With the restructuring at Berkley/NAL I've had a lot of great talks with clients about their careers and publishing careers in general. Unfortunately, in this case, we were forced to have these conversations because with any merger/restructuring, authors are going to feel the impact, good and bad.
When new people are in charge (of anything) things will change and in publishing that usually means the publisher will take a closer look at what's working and what's not and some authors will feel the fallout.
It is always difficult for an author to face the fact that something isn't working or is no longer working. There's nothing worse then putting everything you've got into a book series only to learn that your contract won't be renewed (that you won't be offered to write more books in the series). For every author during a time like this there's always a feeling of loss. I mean face it, I'm not sure there's any author who feels good about not finishing the story.
Sometimes though, that non-renewal might in fact be the smartest business decision anyone ever made for you.
For so many years writers spend all of their time focusing efforts on being published. An incredible goal to have. However, once you are published your goals need to change. No longer is your goal to be published, and it should always be bigger than just staying published. Your goal is now to build a career and continuing to write books that are reaching fewer and fewer readers with each book does not a career make.
In fact, there have been times when I've talked to my clients about ending a series even if the publisher is offering on more. If we can see the writing on the royalty reports and we know numbers are going down why would we want to continue on that road? It's certainly not building anything.
So instead of seeing a non-renewal as a personal insult or as a publisher who doesn't like the kind of thing you write, look at it for what it is, an opportunity to make some career shifts, something every business has to do from time to time. After all, Coca-Cola hasn't had the success it's had by only putting out a cola. When consumers wanted lemon lime they created Sprite and when water became trendy they added Dasani.
While every business owner will mourn the loss of books they love writing, no successful business owner closes the business. Instead she takes a close look at what the market is begging for or wants and checks her back pocket for which ideas fit those needs.
--jhf
BookEnds has moved! We can now be found at www.bookendsliterary.com BookEnds Literary Agency represents commercial fiction and nonfiction for readers of all ages and in this space we hope to provide advice and inspiration for writers. Our goal is to teach, enlighten and build a community for writers, agents and editors.
Showing posts with label contracts. Show all posts
Showing posts with label contracts. Show all posts
Tuesday, July 07, 2015
Monday, July 06, 2015
The Truth About the Midlist
I think you're going to see a lot of blog posts based on the restructuring of Berkley/NAL. It's when something like this happens that I find myself with a whole slew of new ideas. Usually based on conversations we're having in the office or with clients.
One of these conversations involves the midlist. For those who don't know, the midlist is defined as those books that fall in the middle of a publisher's list. They aren't the top sellers (not always bestsellers, but those books that sell the most) and they aren't at the bottom, those books with sales so low that they just aren't salvageable. You know, books that only sell 2,000 copies. Ever.
Midlist books are those books that are selling moderately well, have solid sales, but just aren't pushing to top selling status. They could be mysteries, romance, nonfiction, paperback, hardcover. They could be anything because it's not about the genre, but about sales.
One of the things the Berkley/NAL conversation has brought up is the death of the midlist. The same death I've been morning since my first day in publishing. I mean, I've been around long enough now that I think I can say that's a freakishly long mourning period.
Here's the truth as I see it where the midlist is concerned. Authors who languish in the midlist are not going to be given contract after contract just to remain midlist authors. That's not what the midlist is about (at least not these days). The midlist is a place for publishers to grow authors from. Its where great books go to grow. A publisher will always have a midlist of some sort because a publisher will always be buying new books from new authors and somewhere along the way someone is going to have numbers that aren't top selling numbers, but aren't at the bottom either. When those authors come along the publisher is going to look at those numbers to see which direction they are going and what can be done to boost that author, those books and those numbers into the top selling range.
When rumors abound that a publisher is cutting the midlist it isn't mean that a publisher is taking out one kind of book over another, it means the publisher is making room for more. Have I ever told you that I'm an eternal optimist?
Books that languish in the midlist, that are selling a little less with every new book (in a series for example) aren't making money for a publisher and aren't growing an author's career. And that is always the goal, whenever an agent takes on a new client, whenever a publisher buys a new book and whenever an author sits down to write the goal is, and should always be, to grow that author's career. Not to languish in any list.
--jhf
One of these conversations involves the midlist. For those who don't know, the midlist is defined as those books that fall in the middle of a publisher's list. They aren't the top sellers (not always bestsellers, but those books that sell the most) and they aren't at the bottom, those books with sales so low that they just aren't salvageable. You know, books that only sell 2,000 copies. Ever.
Midlist books are those books that are selling moderately well, have solid sales, but just aren't pushing to top selling status. They could be mysteries, romance, nonfiction, paperback, hardcover. They could be anything because it's not about the genre, but about sales.
One of the things the Berkley/NAL conversation has brought up is the death of the midlist. The same death I've been morning since my first day in publishing. I mean, I've been around long enough now that I think I can say that's a freakishly long mourning period.
Here's the truth as I see it where the midlist is concerned. Authors who languish in the midlist are not going to be given contract after contract just to remain midlist authors. That's not what the midlist is about (at least not these days). The midlist is a place for publishers to grow authors from. Its where great books go to grow. A publisher will always have a midlist of some sort because a publisher will always be buying new books from new authors and somewhere along the way someone is going to have numbers that aren't top selling numbers, but aren't at the bottom either. When those authors come along the publisher is going to look at those numbers to see which direction they are going and what can be done to boost that author, those books and those numbers into the top selling range.
When rumors abound that a publisher is cutting the midlist it isn't mean that a publisher is taking out one kind of book over another, it means the publisher is making room for more. Have I ever told you that I'm an eternal optimist?
Books that languish in the midlist, that are selling a little less with every new book (in a series for example) aren't making money for a publisher and aren't growing an author's career. And that is always the goal, whenever an agent takes on a new client, whenever a publisher buys a new book and whenever an author sits down to write the goal is, and should always be, to grow that author's career. Not to languish in any list.
--jhf
Monday, February 16, 2015
Co-Authoring Agreements
In a recent email a writer asked for advice on finding a publishing lawyer. She and a friend have been in the process of writing a project that's under contract with a small publisher. Her concern is that the project is, in her words, "far from a normal co-authorship" and they've never had a formal contract between them.
First let me clarify that there is no such thing as a normal co-authorship. In fact, I'm always willing to tell you that there are few things in publishing, or life for that matter, that are "normal". How an arrangement is made between co-authors is many and varied. I've seen all sorts of things, and I've seen no actual real arrangement. It's the latter that scares me.
If you ever make the decision to enter into a co-authorship with anyone (friend, critique partner, lover, spouse, child...) my first bit of advice, before anything else is written, is that you write up some sort of contract. If you have an agent it's something your agent can help you with. If you don't, feel free to get a lawyer, or write up something yourself, but something you can both agree to. The agreement should include, among other things, how to handle due dates, the split of ownership of the property as well as money, what happens if one person wants to quit writing and what happens if one of the partners dies.
Writing a book together is a business arrangement from the start. When Jacky Sach and I first made the decision to start BookEnds we immediately met with business advisors and other agents for their advice. And we made a business plan and a partnership agreement. We wanted to know, should anything horrible happen, that we could not only protect ourselves, but protect our friendship. I think it worked. Fifteen years later and a dissolved partnership and we're still friends. Having things in writing from the beginning made it easier to know how things would end, without hurt feelings.
The tricky piece of this writer's email is that they probably have some of these terms defined. If they have a contract with the publisher the contract is in either one name or in both which would mean either one author owns the material and the rights (as defined by that publishing contract) or everything is split 50/50.
I hope this duo is able to firm up an agreement quickly. I hope that anyone else starting such an arrangement does the same immediately.
