KN Magazine: Articles
Ask Clay: Author Business Cards
Clay Stafford, founder Killer Nashville, publisher of Killer Nashville Magazine, and CEO of American Blackguard Inc., is regularly asked a range questions from writing techniques to publishing to marketing. And, they’re always good questions, he says. But often he feels he is unable to fully answer due to time constraints. Writing as a business is important stuff and demands reflection. In our “Ask Clay” column, he will share more than 30 years of experience in what he knows about the writing and entertainment businesses.
You can connect with Clay through www.ClayStafford.com, Twitter, or Facebook.
Author Business Cards
Question: Last month in your Ask Clay Column, you said there were items that should be included in an author’s business card. Could you be more specific?
Absolutely.
First of all, let me state the obvious as I said in last month’s column: authors are – for the most part – poor marketers.
One of the most basic things an author needs is a business card. Postcards and bookmarks are great things to lay out on a table at a writers’ conference, but they are not for introductions. An author needs something that the other person can slip into his/her pocket and reference later, not lay down on a table and forget.
Author business cards don’t have to be fancy. They just need to be well-thought-out. In general, they need to have the logical information the receiver would need to make an honest opinion on whether to reach out to the author or to purchase the author’s book.
As an author – unique as you are – you need to put some thought into your cards. You are the only person in your writing company (unless you are writing with someone else), but for the most part, even if you have staff, it is just you in the limelight. You are the brand. Luckily, you do not have to match any preconceived company logo or format as you might if you had a day job with another company with other employees and a distant board of directors. It’s just you and for your card, more specifically, it needs to express who you are. And I shouldn’t have to mention, don’t use your day job card as your writer business card. It tells the receiver that you have a day job, not that you are a professional author. If the latter is your goal, present yourself as such from the start.
Like your website, your postcards, your bookmarks, and any other promotional items you use, your business card first and foremost needs to look professional in terms of content, and it is worth the extra time and money to get it printed professionally. In the minds of those receiving your card, you are only as professional as the impression they have of you later when – alone and thinking – they reflect back on you by looking at your card. You want it to set you apart from everyone else.
As a writer, it is your job to get things right. Think about it. Who wants to work with a sloppy writer? If your card is sloppy, it says you are, too. Along the same lines, who wants to work with one overly verbose? Information-less? Disjointed? Misspelled? Illogical? Cheap? Smeared? Flimsy? You get the point.
I have heard authors say that because they have books, they do not need business cards. Wrong. A business card is a set professional convention and, unless you are planning on giving away books with all the contact info (email, phone, Facebook, Twitter, etc.), it is best to have a card. And you need a card, say, for a conference like Killer Nashville where the agents, editors, and publishers attending may see over 500+ people over the course of the weekend. You want to make it easy on those who might help your career. How do you do that? A card well designed. Bring cards with you everywhere you go, especially to conferences and book signings.
So what does a writer need to put on his/her card? Here are some elements for your checklist:
Color. The days of simple black-and-white are gone. With the other elements below, you’ll also see why color is so important.
Standard Size. Sure it is nice to stand out. Oddly square, round, extra large, extra small. But will it fit nicely in my wallet like a credit card so I won’t lose it? If you want to be innovative, save it for your writing and your marketing campaigns. In terms of the size and shape of your card, make it convenient to keep it, to pocket it, and to store it in a business card folder when the recipient gets home.
Name. Pretty obvious. And use your writer name if you use a pseudonym.
“Author”. Yep. Silly as it sounds, unless you are a recognizable name, it is always good to state what you are. Under your name, put Author. Or if you are a hyphenate, include: Author / Editor; Author / Filmmaker; Author / Screenwriter; Author / Journalist. And if you tend to write articles rather than books, or you are a minimalist, you might want to just be really simple: Writer.
Contact Info. Authors tend to leave out the right kind of info and put in the wrong kind. Here’s a checklist:
INCLUDE
Website URL. Authors need websites. If you don’t have a website, fix that before you fix your card. When you write it out, you also don’t need to include all the http://www.ClayStafford.com hyperlink info general understood by default browsers anyway. Just include the URL in as simple and concise terms as you can: ClayStafford.com. And look at the lettering: ClayStafford.com is much easier to read than claystafford.com. Make it easy for the person to remember your name.
