jurassic Park, the book, came out in 1990. Postmortem (Kay Scarpetta, #1) came out in 1990. And we were using Windows 3.0 (introduced in May). Cell phones were ancient by today’s standards. In 1989 the first really portable cell phone came out, the Motorola Microtac 9800X. And, remember dial-up modems and that chhhhhhh sound and getting disconnected every five minutes.

So back in the day, as they say, back before Facebook, Twitter and even before the Google Search Engine started (1997), we had this thing called BBSes – computer bulletin boards. You could log onto them and chat back and forth in green or amber text, depending on your monitor. The Writers Guild had one. I used to chat with a lot of people about a lot of things there. And somehow I met a guy named Brian McDevitt and we became friendly over the BBS. He seemed like a nice enough guy with a story to tell.

"Chez Tortoni" by Edouard Manet

Turned out he had a production company – and a nice house in a good part of town. He invited me over and we became friends or friendly, if not fast friends. I didn’t know about his past then, though I did know he claimed to know something about the Gardner break-in.

I remember sitting out by his pool, talking scripts and Hollywood and other BS. I think I was hoping he might option a screenplay for his company. And he seemed like a nice enough guy.

I went there a few times. We shot the breeze, ate, had a few beers. He seemed to have a lot of money and definitely wasn’t playing the role of the starving artist. He seemed like a nice enough guy.

"La Sortie de Pesage" by Degas

As time went on, controversy blew up in the Guild over him. Some Guild members were seeing cracks in his façade, starting to see through his act. They tried to get him removed from a committee chairmanship, and maybe even from the Guild – hard to remember after all these years. But not for his involvement or knowledge of the Gardner heist, but because he lied to the Guild about his background. Ultimately, I believe they were unable to have him removed.

Before the Gardner heist, McDevitt was involved in another theft: According to the LA Times: “McDevitt also spent time in jail in connection with the 1979 theft of more than $100,000 in cash and bonds from a Boston bank and was charged with two separate felony thefts from Massachusetts department stores in 1989 and 1990. He was convicted of one and pleaded guilty to the other.” All of which actually might make him perfect for Hollywood, though they like their crooks out in the open. So, if he had just been honest he might have been accepted. And he could have gone to rehab and written a book. Maybe one of the majors would have optioned the book and made it into a movie.

Napoleonic Bronze Eagle Finial

And though there were other suspects, because of his background with the previous theft, he became a suspect in the Gardner heist, though he was never charged. Unfortunately, he died in 2004 without giving up any information on the robbery, though he did claim to know where some of the paintings were.

I remember him telling me he knew something about the theft, but not that he had participated in it. Of course, this was before his backstory came out. But he seemed like a very nice guy.

The heist remains unsolved and there is a handsome reward for anyone with info on the whereabouts of the stolen art. From the Gardner’s website:

“The Museum is offering a $10 million reward for information leading to the recovery of the stolen works.

Despite some promising leads in the past, the Gardner theft of 1990 remains unsolved. The Museum, the FBI, and the US Attorney's office are still seeking viable leads that could result in safe return of the art.

The Museum is offering a reward of $10 million for information leading directly to the recovery of all 13 works in good condition. A separate reward of $100,000 is being offered for the return of the Napoleonic eagle finial.

Anyone with information about the stolen artworks or the investigation should contact the Gardner Museum directly. Confidentiality and anonymity is guaranteed.”

So, if you have some info now’s the time to get into gear, get that Rembrandt out of your basement, and get that reward.

I’m not sure why this popped into my head recently. Maybe I heard something somewhere. Or maybe it just bubbled up from the deep like the bubbles at the La Brea Tar Pits. But either way, the crime has never been solved. The art has never been returned. My “friend” never came clean. He died young, apparently taking his secrets to the grave. And to this day, no one knows for sure who stole the artworks.

He might not have been all he seemed to be – and was maybe more on some levels. But he seemed like a nice enough guy. But isn’t that always the way with con men?

~.~.~

And now for the usual BSP:

Dave Congalton of KVEC Radio interviewed me. Check out the podcast here. My part comes in at 20 minutes, 30 seconds into the recording.

***

As awards nomination season is upon us, just a gentle reminder that I've got the following short stories that are eligible for 2018:

"There's An Alligator in My Purse" from the "Florida Happens" Bouchercon 2018 Anthology.

"The Practical Girl's Guide to Murder" from Mysterical-E - Spring 2018.

And in the novel category, Broken Windows:

And Broken Windows has been getting some great reviews. Here's a small sampling:

Kristin Centorcelli,Criminal Element: 

"Although it’s set in 1994, it’s eerie how timely this story is. There’s an undeniable feeling of unease that threads through the narrative, which virtually oozes with the grit, glitz, and attitude of L.A. in the ‘90s. I’m an ecstatic new fan of Duke’s."

"Duke and company practically beg for their own TV show."

John Dwaine McKenna, Mysterious Book Report:

"This electrifying novel will jolt your sensibilities, stir your conscience and give every reader plenty of ammunition for the next mixed group where the I [immigration] -word is spoken!"

Betty Webb, Mystery Scene Magazine:

"Broken Windows is extraordinary."

***

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