--jhf
First let me clarify that there is no such thing as a normal co-authorship. In fact, I'm always willing to tell you that there are few things in publishing, or life for that matter, that are "normal". How an arrangement is made between co-authors is many and varied. I've seen all sorts of things, and I've seen no actual real arrangement. It's the latter that scares me.
If you ever make the decision to enter into a co-authorship with anyone (friend, critique partner, lover, spouse, child...) my first bit of advice, before anything else is written, is that you write up some sort of contract. If you have an agent it's something your agent can help you with. If you don't, feel free to get a lawyer, or write up something yourself, but something you can both agree to. The agreement should include, among other things, how to handle due dates, the split of ownership of the property as well as money, what happens if one person wants to quit writing and what happens if one of the partners dies.
Writing a book together is a business arrangement from the start. When Jacky Sach and I first made the decision to start BookEnds we immediately met with business advisors and other agents for their advice. And we made a business plan and a partnership agreement. We wanted to know, should anything horrible happen, that we could not only protect ourselves, but protect our friendship. I think it worked. Fifteen years later and a dissolved partnership and we're still friends. Having things in writing from the beginning made it easier to know how things would end, without hurt feelings.
The tricky piece of this writer's email is that they probably have some of these terms defined. If they have a contract with the publisher the contract is in either one name or in both which would mean either one author owns the material and the rights (as defined by that publishing contract) or everything is split 50/50.
I hope this duo is able to firm up an agreement quickly. I hope that anyone else starting such an arrangement does the same immediately.
--jhf
Tuesday, April 03, 2012
Agent Contract Expiration
If you sign with a literary agent and have no success placing your novel over the course of a year, what are your options after the official contract runs out? Can you search for a different agent and try again after some serious re-writes and editing? Is self-publishing worth considering? Is it time to give up, even if you believe the novel has potential?
Well, that depends on the contract. We don't have a contract that automatically expires so I'm not sure I'm the best one to answer this question. Our contract, in all jest, is for the rest of your life. What I mean by that is while we have a very easy termination clause, we hope to take on a client for a career and we don't want to be limited by time, either on our behalf or yours.
So I guess what I would ask you is what does that contract say. Does the expiration date mean automatic cancellation or does the expiration date only mean that you are now allowed to terminate? Once a contract is terminated, however that happens, you are allowed to do whatever you want. You are allowed to search for another agent, self-publish, or even quit and do something different. You know, you are also allowed to take a new project to your agent and continue with that. Many of my clients were signed with one project and first sold with another. Just because you sign with a project doesn't mean that's the one you're going to sell. Signing that contract should be a commitment on both sides to venture forth and build a career together, not just sell a book.
What I would say is that if the book has already been around, and a year has passed, I would hope that you have something new and fresh to take back to your old agent or to new agents. It never does a writer any good to spend a career focusing on just one book.
Jessica
Well, that depends on the contract. We don't have a contract that automatically expires so I'm not sure I'm the best one to answer this question. Our contract, in all jest, is for the rest of your life. What I mean by that is while we have a very easy termination clause, we hope to take on a client for a career and we don't want to be limited by time, either on our behalf or yours.
So I guess what I would ask you is what does that contract say. Does the expiration date mean automatic cancellation or does the expiration date only mean that you are now allowed to terminate? Once a contract is terminated, however that happens, you are allowed to do whatever you want. You are allowed to search for another agent, self-publish, or even quit and do something different. You know, you are also allowed to take a new project to your agent and continue with that. Many of my clients were signed with one project and first sold with another. Just because you sign with a project doesn't mean that's the one you're going to sell. Signing that contract should be a commitment on both sides to venture forth and build a career together, not just sell a book.
What I would say is that if the book has already been around, and a year has passed, I would hope that you have something new and fresh to take back to your old agent or to new agents. It never does a writer any good to spend a career focusing on just one book.
Jessica
Monday, April 02, 2012
Permissions for Quotes
I am revising the draft of my first novel, and part of it takes place in a school setting, where can see different inscriptions/quotes above doors and in various other places. These quotes are from works by well-known science fiction writers like Arthur C. Clarke and Isaac Asimov (such as "Violence is the last refuse of the incompetent" from Asimov's Foundation series). I am curious whether or not I need to approach these writers' estates and ask permission to use them, or if that falls under a caveat in copyright law.
Quotes are probably okay, but don't quote me on that. Whenever you use any material from other sources--quotes, song lyrics, poems, etc.--it is your responsibility as the author to obtain permission for use in whatever format the book will be published. That means use in print, ebook, possible audio, in the U.S. and probably around the world. It is also your responsibility to pay for those permissions should any fees be required.
I can't tell you specifically which quotes you will need permission for and which you won't. I can't say that without knowing exact details and I'm not going to give advice here for fear I might be wrong. That being said, what I can tell you is that you don't need to get the permissions prior to submitting the material. The publisher will require all necessary permissions prior to publication, but for submissions you'll be fine.
What I can also say is when in doubt, ask. In other words, there are definitely copyright laws and then there is the protectiveness of an estate, which can be two separate things. If you have concerns it never hurts to contact the estate to ask.
Jessica
Quotes are probably okay, but don't quote me on that. Whenever you use any material from other sources--quotes, song lyrics, poems, etc.--it is your responsibility as the author to obtain permission for use in whatever format the book will be published. That means use in print, ebook, possible audio, in the U.S. and probably around the world. It is also your responsibility to pay for those permissions should any fees be required.
I can't tell you specifically which quotes you will need permission for and which you won't. I can't say that without knowing exact details and I'm not going to give advice here for fear I might be wrong. That being said, what I can tell you is that you don't need to get the permissions prior to submitting the material. The publisher will require all necessary permissions prior to publication, but for submissions you'll be fine.
What I can also say is when in doubt, ask. In other words, there are definitely copyright laws and then there is the protectiveness of an estate, which can be two separate things. If you have concerns it never hurts to contact the estate to ask.
Jessica
Tuesday, January 17, 2012
Approaching Agents with a Publishing Offer
The agency representing me abruptly closed its doors, two months before my debut novel releases (yeah, bad timing huh).
Then a few days ago I got a three book contract offer, and I have no agent. I was wondering how to word a "query" to a handful of agents I want to approach to represent my novels, along with the 3-book deal.
Might I just send a simple email explaining? Or do I send a query of the book that landed the 3-book offer?
I would put something like, "publishing contract offered, need representation" in your subject heading to grab the agents' attention and then I would start a simple email explaining, and finish the email with your query so that agents have all the information they need to know if this is a project that might be right for them.
Good luck and congratulations!
Jessica
Then a few days ago I got a three book contract offer, and I have no agent. I was wondering how to word a "query" to a handful of agents I want to approach to represent my novels, along with the 3-book deal.
Might I just send a simple email explaining? Or do I send a query of the book that landed the 3-book offer?
I would put something like, "publishing contract offered, need representation" in your subject heading to grab the agents' attention and then I would start a simple email explaining, and finish the email with your query so that agents have all the information they need to know if this is a project that might be right for them.
Good luck and congratulations!
Jessica
Monday, January 09, 2012
So, You've Got an Offer . . .
So, you've got an offer . . . but what if you've already been rejected by agents all over town?
I was going to leave this as a comment on your post "You Have an Offer" but decided to email you instead...
What if you've been rejected (or just not heard back from... no answer means no) by pretty much every agent on your list and THEN get an offer from a publisher? It feels kind of silly to email all the agents who've just told you no thanks and say "I know you didn't want this, but hey! Certain Publisher does, can someone represent me please?"