Email address. Your personal email? No. You don’t know what kind of crazy is going to eventually get this card if someone sets it down. So what do you need? That generic and consistent one on your website that usually reads contact@ YourDomainName.com or yourname@YourDomainName.com, but not your personal Gmail account you use with close friends and family.
DO NOT INCLUDE
Mailing Address. You are not IBM. You don’t want people stopping by. And the more famous you are, the more likely you are not going to want someone to just show up at your doorstep. If you do want to get together with someone you’ve just met, I would suggest you meet at a coffee shop anyway, not your house.
Phone. Optional. If you want. But these days, who calls? Someone can always email your generic and public account and – if you want to get together – you can give the person the phone number. Remember, you don’t know who is going to get this card.
Social Security Number. I’m serious. I’ve seen it more than you think.
Picture. Most people can’t remember names, but they are visual. If someone meets 500+ individuals over the course of the weekend, they need to be able to see your face to re-spark that conversation in their heads. And it needs to be a picture of how you really look regardless of how ugly or fat you think you are. How you look is how you look. Using an airbrushed shot or one of you from 20 years ago is nice for your Glamour interview, but it will work against you if someone is trying to remember who you are by studying your face. I’ve taken cards, gotten home, looked at the picture, and can’t remember ever seeing this person before. I later find out why. The picture on their card and promotional material looks nothing like who they are. Does the picture have to be the usual square or rectangle shot with borders? No. It can be a picture of you, maybe cut out in Photoshop, imposed over the halftone background. But it needs to be prominent. Can it just be your book cover? No, but we’ll get to that in a moment. With a business card (and your career), you are not selling your latest book; you are selling YOU, which includes your latest book, as well as all your backlist and books that appear in the future. The brand is YOU, not the individual book. Use your picture.
Background. You can always include a tag line such as “mystery author”, “thriller author”, “suspense author”, etc., but wouldn’t it be better to make the person feel that rather than be told? That’s where the background of your color cards come in. When someone looks at the card they can immediately see elements of mystery, horror, or thriller if you have chosen your background – maybe in halftones – so clearly that the feeling and quick-first-impression image portrayed immediately sets the feel, creating the market for your demographics. By not using a tag, you are also saving surface space for the information that really matters.
Cover of Your Latest Book. You want a halftone background picture to set the mood. You want the picture of you to help the receiver remember who you are, and you want it to look realistic. But what are you really wanting? In addition to remembering you, you want them to buy a copy of your latest book. Put the cover on there (once again visual) and make sure the title is easily seen. It’s an expense, but each time you release a new book, update your cards. In terms of sales, presentation, and professionalism, it is worth it. Do you need to put ISBN info or publisher’s name? No. Takes up too much space. Just put the cover. If they want your book they will find it easily at the physical bookstore or online with the title of the book (from the picture of the cover) and your name alone. What if you don’t have a book published yet? Don’t include anything.
Catchphrase, blurb, or quote. If you’ve got it, it is always nice to flaunt it. “Mesmerizing” – New York Times will go a long way in saying everything you need to say without you saying it. If the NYT hasn’t reviewed your book, but a fellow author has, ask for a blurb and include that along with their solid title: “A irresistible read.” – Michael Connelly, New York Times Bestselling Author. And if you don’t know any famous authors (or even semi-famous ones), create your own tag: Mesmerizing. A thriller for the dead. This phrase should be what sets you apart from all the other people someone might meet.
And that’s it. That’s all you need.
Social Media Sites. No. Too many. The person receiving your card can get all that from your website. Don’t clutter the card.
The main thing is to look at – and then evaluate – your presentation and information on your card through a stranger’s eyes. Being a writer is a little different than being a CEO. Have fun with your card. Make it as much emotional as informational. Share the nuances of your personality through the visual feel of the card itself. Sell the image (YOU), the brand (YOU), the uniqueness of the product (YOU).
What about the back? Leave it blank and white. Why? That’s where you will personally write your cell phone number, your hotel room number, or maybe even your agent’s name and contact info. And make sure the texture of the card allows you to easily write with a pen; the back surface may be different than the front; you want a back surface that won’t smear regardless of the writing utensil. And – being the busy author you are – you don’t want to waste that extra 15 seconds shaking the card to dry it.
You need to be signing that next book.
Having worked in film, television, radio, and publishing as both a buyer and a seller, Clay Stafford is happy to take your questions regarding the publishing / entertainment industry.
