3/2/15

Amazon 1099 for EBooks on Kindle and Books on CreateSpace in 2015

Your Amazon Books and Federal Income Taxes

If you made money publishing books on Amazon.com in 2014, then you're right to expect a form from them to include with your 2014 income tax return that's due in April.  You should be getting an IRS Form 1099-MISC that tallies the amount of revenue you received from publication sales on Amazon.com during the tax year 2014.

However, things are messy this year.  Like you needed more headaches at tax time, right?



3 Things to Know About Your Amazon Book Sales for Your 2014 Income Taxes

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Here's the scoop:

1.  You cannot download your Amazon 1099.


First of all, you cannot go online and grab the 1099-MISC from your Amazon Author Central site.  It's not there (although you can download these things from other sites, like Smashwords).  Your forms are coming to you via the United States Postal Service, mailed to the address you've given to Amazon.  So, if you've moved in the past year or so, check your Amazon account to make sure they have your current address.  

2.  There's more than one Amazon 1099.  


Second, you won't get just one 1099-MISC from Amazon.  Nope.  You'll get one for your ebook sales from Kindle Direct Publishing and you'll get a separate 1099 from CreateSpace.

3.  Amazon is sending out corrected 1099 Forms.


Third, they are being sent late and some are being sent twice because the first round of IRS 1099s had mistakes in them.  Amazon should have sent you an email advising you to disregard the first form and that an amended version was being sent out in mid-February.  

More Information From Amazon


Questions?  Email Amazon at 1099 [at] amazon.com if you have specific issues. There's also lots of information about taxes and your Amazon publications at their Tax Information resource section.

And, remember: this may be a hassle, but the silver lining is that you've made money from your own writing if you're dealing with 1099 issues here -- so congrats!  
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2/2/15

Copyright Infringement and Breach of Contract: the Tess Gerritsen Lesson

Tess Gerritsen has a couple of very interesting blog posts discussing her fight over what's hers regarding the movie Gravity.  (You may recognize Gerritsen more for her work as the author of the Rizzoli and Isles' mystery / thriller series.)

Read Garritsen's posts here - they are worth your time, Dear Reader:


Author's Breach of Contract Case Dismissed

The federal judge dismissed author Tess Gerritsen's case against Warner Brothers last week, but the dismissal is without prejudice to refiling.  Variety has an overview of what's just happened in the California breach of contract case.

I'm expecting Gerritsen to come back again; she's not writing from a position of defeat here.  She's lost a big battle, but she hasn't lost the war.



Contract Claims vs. Copyright Violations for Writers

Gerritsen sold rights to her story in a written contract.  When she believed that the contract had not been honored, she sued for breach of that contract.

The decision (assuming a new filing) will be based upon how the court reads the provisions of that deal as they jive with state law.  Part of her continued fight will be the legal connections between two corporations and what was transferred between them.

The rights themselves are her legal rights to the work she created.  The United States Copyright Office provides a nice summary.  These are protected by federal copyright law.

Here's something that I want to clarify, Dear Reader, after chattering about what was happening to Tess Gerritsen got a bit confusing in a conversation I had with a friend yesterday.

1.  You don't own a single "copyright" to your work.  There are several rights that make up "copyright law" and when those rights are violated, a federal claim for "copyright infringement" can arise.

2.  You can sell one or more of these rights for money.  That's how writers get published, of course.

Here's one thing I want to make clear to my friend and to you, Dear Reader: what exactly you are selling to the buyer needs to be clearly understood by both parties and made clear in your written agreement.  The contract will cover the rights that are described within it.

Here are some examples of copyrights:

  • First North American Serial Rights (FNASR)
  • First Print Rights
  • First Electronic Rights
  • Exclusive Rights
  • Excerpt Rights
3.  It is possible for someone to take your work and use it after you've made a deal with them (i.e., a written agreement) and be liable to you both for breach of contract (for the rights sold in the agreement) as well as violation of federal copyright laws (for infringing on your rights that were NOT included in the contract).

Much good luck to Tess Gerritsen in her breach of contract fight.  










1/28/15

Pen Names, Pseudonyms, Nom De Plumes, aka DBAs

News this week is that China is forcing its writers to reveal their true identities, despite the fact that writing under a pen name has been a longstanding Chinese tradition. It’s said to be a part of the Chinese government's attempt to control what happens online.

Some may think that outlawing pen names isn’t that big of a deal; they’d be wrong.
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Charlotte Bronte and her sisters published under pen names using the surname Bell; Charlotte's nom de plume  was Currer Bell.  

Pen Names Give You Power   

Pen names are powerful: they allow writers a level of creative freedom that only anonymity provides. Aside from political freedom, there are several reasons that writers choose to publish under a nom de plume.  For instance:

  • Pseudonyms can be important for professionals (like lawyers) who may not want clients to know that they write steamy romance novels or Louis L’Amour-type westerns. 
  • Also, pen names allow writers established in one field or genre to publish in another area without fear of losing readership. 
  • For prolific authors, using pen names frees them from concern that publishing too many books in one year may dilute their market if they were to publish all under a single name. 

There are lots of reasons to use a pseudonym if you are a writer and pen names are widely used by writers today. How widely used? As for how popular pen names are, I leave it to you to surf the web for all the lists of “famous pen names” both past and present - like the 2013 list that Time Magazine provides in its article, “Famous Authors with Secret Pseudonyms.” 



Writing as a Business

Thing is, when you write under a pen name and you publish that work online with hopes of making a buck or two from it, then you’re going into the writing business. At this point, it’s not just romantic to use a pen name, it’s business. 

Which means you might want to consider filing your pseudonym down at the courthouse as a “DBA” (doing business as). Why?

First, filing your pen name as a DBA provides legal notice to the public that you are using another name to do business which may be important to you in the future for various reasons. It proves that the pen name really is you if you ever need to establish that ownership.

Second, it may help to block someone else trying to use that same pen name - if not globally, then possibly within your county or state. It’s a legal argument that isn’t as strong as copyright law but it’s better than going forward and not having this backup.

After all, establishing your DBA isn’t creating a business entity. It’s just providing legal public notice that you are using a fake name to do business.

Setting Up Your Nom de Plume as a DBA 

Getting a DBA set up is pretty cheap and easy. It’s a service provided in Texas by your local county clerk. Just look up the details online (like these set of instructions for Bexar County or Travis County) or give your County Clerk’s Office a call.

One important caveat: if you are serious enough about your writing business to take the time to register a legal notice of your pen name as a DBA in your public county records, and you’re pretty darn sure that you’re going to be making more than pocket change from your sales, then you may want to consider creating a business entity for yourself.  Writers can register copyright under a corporate name just as they can under their personal legal name.

That’s a decision that may need the help of a lawyer licensed in your state — and you may want to run it past your accountant, too.

Pen Name Fun

Finally, here's a couple of fun links for you, Dear Reader, if you are considering a pen name or are just curious about nom de plumes:

Choose your new author alias here using the online Pen Name Generator.
Go here to take the Oxford Dictionary's Pen Names Quiz.