I'm facing this situation myself at the moment. I spent all last year querying a sci-fi with romantic elements, Atrophy. I got some great rejections, agents who said "I can't take this because it falls right between sci-fi and romance, so don't know what to do with it, but write something else and send me that!"
After I'd pretty much exhausted my list of potential agents, I was given the email address of an editor at HarperVoyager Australia from one of their authors I know and sent a query. The editor got straight back to me and said she wanted to see the first 10 chaps. A few weeks after that, the editor emailed again to say she was enjoying it immensly, there was so many things about it that were great and wanted to see the entire manuscript, plus was going to get another editor to read it as well.
Now, I know this isn't an offer and there's still every chance they could say "thanks, but no." Excpet taking into account how enthusiastic she seemed about it, I've got to consider what I'll do if they offer a contract. Some other published authors have advised me to forget about an agent since I got rejected by so many. If HV offer a contract I should just get a lawyer familiar with this sort of thing and go it without an agent. I now have several books published with Noble Romance Publishing and doing that without an agent it one thing, they're a small press, the contract was pretty straight forward and I was confident having a lawyer look over it and then going ahead on my own. But obviously HarperVoyager are a whole different ball game and honostly, I know that to make the kind of career I want, I need an agent.
So, on the chance HV do offer me a contract, what does an author do who has already been rejected by agents all over town do?
Would really appreciate an answer to this question that has really been stressing me out.
Well, what's interesting is it sounds like you have great feedback from agents who just didn't know where they could take the book, or they didn't feel they had the contacts, or could do you justice because they felt the risk was too big, and, sometimes, agents don't want to get an author's hopes up when they know something is a long shot. What I'd suggest is wait until you have the offer, and when you do, let the editor know that you'd prefer to work with an agent so will need two weeks before you can get back to her. Then I would immediately follow up with those agents you felt you got a good response from. Those agents who sounded very interested in you and your work and, if they asked to see other things, clearly your voice. Let them know you have an offer on that book and ask if they would consider offering representation.
Sure, you could definitely hire a lawyer (make sure it's a literary lawyer, someone who understands the publishing contract), but if you already have agents who are enthusiastic about your voice, this is a good opportunity to start building a relationship. When you interview those agents, really talk to them about their vision for your career, not just their strategy for selling this particular book, although that should be part of the conversation as well.
I hope this helps. It sounds like you've gotten some good news lately so congratulations!
Jessica
I was going to leave this as a comment on your post "You Have an Offer" but decided to email you instead...
What if you've been rejected (or just not heard back from... no answer means no) by pretty much every agent on your list and THEN get an offer from a publisher? It feels kind of silly to email all the agents who've just told you no thanks and say "I know you didn't want this, but hey! Certain Publisher does, can someone represent me please?"
I'm facing this situation myself at the moment. I spent all last year querying a sci-fi with romantic elements, Atrophy. I got some great rejections, agents who said "I can't take this because it falls right between sci-fi and romance, so don't know what to do with it, but write something else and send me that!"
After I'd pretty much exhausted my list of potential agents, I was given the email address of an editor at HarperVoyager Australia from one of their authors I know and sent a query. The editor got straight back to me and said she wanted to see the first 10 chaps. A few weeks after that, the editor emailed again to say she was enjoying it immensly, there was so many things about it that were great and wanted to see the entire manuscript, plus was going to get another editor to read it as well.
Now, I know this isn't an offer and there's still every chance they could say "thanks, but no." Excpet taking into account how enthusiastic she seemed about it, I've got to consider what I'll do if they offer a contract. Some other published authors have advised me to forget about an agent since I got rejected by so many. If HV offer a contract I should just get a lawyer familiar with this sort of thing and go it without an agent. I now have several books published with Noble Romance Publishing and doing that without an agent it one thing, they're a small press, the contract was pretty straight forward and I was confident having a lawyer look over it and then going ahead on my own. But obviously HarperVoyager are a whole different ball game and honostly, I know that to make the kind of career I want, I need an agent.
So, on the chance HV do offer me a contract, what does an author do who has already been rejected by agents all over town do?
Would really appreciate an answer to this question that has really been stressing me out.
Well, what's interesting is it sounds like you have great feedback from agents who just didn't know where they could take the book, or they didn't feel they had the contacts, or could do you justice because they felt the risk was too big, and, sometimes, agents don't want to get an author's hopes up when they know something is a long shot. What I'd suggest is wait until you have the offer, and when you do, let the editor know that you'd prefer to work with an agent so will need two weeks before you can get back to her. Then I would immediately follow up with those agents you felt you got a good response from. Those agents who sounded very interested in you and your work and, if they asked to see other things, clearly your voice. Let them know you have an offer on that book and ask if they would consider offering representation.
Sure, you could definitely hire a lawyer (make sure it's a literary lawyer, someone who understands the publishing contract), but if you already have agents who are enthusiastic about your voice, this is a good opportunity to start building a relationship. When you interview those agents, really talk to them about their vision for your career, not just their strategy for selling this particular book, although that should be part of the conversation as well.
I hope this helps. It sounds like you've gotten some good news lately so congratulations!
Jessica
Tuesday, October 18, 2011
Reading Your Contract
It's a totally weird phenomenon, but I've had more authors hire lawyers to read the Author/Agent Agreement they sign with me than I have authors who have hired lawyers to read the publishing contract. Now, I'm not saying you have to hire a lawyer to read the publishing contract, since that's one of the things you pay your agent to do (read and negotiate), but when you do I find it odd you would hire someone to read the least important of the two contracts.
I appreciate that you trust me to negotiate a strong contract on your behalf, and I will certainly do that, but what I find most disconcerting of all is the recent realization that so many authors are signing these contracts without reading one word of either of them. Isn't that mom lesson number two? Right after saying please and thank you, aren't you taught to never sign anything without reading it first?
No matter what you think you are signing, you are responsible for it once you sign. Therefore, when getting your contract, it's important that you are aware of what it is you're committing yourself to.
Due dates? Those are your responsibility. That means if you commit to a due date that seems "absurd and ridiculous," well, you've committed to it, so if it is "absurd and ridiculous," maybe you need to discuss that with your agent and editor before actually signing the contract.
Manuscript length? The publisher expects your manuscript to be a certain length, and if you think it's too short or too long, discussing that with your agent and editor before signing is better than trying to argue the point with your publisher well after the fact.
Materials? If the contract says you are responsible for providing 25 pieces of artwork, permissions for copyrighted material, an index, or your firstborn child, you will be responsible for supplying that.
My point? Read your contract and ask your agent about anything that you have questions about. That's what you pay her for. I get that a 15-page legal document is a pain to read and can make your head spin. I read them almost daily and sometimes my head spins, and yes, I always think they're a pain to read. But they are important and they can be negotiated before you sign them. It's not so easy to negotiate after they've been signed and counter-signed and you realize you actually like and would like to keep your firstborn child.
Jessica
I appreciate that you trust me to negotiate a strong contract on your behalf, and I will certainly do that, but what I find most disconcerting of all is the recent realization that so many authors are signing these contracts without reading one word of either of them. Isn't that mom lesson number two? Right after saying please and thank you, aren't you taught to never sign anything without reading it first?
No matter what you think you are signing, you are responsible for it once you sign. Therefore, when getting your contract, it's important that you are aware of what it is you're committing yourself to.
Due dates? Those are your responsibility. That means if you commit to a due date that seems "absurd and ridiculous," well, you've committed to it, so if it is "absurd and ridiculous," maybe you need to discuss that with your agent and editor before actually signing the contract.
Manuscript length? The publisher expects your manuscript to be a certain length, and if you think it's too short or too long, discussing that with your agent and editor before signing is better than trying to argue the point with your publisher well after the fact.