Clay Stafford has had an eclectic career. Not only did he found Killer Nashville in 2006 and Killer Nashville Magazine in 2015, but he has also been an industry executive (PBS, Universal Studios, others), author (over 1.5 million copies of his books in print), a filmmaker (work in 14 languages), university professor (several universities including University of Miami and University of Tennessee), and a much-sought-after public speaker (U.S. Department of Defense, Miami International Press Club, more).
Send your questions here.
Ask Clay: Making the Most of Writers' Conferences
Clay Stafford, founder Killer Nashville, publisher of Killer Nashville Magazine, and CEO of American Blackguard Inc., is regularly asked a range questions from writing techniques to publishing to marketing. And, they’re always good questions, he says. But often he feels he is unable to fully answer due to time constraints. Writing as a business is important stuff and demands reflection. In our “Ask Clay” column, he will share more than 30 years of experience in what he knows about the writing and entertainment businesses.
You can connect with Clay through www.ClayStafford.com, @ClayStafford, or Facebook.
Making the Most of Writers' Conferences
Question: I am an unpublished writer and coming to Killer Nashville to get discovered. How can I make sure I take advantage of all my opportunities?
First of all, I’m glad you are coming to Killer Nashville. By your proactive attendance alone, you are already saying you are ready to get down to business. Killer Nashville (and other conferences) are a wonderful way to get out of the slush pile. That’s a huge reason why Killer Nashville was created. Frankly, it was my way of giving back to all the people who have helped me over the years. The people who present at Killer Nashville feel the same way. We’ve been given opportunities. This is our way to give back. By coming to the conference, we know that you are a professional. You’ve laid down the money. You’ve made the effort. You’ve made the commitment. And you’re willing to put yourself out in front of people.
Publishing is a long-odds profession. You can lessen those odds by meeting face-to-face with people, rather than simply being another letter in the mail. How many books are published each year? How about 8,000 per day in various forms. Holy cow! How do you compete against those odds? You make friends. You don’t come to conferences to sell books, you come to conferences to make friends. You put a face with the name, a face with the story, a face with the manuscript. It is this that propels you above those who would rather sit at home and send out query letters.
You said something interesting in your question: you are coming to get discovered. Not a great way to look at it. Fact: no one is going to discover you. You have to make your presence known and in a way that is truly positive. We have people who come to Killer Nashville and those who have rubbed elbows with them certainly leave with an impression; but not one that the person probably wanted. The conference is a way to give a great impression to someone face-to-face and create a long-standing positive relationship.
I thought about your question and came up with things I’ve seen work over the past 9 years at Killer Nashville. We have a wonderful success rate of getting people published: from the information and networking that comes from the conference itself, to our agent/editor roundtables, to our social mixers, to our Killer Nashville Claymore Award. Standing out at a writers’ conference requires effort on your part. They are simple things, but they go a long way in making you look professional.
1. Let people know you are coming.
Let people know you are coming (on your social media, retweeting posts from conference itself, alerting those in your social circle that you are coming). Blog on your own site and become a guest blogger on others. Talk about your journey. Write a guest article or do a book review for Killer Nashville Magazine. Conference organizers read those posts and know who the hungry authors are. Agents and editors who are coming read those posts. Both conference organizers and attendees know who is retweeting or sharing their posts. Look at the attendee list of the conference and friend or follow those people, developing a supportive relationship before you ever get to the conference (and be sure you follow back if someone follows you). Knowing people socially before the event will let everyone get a feeling for you even before they meet you. It’s like the old advertising adage of putting the product in front of people in numerous ways. Here, you let people know the product is coming and they better be ready because you are excited and ready to go! Follow the agents and editors who will be attending via their social media and make comments, including how excited you are that they are attending the conference where you are going.
2. Start building a platform now.
Unfortunately, it is not enough to have a great manuscript. You need to let people know the whole package: how you are also positioned to sell it. That is your platform. Create your website and social media platforms. If you are not good at technology, hire someone else to do it. It is worth the money. A bad impression is worse than no impression at all. Start speaking to groups. Tweet and post about your research. Build up excitement for your project – and build in a following (which could translate in the agent or editor’s eyes as potential sales) before you ever get to the conference. For an unflattering, but perfect example of how building a platform can sometimes trump great writing, read this months article on “Celebrity Fiction” by Killer Nashville Magazine British correspondent C.J. Daugherty. Factor great writing into celebrity and you are unstoppable.
