Business side of writing: Guest Speaker with M.R. Webb, JD

A lot of people may think that there is no business side to writing. Well there is. We go into business when we decide to publish our work. As a published authors, I can safely say it is important to know the business side of writing.

Today we have a guest speaker, M.R. Webb JD. He is the author of "Having Babies by BUMS" and works as a Senior Executive at a Consulting Firm. He gives us advice and tips on contracts, reading the fine print and much more in the business field. Read his interview below.

Dominique Watson (DW: You told us that you are a senior executive at a business consulting firm. What made you get into business?

M.R. Webb, JD (MRW): I’ve always been an advocate of business and entrepreneurship. My partners and I have started, owned, and operated a number business over the last 15 years. I realized early on in my academic career and professional career that I was going to take the “road less traveled” and work for myself. I’ve been able to use my legal and business experience to help clients across the nation and internationally to obtain their goals by establishing and operating their own successful businesses.

DW: What does your day to day life in business consist of?

MRW: There is no “typical” day for me. I like that. I consider myself to be a “professional problem solver”. My day may include advising clients on what business entity will best serve their particular business objectives, sitting in a record studio with artists and producers discussing copyright and music publishing issues, or negotiating a deal for the purchase or develop real estate.

DW: What advice do you have for writers concerning Contract Negotiation? How can they beware of the fine print?

MRW: Well, in many aspects the publishing industry reminds me of the music industry in the 80’s and 90’s. Most of the contracts are written with the best interest of the company or corporate conglomerate in mind. In that regard, the artist or writer starts out at a disadvantage. First, it’s imperative that a Writer have an understanding about copyright law and the implications of assigning their Copyright to a Publisher or other entity. Secondly, a Writer has to determine whether or not the monetary and intangible services that the Publisher is obligated to perform pursuant to the contract are worth the control and ownership in the copyrights that the writer is relinquishing. Lastly, I advise Writers to ask questions or seek professional help when there is language in a contract that they are confused about.

Many Writers consider themselves to be very intelligent people. I agree. However, the language in most contracts is legal jargon that even the most “intelligent” people find confusing. Asking questions or seeking clarification on an issue is nothing for a Writer to be ashamed of.

DW: What is your advice on Copyrights & Trademarks, and Licensing of Intellectual Properties?

MRW: A Copyright is created whenever a Writer creates an original Work in a tangible medium. Failing to take the additional step of registering a Work with the United States Copyright Office may result in the author being unable to pursue certain legal remedies in the event someone violates the Writer’s rights.

Many Writer’s and individuals who own their publishing company or business fail to take the vital step of obtaining Trademark protection. A Trademark does not protect the actual title of a book. However, a Trademark will protect the name of a business and the logo used for that business. If you own a publishing company or business and have not taken the time to trademark the name and logo you are not being a smart businessperson. You are spending time and money to build a business and you don’t own the name of that business.

I common misconception is that a business owner “owns the right to their business’ name” simple because they file for a DBA or establish a Corporation, LLC, or LLP with their Secretary of State. That is completely false. The only way to obtain a Trademark and ownership of a company name or logo is to complete the process through the United States Patent and Trademark Office (USPTO). If you haven’t taken this step do it today! The last thing you want is to receive a letter from another company informing you that they have obtained a Trademark and own your business’ name. A judge could force you to stop doing business and rename your business. That process could destroy your business or cost you thousands of dollars.

Licensing of Copyrights, Trademarks, and Patents (Collectively referred to as Intellectual Properties) can be a very profitable business. Writers today can benefit from licensing their books in a digital format (e-books and audio books) or by granting a license to an international Publisher. The critical areas of a Licensing Agreement include the Term (or duration) or the agreement, the ability of the Writer to reclaim the rights being licensed, and the fees being paid for the license.

DW: How did you go from being in business to an author?

MRW: There was really was never a “transition” for me. I’ve always been a writer and I’ve always been involved in business. I think that all Writers should realize that publishing a book is a business decision.

DW: How was the book formed?

MRW: My 15 year-old niece recently gave birth. The father who is 21 years-old is emotionally, mentally, spiritually, and financially unable to take care of the baby. He’s a BUM. I felt that I needed to write Having Babies By BUMS because it was a discussion that was long overdue. It was a conversation that could save lives.

DW: What advice do you have for writers and authors on Business Ownership?

MRW: I encourage writers and authors to pursue Business Ownership. I advise them to obtain professional assistance before deciding to structure their business. At the very least make the investment in a one hour consultation with a professional who can give you sound advice. You will be astonished at all of the costly mistakes that can be avoided simply by speaking with someone who has expertise in the areas of business structuring, contracts, and intellectual properties.

Operating a business as a Sole Proprietorship or DBA is one of the worst decisions that any business owner can make. These business entities do not provide the owner with any personal liability protection. The business owner will be held personally liable for any debts, legal actions, or other adverse business dealings of the company. Intelligent business owners make the investment and structure their publishing companies and businesses as Corporations, Limited Liability Companies (LLC), or Limited Liability Partnerships (LLP).
Not all contracts are created equal. If you choose to use pre-printed form contracts you could be exposing yourself to potential liability, giving up your rights and interests, and foregoing huge amounts in earnings. Take the time and make the investment to have specialized contracts drafted that take your specific deals points and interests into consideration. Attempting to save money on a “one size fits all” book or CD of legal forms and agreements could ultimately cost you.

Your interest and ownership in Copyrights and Trademarks could possible support you and your family for generations. You should treat these Intellectual Properties like money in the bank. Take the time to register these properties with the USCO and the USPTO. Seek professional advice before you decide to license these rights.

I thought today's interview with M.R.Webb was very helpful. We as writers don't realize the flip side of writing. We all want to be Best-Sellers one day but we must know the business side to writing. I think it's important to seek legal help when dealing with anything legal. You always want to make sure you are doing the right thing and won't have to back track in the future.

Before we end today's blog......

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Signing Off,

Dominique Watson