Materials? If the contract says you are responsible for providing 25 pieces of artwork, permissions for copyrighted material, an index, or your firstborn child, you will be responsible for supplying that.
My point? Read your contract and ask your agent about anything that you have questions about. That's what you pay her for. I get that a 15-page legal document is a pain to read and can make your head spin. I read them almost daily and sometimes my head spins, and yes, I always think they're a pain to read. But they are important and they can be negotiated before you sign them. It's not so easy to negotiate after they've been signed and counter-signed and you realize you actually like and would like to keep your firstborn child.
Jessica
Monday, October 17, 2011
An Offer on the Table
I was helped a lot by a previous post of yours, how to turn a small press offer into something bigger. I went back and read it again and was well prepared for the exciting day. I got the small press offer, did not accept it (but did not turn it down either), and found a good agent. The novel is now on submission with the knowledge that there's an offer on the table. My question is: how long can you keep the small press waiting? It's been about a month now (since the offer; two weeks since submission to other editors) and I'm hoping we'll hear from the other editors soon. Two weeks ago, I informed the small press that an agent would be handling the contract and could I have a few more weeks for my response? I haven't heard back from them as of this writing. Thanks very much.
In my opinion two weeks is more than enough time, bordering on too much time actually. I understand it probably took two weeks to find an agent and that's perfectly acceptable, but with an offer on the table, no matter how small the press, the other publishers should be jumping through hoops, at your agent's insistence, to respond as quickly as possible. In my experience, once you've secured an agent, she should submit the material immediately and ask for replies immediately. The only caveat to that is if you are fully intending to turn down the small press offer no matter what happens with other publishers.
What you really need to be doing is talking to your agent about her strategy and ask not only how she's approaching editors with the project but what sort of timeline she's giving them.
Jessica
In my opinion two weeks is more than enough time, bordering on too much time actually. I understand it probably took two weeks to find an agent and that's perfectly acceptable, but with an offer on the table, no matter how small the press, the other publishers should be jumping through hoops, at your agent's insistence, to respond as quickly as possible. In my experience, once you've secured an agent, she should submit the material immediately and ask for replies immediately. The only caveat to that is if you are fully intending to turn down the small press offer no matter what happens with other publishers.
What you really need to be doing is talking to your agent about her strategy and ask not only how she's approaching editors with the project but what sort of timeline she's giving them.
Jessica
Monday, September 19, 2011
Handling Editor Interest
Two years ago, an editor was interested in my previous novel. The novel was taken to acquisitions and not acquired. Subsequently, I withdrew that novel from sale and began to work on another novel. Over a year and a half later, the same editor contacted my agent to see if I had anything new he could look at. (I know, pretty flattering, huh?) In the intervening time my agent had retired and I hadn't found a new agent because the book was unfinished (and there was no point looking for an agent for an already-shopped book), so I emailed the editor directly and told him about my new project.
Well, he was really interested. Took a look at the partial and made some brilliant editorial suggestions. Which I have implemented. (They meant an entire rewrite, so I'm not quite done, but nearly there.) But when I sent him a partial with the changes, he sent them to another Senior editor, and they both got a little excited, and now they're waiting on the full. No promises, but lots of interest.
So what's the protocol here, in regards to queries? I really want to work with this editor should an offer be forthcoming, but I also want an agent. Preferably first, so they can negotiate the contract and make sure I'm getting a fair deal and for other novels - to help me turn this into a career. Should I mention anything in the query title or open with, 'I have an interested editor'? Or do I wait until I have an offer in hand?
Life never works the way it's supposed to, does it? All the time people do things out of order or "not the way they're supposed to" and it works brilliantly for them. The difference between these people and those who "do everything right" with little success is that the people who use the back door first also grab every opportunity the moment it arises.
Grab this opportunity. The moment you feel the manuscript is in fighting shape you get it off to that editor. You have someone waiting for your work, don't let too much time slip by (of course, don't rush it too quickly either). Then get your queries out to agents and yes, definitely mention that Editor Name at House Name is reviewing the manuscript by request. You can explain the details later if necessary.
If you get an offer from the editor before you hear from agents you can use the offer to push an agent offer. Simply follow my guidelines, ask the editor to wait, and get the agent on board before you agree to anything. You don't need an agent first to negotiate the contract. You're just going in through the back door.
Hope that helps. Best of luck!
Jessica
Well, he was really interested. Took a look at the partial and made some brilliant editorial suggestions. Which I have implemented. (They meant an entire rewrite, so I'm not quite done, but nearly there.) But when I sent him a partial with the changes, he sent them to another Senior editor, and they both got a little excited, and now they're waiting on the full. No promises, but lots of interest.
So what's the protocol here, in regards to queries? I really want to work with this editor should an offer be forthcoming, but I also want an agent. Preferably first, so they can negotiate the contract and make sure I'm getting a fair deal and for other novels - to help me turn this into a career. Should I mention anything in the query title or open with, 'I have an interested editor'? Or do I wait until I have an offer in hand?
Life never works the way it's supposed to, does it? All the time people do things out of order or "not the way they're supposed to" and it works brilliantly for them. The difference between these people and those who "do everything right" with little success is that the people who use the back door first also grab every opportunity the moment it arises.
Grab this opportunity. The moment you feel the manuscript is in fighting shape you get it off to that editor. You have someone waiting for your work, don't let too much time slip by (of course, don't rush it too quickly either). Then get your queries out to agents and yes, definitely mention that Editor Name at House Name is reviewing the manuscript by request. You can explain the details later if necessary.
If you get an offer from the editor before you hear from agents you can use the offer to push an agent offer. Simply follow my guidelines, ask the editor to wait, and get the agent on board before you agree to anything. You don't need an agent first to negotiate the contract. You're just going in through the back door.
Hope that helps. Best of luck!
Jessica
Tuesday, July 12, 2011
Hiding Won't Help
Almost every author, at one time or another, struggles with getting her book in on time. It happens, but the absolute worst thing you can do is hide. When trouble arises you need communication more than ever. The minute you know you're facing a missed deadline or having trouble of any kind, let your agent know. For some reason, too many authors go underground and refuse to answer email or phone from agents or editors. I think they get tunnel vision and decide if they work frantically to get things done no one will notice. Not true. When we don't hear anything, and we know things are late, panic sets in and that only makes matters worse.
Jessica
Jessica
Monday, July 11, 2011
You Have an Offer
I've always said that when you get an offer of representation, or from a publisher, for that matter, you need to use that offer as leverage to find the agent who is best for you and your work. What that means is that when you get an offer you should contact every other agent who has your work, let them know of the offer, and give them a time by which they need to respond to you. I'm here today to make some amendments to that original treatise.
I still think one of the most important things an author can do when getting an offer of representation is consider the offer carefully and interview as many other agents as possible. Remember, the agent who is right for your mother, best friend, bestselling author, or sister's husband's uncle's half-brother is not necessarily the agent that's right for you. However, I also think when talking to other agents and leveraging your offer you need to do it in a way that makes sense and that is productive.
Previously I said contact every other agent "who has your work." My amendment to that is that you should contact "every other agent you haven't heard from yet," which includes those who still have queries. Agents read at different paces. Some read faster, or some might go through a spurt this week of query reading while others were planning to do that next week. If an agent hasn't yet requested material it doesn't mean she's not going to, it could mean she hasn't gotten to your query. Therefore, don't be afraid to contact her to let her know of your offer. In the past six months I offered on three different books when the authors notified me, and I hadn't even gotten to their queries yet. In fact, in some cases they sent a query with the offer because they wanted to hear from me.