3. Research everyone who is attending.
Research the agents, editors, publishers, and even other attendees who will be at the conference with you. None of us like being numbers. It’s nice when someone knows us, including people we’ve never met. Each year, I have attendees I’ve never met come up and introduce themselves. I’d say probably 10% of attendees. We talk. They already know me because they’ve taken the time to wander about the website. In most cases, I know them because I do the same thing. Because they seem genuine and professional, I’m drawn to them. I want to learn more about them. I want to hear their stories – not the ones they’ve written – the stories of their journey to this point. And then – what do I do? – I take them and hand-introduce them to the people I think could help them, individuals I think match their personality. Then they scream after the manuscript is requested from the top of the escalator, hug my neck, and it makes my day. Another 10% will ask who I am. I tell them my name. They ask if I’m a writer. I tell them I try. We get off the elevator and I go down the hall shaking my head. And then about 80% walk by and never say a word. I’ve talked with agents, editors, publishers who attend, and they all have the same experiences I have. If you are in that 10%, you are really going to outshine the other 90%. Researching who is going to be there in advance will save you the learning curve when you get there.
4. Have your manuscript ready to go.
It amazes me the number of people who pitch and don’t have a completed manuscript ready. When opportunity knocks, you need to be ready to take advantage. You know the conference is coming. Get that manuscript into shape. Have numerous people critique it. Research proper format. And when someone loves your idea, you – without sweat – can produce the goods.
5. Bring plenty of paper and pens for notes.
Come to the conference to learn. Don’t spend valuable time in the classroom raising your hand to instruct the professionals on the panel on the industry. They know the industry better than you. Instead of coming to the conference with opinions, come to the conference to listen and learn. By all means, share something if you have it to share. That makes the sessions dynamic. Just don’t hog the microphone. You know the difference. Use the system. Learn how it works. Listen to what the professionals are saying, really saying, through fresh eyes. See an opening. And then strategically make your move. Sometimes if you already have an idea (usually negative) of the odds that are against you, you do not see the actual positive opportunities that are presented. And at conferences like Killer Nashville, they are all around you. When you leave, you’ll be mind-boggled at where to begin to harvest from the field you planted.
6. Have your pitch ready.
Create a TV schedule encapsulation of your story. Two sentences. Thirty seconds. Something that makes someone want to request your manuscript. Believe it or not, that same pitch (for better or worse) will tag along with your manuscript for the rest of its life: from you to agent, from agent to editor, from editor to publisher board meetings, from editor to marketing, from marketing to publicity, from publicity to reviewers, from reviewers to book buyers, from marketing to sales, from sales to bookstore owners or managers, from bookstore owners to employees, from hand-selling employees to customers, from customer (and now reader) to a word-of-mouth recommendation to a friend. Plan your two-sentence pitch well. You might even feel you spent more time on it than you did in writing the book! But the time spent is more than worth it from start to finish.
7. Bring business cards.
Authors are poor marketers. One of the most basic things you need are business cards. Nothing fancy, just well-thought-out. It needs to be clear, professional, and strategically you. Like your website, it needs to look professional. Who wants to work with a sloppy writer? When the person leaves the conference, they need to pull out your business card and remember YOU. How do you do that? By having a business card, for one. Seeing 500 people over the course of three days can be taxing to anyone’s mind. No wonder they don’t remember you. A business card will help you stand out. Next month, I will go into detail regarding the 15+ items that should be a consideration on everyone’s business card. Don’t worry; you have enough time before the Killer Nashville conference to get that together. Just be sure to check back with this column next month.
8. Sign up for everything.
Wherever anyone looks, you are there. That includes the breakout sessions. Guest of Honor and Awards Dinner. Social gatherings sponsored by Sisters in Crime, Mystery Writers of America, and others. Visit the bookstores. Get critiques of your work (critiques are not just for getting critiques; they are also for getting you in front of those who might be able or interested in helping you later). Don’t stand or sit at a table. Walk around. Mingle. Introduce yourself. Remember people’s names. Take cards. Give cards. When other attendees interest you or you share a common interest, maybe go to dinner or lunch with them. (We’ve had at least 3 couples who met during Killer Nashville and have either gotten married or are dating long term, believe it or not.) You never know whom you might find. Network.