Previously I said contact "every other agent," which I'm amending to "every other agent who you are interested in having as your agent." There have been times when I've gotten the distinct feeling that authors with offers were letting every agent know of the offer, asking every agent to spend time reading the manuscript, when in actuality they already knew exactly what decision they were going to make. I think the saying goes "don't waste my time and I won't waste yours." I do think it's important that you contact agents to leverage the offer and get to know, by talking to them, if they would be right for your work, and I realize that you might contact people, get an offer, and go with the first one anyway. That's okay, but if you have an offer from Agent A and proposals out with Agent B and Agent C and queries with Agent D and Agent F (you've already been rejected by Agent E), you should definitely contact them all. Unless you already know that although Agent C is a heavy hitter, you've met her and really didn't click. Then why bother Agent C? Let her off the hook now and simply pull your submission from consideration. Don't make things harder on yourself by wasting your own time, either. If Agent C does offer now you'll need to talk to her on the phone and hold an interview, when you've already decided she's not your speed.
A couple of years ago I made an offer to an author I was really excited about. Stupid thing to say really because I'm always "really excited" about every author I offer to. Anyway, she too was excited, but had the proposal with a couple of other agents and wanted to give them time to consider. Of course I thought that was a smart plan and told her I would wait. The next day she called me back to tell me she was an idiot (which she's not). I was her dream agent and talking with me only cemented that further. Rather than waste anyone else's time she had simply contacted the other agents to let them know she had accepted another offer. Yay for me! Now, in cases like this, when a submission is pulled, agents always get a little annoyed, but I think truthfully we actually feel left out (like we didn't get invited to the party), but you know what? I'd rather not get invited than be invited only because your mom made you invite me when I could have been at the mall with my real friends instead. Bad analogy, but I think you get what I'm saying.
And last, I'm sure I have said this before, but even if you only have a query out, contact the agent to let her know that you've accepted the offer and pull the query (if you don't want her to play). That way she won't get mad when she takes the time to read the query and request material, only to be told you accepted an offer a week ago. This way she's impressed with your professionalism, reads the query anyway, gets bummed that she missed out, and buys your book when it hits stores. Now you've made a professional contact, and we could all use more of those.
Jessica
I still think one of the most important things an author can do when getting an offer of representation is consider the offer carefully and interview as many other agents as possible. Remember, the agent who is right for your mother, best friend, bestselling author, or sister's husband's uncle's half-brother is not necessarily the agent that's right for you. However, I also think when talking to other agents and leveraging your offer you need to do it in a way that makes sense and that is productive.
Previously I said contact every other agent "who has your work." My amendment to that is that you should contact "every other agent you haven't heard from yet," which includes those who still have queries. Agents read at different paces. Some read faster, or some might go through a spurt this week of query reading while others were planning to do that next week. If an agent hasn't yet requested material it doesn't mean she's not going to, it could mean she hasn't gotten to your query. Therefore, don't be afraid to contact her to let her know of your offer. In the past six months I offered on three different books when the authors notified me, and I hadn't even gotten to their queries yet. In fact, in some cases they sent a query with the offer because they wanted to hear from me.
Previously I said contact "every other agent," which I'm amending to "every other agent who you are interested in having as your agent." There have been times when I've gotten the distinct feeling that authors with offers were letting every agent know of the offer, asking every agent to spend time reading the manuscript, when in actuality they already knew exactly what decision they were going to make. I think the saying goes "don't waste my time and I won't waste yours." I do think it's important that you contact agents to leverage the offer and get to know, by talking to them, if they would be right for your work, and I realize that you might contact people, get an offer, and go with the first one anyway. That's okay, but if you have an offer from Agent A and proposals out with Agent B and Agent C and queries with Agent D and Agent F (you've already been rejected by Agent E), you should definitely contact them all. Unless you already know that although Agent C is a heavy hitter, you've met her and really didn't click. Then why bother Agent C? Let her off the hook now and simply pull your submission from consideration. Don't make things harder on yourself by wasting your own time, either. If Agent C does offer now you'll need to talk to her on the phone and hold an interview, when you've already decided she's not your speed.
A couple of years ago I made an offer to an author I was really excited about. Stupid thing to say really because I'm always "really excited" about every author I offer to. Anyway, she too was excited, but had the proposal with a couple of other agents and wanted to give them time to consider. Of course I thought that was a smart plan and told her I would wait. The next day she called me back to tell me she was an idiot (which she's not). I was her dream agent and talking with me only cemented that further. Rather than waste anyone else's time she had simply contacted the other agents to let them know she had accepted another offer. Yay for me! Now, in cases like this, when a submission is pulled, agents always get a little annoyed, but I think truthfully we actually feel left out (like we didn't get invited to the party), but you know what? I'd rather not get invited than be invited only because your mom made you invite me when I could have been at the mall with my real friends instead. Bad analogy, but I think you get what I'm saying.
And last, I'm sure I have said this before, but even if you only have a query out, contact the agent to let her know that you've accepted the offer and pull the query (if you don't want her to play). That way she won't get mad when she takes the time to read the query and request material, only to be told you accepted an offer a week ago. This way she's impressed with your professionalism, reads the query anyway, gets bummed that she missed out, and buys your book when it hits stores. Now you've made a professional contact, and we could all use more of those.
Jessica
Monday, March 28, 2011
Book Packager v. Agent
Help! I feel like a bunny in a lions den! I had an idea for a non-fiction book, not being a writer and knowing absolutely nothing about the publishing industry, I searched for books on similar subjects and contacted them with my idea and asking if they would like to collaborate. One of the authors who replied was a book packager who began working with me on the proposal. We both had the same ideas on what the book should be so I thought it would be a good fit . . . until they sent me the contract. It was a work for hire agreement - no way was I going to agree to it, this was my baby and I was the one doing the work, they weren't planning on helping me write - just the packaging and finding a publisher, yet here they wanted to pay me a small fee and keep the copywrite. I began to querry agents. In the meantime they agreed verbally to most of my terms but wanted to split any advance 70/30 - net, my cut being thirty and any future royalties 50/50 - net. They wouldn't budge on this stating that their expenses were going to be high and this was normal for first time authors. Mabe I'm being stubborn but since their expenses are taken out before the split why does their split have to be so high? To make me trust them less, when they sent the new contract they stated that the split for advance AND royalties at 70/30. They have since sent a corrected contract but I just feel as if they are trying to take advantage of my inexperience and there may be something else I am missing. In the meantime, one of the agents I had contacted asked me to send my full proposal. I should be hearing back from her in a few weeks. I don't know if I can put the book packagers off for that long but there are moments when I think I'd rather not do it at all than get ripped off!
Any advise???
There’s a lot here. In other words, there’s a lot for me to comment on and a lot of different issues to address. I’m going to try to take it step by step.
You started by saying you had a book idea but you aren’t a writer, so it sounds to me like you were looking for someone to write the book for you because you thought the idea was so revolutionary. That might be the case, but the truth is that an idea is nothing without the execution, at least in the book world. I have seen some of the most amazing ideas cross my desk in both fiction and nonfiction, but without the right execution it never made it to publication.
As for the book packager. This is a typical book packager agreement and why I urge all writers to do their research before putting things out there. Without knowing what the book is or what is being done to package the book, I can’t tell you for sure if what they’re doing is fair. It sounds to me like it is. A 70/30 split and 50/50 royalties is far more than most authors receive from packagers. Do you know what they’re doing for you? Is this a heavily illustrated book and are they supplying the illustrations? You claimed earlier you are not a writer and were looking for a writer, but now you say you are the one doing all the work. I’m a little confused by this. Are you actually writing the book or is someone else? Are they doing a lot of work preparing the package and editing or are you expected to do all of that yourself?