9. Forget the gimmicks.
You don’t need gimmicks. Leave the boxed presents, candy, and cookies at home. You want agents, editors, and publishers to like you, not be freaked out that you are some crazed stalker bearing gifts. You need three things to make a positive impact. You need professionalism, a good manuscript, and a happy, welcoming demeanor.
10. Enter your work in awards contests.
If you are coming to Killer Nashville and have the first 50 pages of your manuscript ready, enter it in the Claymore Award. If you’ve already published a book, enter it in the Silver Falchion. Placing in either of these gets your name out. And who reads and judges these entries? Many times it is the same group of individuals who will be at the conference also looking to represent you. If they read your great 50 pages before they ever arrive, when they finally meet you, they already know you can deliver the goods.
11. Dress for success.
Dress as though you are there for a casual business interview. Because you are. Killer Nashville is not a coat-and-tie event (except maybe for the Guest of Honor Dinner), but you do need to appear as though you would know how to dress if Good Morning America wanted to do an interview with you.
12. Don’t hype or undersell.
Be realistic and honest about where you are. If you’re starting out, you’re starting out. If you’ve been orphaned (your publisher or agent has dropped you), there’s no need to apologize for that. But no matter where you are, you are a writer with a manuscript. That puts you in the club. Don’t be intimidated. There is not a person at the conference who is either not in your same position, or hasn’t been in your same position. It’s like people looking at you in a restaurant when your children are throwing a fit – for those of you who are parents. You feel embarrassed, but next time, really look. Most of the people are smiling slightly. Why? Because they remember (and are probably thankful that their kids are now a little older). You are not the first person to walk this path. If you let people, they will share their experiences and help you along because they have been there previously themselves just as long as you present yourself as you are. Leave the hype at home. And – for a little humor – read the things you should NOT say in agent Deni Dietz’s article this month, Mind Your Ps and Qs: An Editor’s Perspective on the Art of Manuscript Submission.
13. Expect positive results.
Be positive. No one needs to know the bad experiences you’ve had with your previous agent. In fact, your previous agent (whom you are slamming) may be a friend of the new editor you are talking with. No one likes to be a downer. We all know the publishing industry is hard and harsh at times. Who wants more of that? Who wants to hang with people who want to bash rather than build? Don’t put yourself in that position. We only want to work with positive people. There are, honestly, people who are better off NOT coming to Killer Nashville simply because it is such a positive place. Negative people are quickly shunned.
14. Listen to critiques.
Don’t argue with the person giving you a critique. Really listen politely to all critiques and weigh them. Few really want to know why you did what. Just listen. And once you get the critique, don’t just blindly apply it. It may be really poor advice. But weigh that decision on your own. Privately. People will value you for actually (if only in appearances) wanting to know their thoughts.
15. Have 1 physical copy of your manuscript ready.
You probably won’t use it, but you’ll have it. Some people even advise against bringing a copy of the manuscript. If someone wants it, the common view is that they will request you mail or email it to them (or a portion thereof). I’ve seen exceptions, though. Once at Killer Nashville an editor was so excited about a manuscript (and wanted to make an offer before the others) that they wanted a copy of the manuscript to read on the plane back to New York. The author didn’t bring a copy.
16. Bring several copies of your query packet.
Have at least 10 copies of your query packet with you (minus the cover letter). If someone is interested in your work, be prepared to give them your “sales packet.” Don’t miss that opportunity. In April’s issue of Killer Nashville Magazine, we will address what should be in this package.
17. Talk with people outside of the sessions.
Your book deals – believe me – are going to be made outside the pitching environment. Use those opportunities. Talk with everyone. We have buyers (agents, editors, publishers) who are not on the program. They are walking around looking for writers. Make your presence known.
18. Realize agents, editors, and publishers are there looking for talent.
Along with your ego, leave your jitters at the door. The people at Killer Nashville are there either to help you or to work with you. If you’ve been to Killer Nashville before, you know the warm family environment that runs from Day 1 through Day 4, and years thereafter. That’s why we have so many repeat attendees at Killer Nashville – and not just beginning authors! New York Times bestsellers come back year after year because of the environment. Agents and editors are searching for new talent. You can be the solution to their problem. Who can’t love someone who is going to step in and solve their problem? Be that person. And part of doing that is to let your personality and your gifts flow freely so everyone can see them. Cut the jitters. They put the stop-plug on who you are. See the people who are there – no matter how powerful – as approachable. And see yourself as the solution to the problem they need. They want good writers who will compliment their current stable.