Here’s the deal. Here’s what a book packager typically does. If what you want is to keep the majority of the money and hold on to the rights, you need a literary agent. To find one, however, you need to be prepared to write the book proposal yourself (or pay someone to write it for you) and submit it to agents for consideration. If illustrations or art are required you will need to be the one to pay for and supply those.
As for what you should do? I can’t tell you that. I don’t have enough information for one thing, but I also don’t know if you’re getting ripped off. That depends on what the packager is doing to make this a project that can be sold.
Jessica
Any advise???
There’s a lot here. In other words, there’s a lot for me to comment on and a lot of different issues to address. I’m going to try to take it step by step.
You started by saying you had a book idea but you aren’t a writer, so it sounds to me like you were looking for someone to write the book for you because you thought the idea was so revolutionary. That might be the case, but the truth is that an idea is nothing without the execution, at least in the book world. I have seen some of the most amazing ideas cross my desk in both fiction and nonfiction, but without the right execution it never made it to publication.
As for the book packager. This is a typical book packager agreement and why I urge all writers to do their research before putting things out there. Without knowing what the book is or what is being done to package the book, I can’t tell you for sure if what they’re doing is fair. It sounds to me like it is. A 70/30 split and 50/50 royalties is far more than most authors receive from packagers. Do you know what they’re doing for you? Is this a heavily illustrated book and are they supplying the illustrations? You claimed earlier you are not a writer and were looking for a writer, but now you say you are the one doing all the work. I’m a little confused by this. Are you actually writing the book or is someone else? Are they doing a lot of work preparing the package and editing or are you expected to do all of that yourself?
Here’s the deal. Here’s what a book packager typically does. If what you want is to keep the majority of the money and hold on to the rights, you need a literary agent. To find one, however, you need to be prepared to write the book proposal yourself (or pay someone to write it for you) and submit it to agents for consideration. If illustrations or art are required you will need to be the one to pay for and supply those.
As for what you should do? I can’t tell you that. I don’t have enough information for one thing, but I also don’t know if you’re getting ripped off. That depends on what the packager is doing to make this a project that can be sold.
Jessica
Tuesday, March 22, 2011
Character Copyright
What is the proper use/copyright requirements if I want to allude to a copyrighted character in another work? Can I do it? Specifically, I'm looking at a single reference - as in a single line of dialog, something like "You're quite the Nancy Drew, aren't you?" (this is an example, not a quote). Am I required to get permission to use the term "Nancy Drew" from the copyright holder (I am referencing their description of the character, I suppose, but it's a term that's commonly used), or is noting the copyright holder enough?
Copyright becomes an issue if you plan to use that character in your work. If, for example, you want Nancy Drew herself to be a character in your work. To talk about a pop culture reference, whether it’s a character, a famous person, a book, a movie, etc., is not a copyright issue. Therefore your example is not a copyright issue at all, and you don’t need to reference the copyright holder or obtain permission.
Jessica
Copyright becomes an issue if you plan to use that character in your work. If, for example, you want Nancy Drew herself to be a character in your work. To talk about a pop culture reference, whether it’s a character, a famous person, a book, a movie, etc., is not a copyright issue. Therefore your example is not a copyright issue at all, and you don’t need to reference the copyright holder or obtain permission.
Jessica
Monday, November 29, 2010
Strictly Agent Territory
I’m curious about the opinion you and Kim have about the rise in e-books and the rights therein. Is this an issue authors should pay closer attention to, or is it strictly agent territory—or perhaps, is it the responsibility of both parties?
There is nothing in this business that is “strictly agent territory.” As the author and owner of your business (your author brand), it is imperative that you learn about the business and keep yourself apprised of what is going on. When I look at those authors who have truly achieved success, there is one thing all of them have in common, and that’s knowledge of publishing as a business. That doesn’t mean they necessarily understand every clause in a contract (a smart author also surrounds herself with smart people), but she does make an effort to understand the contract as a whole, the rights she’s licensing to others, and what the options are for her career. She works as a team with those smart people she’s hired, which means she has conversations with her agent about the contract and the rights that are being licensed, she discusses design and style with her website designer, and she works hand in hand with her publicist to come up with the next brilliant publicity idea.
So the answer is a resounding: It’s the responsibility of both parties to understand and seek knowledge about not just digital rights, but all rights as they pertain to the book.
Jessica
There is nothing in this business that is “strictly agent territory.” As the author and owner of your business (your author brand), it is imperative that you learn about the business and keep yourself apprised of what is going on. When I look at those authors who have truly achieved success, there is one thing all of them have in common, and that’s knowledge of publishing as a business. That doesn’t mean they necessarily understand every clause in a contract (a smart author also surrounds herself with smart people), but she does make an effort to understand the contract as a whole, the rights she’s licensing to others, and what the options are for her career. She works as a team with those smart people she’s hired, which means she has conversations with her agent about the contract and the rights that are being licensed, she discusses design and style with her website designer, and she works hand in hand with her publicist to come up with the next brilliant publicity idea.
So the answer is a resounding: It’s the responsibility of both parties to understand and seek knowledge about not just digital rights, but all rights as they pertain to the book.
Jessica
Wednesday, November 17, 2010
Your Option Clause
I'm in what I consider to be a bit of a bind. My publisher has not been the most active with my book, and not the most communicative in general. I find it rough, but understand I signed a contract, it's technically their book now.
There's a Right of First Refusal clause in the contract, which I didn't think to be a big deal when I naively signed last year. However, I'm pretty much finished with the sequel to the book, and have to show them. The clause states nothing as to time frame or terms, simply says "We have the right of first refusal".
Does this mean I HAVE to sign the contract for the next book? Do I get to negotiate the contract if I do have to sign? What would be an appropriate amount of time to wait for their response? Am I totally out of luck, or does their simple statement give me some leeway?
And this is why you want a professional to help negotiate a contract.
It’s hard to tell you exactly what you have to do or don’t have to do without having the clause and the exact terms in front of me. That being said, I will do my best to explain the clause and what you are likely required to do.
An option clause, also called right of first refusal, means that you agree to give the publisher an exclusive look at your next book. Typically, the clause appears in all or most publisher contracts, and few publishers will agree to delete it entirely. They will, however, often agree to narrow it as much as possible, which is something an agent will do for you by adding things like a time frame and a description of “next work.”
However your option clause reads, it in no way means you are required to sign a contract for the next book. The publisher can’t force you to write for them. Typically it means they have the first right to read the book and make an offer, which you would then negotiate. At that point, you can decide either to stay with the publisher or pass on the offer and shop your book to other publishers.
As for time frame, I would give them 30 days to respond before harassing them for an answer.
Jessica
There's a Right of First Refusal clause in the contract, which I didn't think to be a big deal when I naively signed last year. However, I'm pretty much finished with the sequel to the book, and have to show them. The clause states nothing as to time frame or terms, simply says "We have the right of first refusal".
Does this mean I HAVE to sign the contract for the next book? Do I get to negotiate the contract if I do have to sign? What would be an appropriate amount of time to wait for their response? Am I totally out of luck, or does their simple statement give me some leeway?
And this is why you want a professional to help negotiate a contract.
It’s hard to tell you exactly what you have to do or don’t have to do without having the clause and the exact terms in front of me. That being said, I will do my best to explain the clause and what you are likely required to do.
An option clause, also called right of first refusal, means that you agree to give the publisher an exclusive look at your next book. Typically, the clause appears in all or most publisher contracts, and few publishers will agree to delete it entirely. They will, however, often agree to narrow it as much as possible, which is something an agent will do for you by adding things like a time frame and a description of “next work.”