19. Focus on the long-term goals.
Some say writer’s conferences are about getting your book published. They are not. That’s short-term thinking. Sure, that may be the eventual endgame for all your efforts, but the main thing to gain at a conference is relationships and information. That’s the mission statement of Killer Nashville: connect writers with other writers, connect writers with industry professionals, connect writers with new fans, and connect writers with information. Focusing on selling your book is a byproduct of the bigger picture. Instead, look at the people you meet as people you want to develop a relationship with for the next 50 years. That’s a more accurate view. And – as a byproduct – you will sell your book.
20. Don’t worry about the other writers also seeking representation or publication.
Sure there are those who might view you as competition, but that’s crazy thinking. No two writers with a genuine voice are the same. Publishers and editors know that. Support each other. Introduce each other to people you meet. There is room for everyone. Agents and editors will leave Killer Nashville with the names of dozens of possible clients. You and your new friends are there to support each other; not be concerned about one upstaging the other. Value the support and take it with you long after the conference is over.
21. Focus on having fun.
Killer Nashville is all about fun. All four days are set up so people not only learn, but they can play in a non-threatening setting so that their true personalities are able to emerge. Have fun. Encourage others to have fun. People like to hang out with those who have fun, including agents, editors, and publishers. (Sometimes we might forget, but they are people, too.)
22. Stay in touch after the conference is over.
Friend people you meet on Facebook and follow them on Twitter. If someone sends you a friend request or follows you, follow back. Always. Connect with other writers you meet via phone, text, and email. And for those who can or have helped your career: send hand-written thank you notes (physical ones). You will be surprised what a difference these make in your unfolding future.
Employ these techniques, bring the marketable goods, be pleasant and appealing, and there is no way that you can’t make the most of Killer Nashville this year. And possibly, just possibly, this may be your year. Looking forward to seeing you there.
Having worked in film, television, radio, and publishing as both a buyer and a seller, Clay Stafford is happy to take your questions regarding the publishing / entertainment industry.
Clay Stafford has had an eclectic career. Not only did he found Killer Nashville in 2006 and Killer Nashville Magazine in 2015, but he has also been an industry executive (PBS, Universal Studios, others), author (over 1.5 million copies of his books in print), a filmmaker (work in 14 languages), university professor (several universities including University of Miami and University of Tennessee), and a much-sought-after public speaker (U.S. Department of Defense, Miami International Press Club, more).
Send your questions here.
Ask Clay: Incorporating Yourself as an Author
Clay Stafford, founder Killer Nashville and CEO of American Blackguard Inc., is regularly asked a range questions from writing to publishing to marketing. And, they’re always good questions, he says. But often he feels he is unable to fully answer due to time constraints. Writing as a business is important stuff and demands reflection. In our Ask Clay column, he will share more than 30 years of experience in what he knows about the writing business.
Incorporating Yourself as an Author
I’m an author and I’m thinking about incorporating. Do you think this is a good idea?
– Chris J., Crofton, MD
Chris, that’s a great question, but I’m not sure I can give you a complete answer here. I do not give legal or accounting advice, nor do I want you to accept my word on this subject, but I’ll try to point you in the best direction. I’m afraid it depends upon the writer. It depends upon the state in which you live. And it depends upon exactly what you plan to do with the incorporation.
In my own personal journey, I started out writing just as “Clay Stafford.” It was my name and I was happy to see my by-line. Itemized expenses went to my Schedule A, income was reported as personal, liability was my own or the companies that I wrote for, depending.
When I was sixteen, I formed my first “real” company to produce local television and radio programs for a #106 radio and #86 television market demographic town. Even then I didn’t incorporate, but I did change the name of my operations to a DBA (doing business as): The Clay Stafford Company. My writing copyrights still went to Clay Stafford as did my by-lines, as did 100% of the liability, but since I had formally filed a license for a DBA, I was able to move my expenses over to a Schedule C, which allowed me to deduct more than I could have deducted under Schedule A. Plus, it told the world I was a serious writer: I had a license. Benefit: Bottom line. Forming a DBA is something I personally would consider for all full-time to part-time writers who are consistently selling work and showing a profit. You can do this yourself by simply contacting your respective Secretary of State.