However your option clause reads, it in no way means you are required to sign a contract for the next book. The publisher can’t force you to write for them. Typically it means they have the first right to read the book and make an offer, which you would then negotiate. At that point, you can decide either to stay with the publisher or pass on the offer and shop your book to other publishers.
As for time frame, I would give them 30 days to respond before harassing them for an answer.
Jessica
Tuesday, November 02, 2010
"You Say Pushy Like It's a Bad Thing," Janet Reid
I was recently pointed to a blog post that really has me irritated for a number of different reasons. Many of these reasons have already been articulated by Janet Reid perfectly, but since this is an issue I feel is important, I wanted to have my own say.
The blog in question was written by someone who calls herself (I assume it’s a her based on the picture) Agency Gatekeeper. In it the blogger suggests that any agent who wants to know who else has offered representation is “pushy, rude and breaching etiquette.” Which is wrong, completely wrong.
What concerns me most about this post is the sweeping generalization that one simple question from an agent means run. And I don’t get that. It’s a question and I think we are all smart enough to know the difference between someone asking a question and rudeness. Most certainly, asking a question about who else is offering representation is not a breach of etiquette.
When an author comes to me with an offer of representation already on the table, it’s only natural I would want to know who made that offer. It’s the same with a publisher; it’s only natural that a publisher is going to want to know who else is offering for a book. Whether or not you answer that is entirely up to you. When offering representation I’ve had authors who are completely up front in telling me every agent who is still interested, and others who won’t tell me even after a decision is made. That’s fine, it’s really up to the authors. And yes, I suppose there are agents out there who might use that information to present a pro/con list to the author of why she’s better than the other agents. Doesn’t that only give you more insight into how this agent works? If that sort of pitch makes you uncomfortable then you know she’s not the agent for you. On the other hand, it might also help you determine what other questions you might ask the other agents. Heck, you could even ask the other agents what they know of each other and how they differ if you really wanted to. Why not? You’re the one doing the hiring.
So why would an agent ask? Well certainly there’s simple curiosity. Wouldn’t you want to know? There’s also power in knowing who your competition is and what they bring to the table that you might want to highlight in your own sales pitch, because it’s true, when you’re offering representation to a potential new client you’re selling yourself.
One of the other things Agency Gatekeeper said was,
Which I don’t get at all. Placing you in the middle of what? I have friends who are agents and I suppose there are agents out there I don’t like very much, but we are not going to stand you in the middle of a room and start taunting you, and I don’t have a “generations-old battle” to fight out with anyone. In fact, I’m not old enough to have a generations-old battle, thank you very much.
What I really don’t like about this blog by Agency Gatekeeper is the sense that authors aren’t smart or savvy enough to think for themselves. Are you not able to tell when an agent is being rude or making you uncomfortable? I also don’t like this sense that authors are just a pawn in a giant agent game of tug-of-war. There’s no doubt that when I make an offer of representation I want to be the one the author chooses, but it’s not because I want to “get one over” on my fellow agents. It’s because I feel so passionate about that book that not being the one to help present it to publishers actually makes me want to cry.
So, here’s the thing. When interviewing an agent for representation there are no wrong questions you can ask, and hopefully when the agent is talking to you there are no wrong questions she can ask. You’re getting to know each other, and the more you talk the more time you have to get a sense of how you will work together. If an agent asks a question you aren’t comfortable answering, simply tell her so; if she pushes and bullies then she’s probably not the agent for you, but asking the question itself isn’t the problem, how everyone reacts to the question can be the problem.
Jessica
The blog in question was written by someone who calls herself (I assume it’s a her based on the picture) Agency Gatekeeper. In it the blogger suggests that any agent who wants to know who else has offered representation is “pushy, rude and breaching etiquette.” Which is wrong, completely wrong.
What concerns me most about this post is the sweeping generalization that one simple question from an agent means run. And I don’t get that. It’s a question and I think we are all smart enough to know the difference between someone asking a question and rudeness. Most certainly, asking a question about who else is offering representation is not a breach of etiquette.
When an author comes to me with an offer of representation already on the table, it’s only natural I would want to know who made that offer. It’s the same with a publisher; it’s only natural that a publisher is going to want to know who else is offering for a book. Whether or not you answer that is entirely up to you. When offering representation I’ve had authors who are completely up front in telling me every agent who is still interested, and others who won’t tell me even after a decision is made. That’s fine, it’s really up to the authors. And yes, I suppose there are agents out there who might use that information to present a pro/con list to the author of why she’s better than the other agents. Doesn’t that only give you more insight into how this agent works? If that sort of pitch makes you uncomfortable then you know she’s not the agent for you. On the other hand, it might also help you determine what other questions you might ask the other agents. Heck, you could even ask the other agents what they know of each other and how they differ if you really wanted to. Why not? You’re the one doing the hiring.
So why would an agent ask? Well certainly there’s simple curiosity. Wouldn’t you want to know? There’s also power in knowing who your competition is and what they bring to the table that you might want to highlight in your own sales pitch, because it’s true, when you’re offering representation to a potential new client you’re selling yourself.
One of the other things Agency Gatekeeper said was,
The minute an agent asks this question, he/she is placing you in the middle of what may be an ongoing debate/competition/industry question/drama--it's pulling you into a situation (perhaps a fight, if for some reason the agents don't get along) that just isn't fair. That's like two old friends bringing you into a generations-old battle--and you just met them. It'll cloud your judgment and make it all the more challenging to make this already difficult decision.
Which I don’t get at all. Placing you in the middle of what? I have friends who are agents and I suppose there are agents out there I don’t like very much, but we are not going to stand you in the middle of a room and start taunting you, and I don’t have a “generations-old battle” to fight out with anyone. In fact, I’m not old enough to have a generations-old battle, thank you very much.
What I really don’t like about this blog by Agency Gatekeeper is the sense that authors aren’t smart or savvy enough to think for themselves. Are you not able to tell when an agent is being rude or making you uncomfortable? I also don’t like this sense that authors are just a pawn in a giant agent game of tug-of-war. There’s no doubt that when I make an offer of representation I want to be the one the author chooses, but it’s not because I want to “get one over” on my fellow agents. It’s because I feel so passionate about that book that not being the one to help present it to publishers actually makes me want to cry.
So, here’s the thing. When interviewing an agent for representation there are no wrong questions you can ask, and hopefully when the agent is talking to you there are no wrong questions she can ask. You’re getting to know each other, and the more you talk the more time you have to get a sense of how you will work together. If an agent asks a question you aren’t comfortable answering, simply tell her so; if she pushes and bullies then she’s probably not the agent for you, but asking the question itself isn’t the problem, how everyone reacts to the question can be the problem.
Jessica
Tuesday, September 28, 2010
Small Press v. Agent
I am a faithful reader of your blog. I think I have read about similar situations, but I just can't recall one exactly like this, or maybe I just couldn't find it! I wrote a book a year and a half ago, and I queried it to a few agents. Although one or two requested partials, nothing came of that. (I never heard back from one, and the other rejected me.)
I was reading a book by a new author almost a year ago on my kindle and noticed that the editor in the credits accepted queries. I decided to try sending a partial (which they accepted with the query) to the editor, [small press here]. It's a small press, but seems reputable, and I have spoken to that author via email. She said that although the money wasn't huge from her book deal with them, it helped her land an agent who helped her sign a book deal with [big press here]. (Plus, let's face it--if it's all about money for me I should probably stick with my day job as a lawyer and quit messing around with fiction writing.)
Eight months after my original submission (two days ago) [small press] responded with some suggested edits and asked for a full manuscript once the edits were done. I agree the edits are a good idea.