In 2002, The Clay Stafford Company changed its name to American Blackguard, Inc. We were expanding into a full media company, increasing revenue, we had numerous projects in the works, and because we were hiring employees and working with numerous media projects, liability was increased and a need to streamline resources yet create separate accounting systems was required. At that point, both attorneys and accountants advised the change to a corporation rather than a DBA. The Corporation is an entity unto itself. It files its own income taxes and makes it’s own business payments. If the stockholders and Board of Directors agree, it will continue long after my death and projects and revenue will still be recognized for my heirs in the future. I agreed to work for American Blackguard as an employee. Benefit to me personally: no business expenses, I get paid as an employee, and American Blackguard, Inc. pays or deducts all taxes, keeps up with various projects, owns sub-companies, and assumes the liability for problems not knowingly or maliciously committed on my part as an employee.
Does this process work well for everyone? The answer is a resounding “no.” Only a tax and legal professional can give advice on your particular circumstance. I can tell you that I know several writers who copyright under a corporation and many more who copyright under their name.
Here’s something to consider, though. In normal circumstances, people who form corporations do so to protect themselves from liability and to create tax advantage. In my case, we did it to create clean bookkeeping (nothing professional gets commingled with anything personal).
What you do not want to do – as someone who will probably own 100% of your corporation – is to allow anyone to be able to “pierce the corporate veil” of your organization. Writers have to worry about commingling finances. They also have to worry about libel and slander. If anyone can sue you and determine that anything you did and / or wrote was coming from you personally rather than from the corporation, the veil has been pierced. If you use a company credit card to buy groceries one day because you forgot your personal card, there is the implication that the corporation is only an extension of you and can be pierced. There has to be a firm, huge black line between business and personal. And something to point out: no matter what your organizational structure (individual, self-employed, DBA, or corporation), slander is slander and libel is libel. Nothing protects a writer from falsehoods or misrepresentation, either real or interpreted.
The other thing to concern yourself with is expenses and taxation. A business requires additional accounting and tax expense. When a corporation is formed, it must pay certain business taxes, not only for its existence, but also matching taxes for employees, of which the writer is now one. So you have to determine is it cost effective to have such a structure? Do the expenses one is allowed to deduct compensate for the loss of income paid to additional taxes? A way to consider reducing those additional tax burdens is to form an S Corp, which allows pass-through of funds, thus reducing some tax burden, but this is to be countered with the more advantageous tax structure, deduction structure, and parent ownership structure of sub-companies contained within a C Corp. As stressed before, these concerns should be discussed with your accountant or attorney before jumping into either arrangement. And please, do not start a company using some form from the Internet. A discussion of your particular circumstances with knowledgeable accountants or attorneys is well worth the investment.
In examining why you are looking at your writing business structure, whatever you decide to do, don’t try to cheat the government. I’ve been subjected over the years to rogue attorneys who try to sell do-it-yourself legal packages designed to protect my assets and allow me to forgo any taxes to the government. Too good to be true? They are. A few years ago, the most audited group of individuals by the IRS were the clergy, followed in a close second by entertainers and writers. Whether this is still true is irrelevant to the point. You are in a profession where lunches and supplies could be questionable. Always, always, take the conservative fiscal perspective.
I’ve given a long response, Chris, and I feel I have written much to not answer your question at all, but hopefully this has given you something to think about. Consult with your attorney or accountant who specializes in entertainment / intellectual property (your real estate attorney or income tax prep accountant will have no clue – even if they say they do). Then, and only then, decide your current path, or prepare your options for the future when certain financial or career personal benchmarks are achieved.
Having worked in film, television, radio, and publishing as both a buyer and a seller, Clay Stafford is happy to take your questions regarding the publishing / entertainment industry.
Clay Stafford has had an eclectic career. Not only did he found Killer Nashville in 2006, but he has also been an industry executive (PBS, Universal Studios, others), author (over 1.5 million copies of his books in print), a filmmaker (work in 14 languages), university professor (several universities including University of Miami and University of Tennessee), and a much-sought-after public speaker (U.S. Department of Defense, Miami International Press Club, more).
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