Now to my question. Do I just send them my edited manuscript once I complete it? Or do I begin the query process all over again with agents first, hoping to find an agent who will handle a small contract? Do you think agents who have previously turned me down might be interested to know if a publisher is now interested, or should I only query agents who haven't already turned me down before? (Even if they are my dream agents.)
Hope this isn't too complicated/specific a question!
I loved the author’s tone and voice in this email, which is why I included the entire thing.
Here’s my advice. Finish the edited manuscript, send it to the editor and start querying agents at the same time. Let them know you’ve received a request from [small press] and, yes, if you want to requery agents do so, but only those who have not yet read the partial.
If you still don’t have an agent when the publisher’s offer comes in (always think positively), contact everyone who has yet to respond to see if you can turn that offer into an agent contract as well.
Jessica
I was reading a book by a new author almost a year ago on my kindle and noticed that the editor in the credits accepted queries. I decided to try sending a partial (which they accepted with the query) to the editor, [small press here]. It's a small press, but seems reputable, and I have spoken to that author via email. She said that although the money wasn't huge from her book deal with them, it helped her land an agent who helped her sign a book deal with [big press here]. (Plus, let's face it--if it's all about money for me I should probably stick with my day job as a lawyer and quit messing around with fiction writing.)
Eight months after my original submission (two days ago) [small press] responded with some suggested edits and asked for a full manuscript once the edits were done. I agree the edits are a good idea.
Now to my question. Do I just send them my edited manuscript once I complete it? Or do I begin the query process all over again with agents first, hoping to find an agent who will handle a small contract? Do you think agents who have previously turned me down might be interested to know if a publisher is now interested, or should I only query agents who haven't already turned me down before? (Even if they are my dream agents.)
Hope this isn't too complicated/specific a question!
I loved the author’s tone and voice in this email, which is why I included the entire thing.
Here’s my advice. Finish the edited manuscript, send it to the editor and start querying agents at the same time. Let them know you’ve received a request from [small press] and, yes, if you want to requery agents do so, but only those who have not yet read the partial.
If you still don’t have an agent when the publisher’s offer comes in (always think positively), contact everyone who has yet to respond to see if you can turn that offer into an agent contract as well.
Jessica
Tuesday, August 10, 2010
Firing an Agent
Some months ago I asked my agent about the possibilities of getting my novel adapted as a graphic novel. He dismissed the suggestion, saying that those particular rights belonged to the publisher. After examining the contract, I realized that those rights are mine alone with all the other derivatives (film, dramatic etc). Recently I have found an agent who specializes in Graphic Novel who was interested in selling it, but asked that I get a waiver from the agent of record, since she is not willing to split her commission.
Without telling my agent about this I asked again about graphic novels. After the publisher acknowledged that those rights are mine, he responded that there was no point in trying to sell a graphic novel adaptation, since the graphic novel business was "nascent." Like the movie rights, which he has farmed out to an agent who has done nothing in two years. He admitted that he is content to wait for something to drop from the heavens and refuses to waive any of those rights.
As far as he is concerned, the novel he sold is a spent property, since the publishers is neither going to give up rights or put out any subsequent editions as long as they have a couple thousand unsold hardbacks in their inventory. He is also not interested in representing my current project as it is something the editor doesn't care for.
My agency agreement does not say anything about him keeping hold of unsold rights. Can't I just fire him and take my rights back?
I want to take a step back here. I recognize that you are frustrated and angry and I don’t blame you. That being said, I want to explain some things so that readers don’t get confused about what’s really wrong, or seemingly wrong, and what’s probably really happening. I’m going to address the movie rights first and then I’ll move on to the graphic novel rights. You say that your agent “farmed” the movie rights out to another agent who has done nothing. It’s very typical for a literary agent to work with a co-agent on movie rights, foreign rights, and other types of sub-rights. Just as a literary agent specializes in books, and certain genres of books, there are agents who specialize in certain territories or in movies. I can’t weigh whether or not this movie agent is doing anything, but I can tell you that it’s very, very difficult to get a movie option and not having one doesn’t necessarily mean nothing is being done.
Okay, on to your original question. I’m concerned that your agent didn’t seem to know what rights he held on your behalf. Certainly that’s not material I have in my head for every contract I’ve negotiated, but it’s easy enough for me to find out by reading the contract. To me that’s a red flag.
As to moving forward, if your agency contract says nothing about him keeping unsold rights, and you’re sure of this, then I see no reason why you can’t fire this agent and move forward with any rights in any way you want. What I might suggest, to keep things clean, is that you spell this out in your termination letter. In other words, you say specifically that you are terminating your agreement and that you are free to move forward with any unsold rights with no obligation to him.
Keep in mind, your agent still has the right to receive commissions on any contracts he did negotiate on your behalf and on any rights you licensed in those contracts.
Jessica
Without telling my agent about this I asked again about graphic novels. After the publisher acknowledged that those rights are mine, he responded that there was no point in trying to sell a graphic novel adaptation, since the graphic novel business was "nascent." Like the movie rights, which he has farmed out to an agent who has done nothing in two years. He admitted that he is content to wait for something to drop from the heavens and refuses to waive any of those rights.
As far as he is concerned, the novel he sold is a spent property, since the publishers is neither going to give up rights or put out any subsequent editions as long as they have a couple thousand unsold hardbacks in their inventory. He is also not interested in representing my current project as it is something the editor doesn't care for.
My agency agreement does not say anything about him keeping hold of unsold rights. Can't I just fire him and take my rights back?
I want to take a step back here. I recognize that you are frustrated and angry and I don’t blame you. That being said, I want to explain some things so that readers don’t get confused about what’s really wrong, or seemingly wrong, and what’s probably really happening. I’m going to address the movie rights first and then I’ll move on to the graphic novel rights. You say that your agent “farmed” the movie rights out to another agent who has done nothing. It’s very typical for a literary agent to work with a co-agent on movie rights, foreign rights, and other types of sub-rights. Just as a literary agent specializes in books, and certain genres of books, there are agents who specialize in certain territories or in movies. I can’t weigh whether or not this movie agent is doing anything, but I can tell you that it’s very, very difficult to get a movie option and not having one doesn’t necessarily mean nothing is being done.
Okay, on to your original question. I’m concerned that your agent didn’t seem to know what rights he held on your behalf. Certainly that’s not material I have in my head for every contract I’ve negotiated, but it’s easy enough for me to find out by reading the contract. To me that’s a red flag.
As to moving forward, if your agency contract says nothing about him keeping unsold rights, and you’re sure of this, then I see no reason why you can’t fire this agent and move forward with any rights in any way you want. What I might suggest, to keep things clean, is that you spell this out in your termination letter. In other words, you say specifically that you are terminating your agreement and that you are free to move forward with any unsold rights with no obligation to him.
Keep in mind, your agent still has the right to receive commissions on any contracts he did negotiate on your behalf and on any rights you licensed in those contracts.
Jessica
Monday, August 02, 2010
An Offer From a Small Publisher
I recently received two very similar questions, and rather than answer them separately I thought I’d lump them together.
I received a contract in the mail from a publisher today. I do not have an agent. I queried widely without success prior to submitting the manuscript to a few publishers that accept unagented material. I have a lawyer friend who has reviewed the contract and says it's pretty standard, but I want (and have always wanted) to work with an agent. The publisher wrote within the offering letter that many elements of the contract are open for negotiation, and I know several items are not worded in my favour and should be changed, but I do not feel qualified to do so.
Should I try to find an agent now? How should I go about doing so? Is it acceptable to contact some of the agents who rejected my query - as these are the people I spent time researching and I know I would like to work with? How do I get my contract offer out of the slush pile?
And
if you submit your work to a small publisher and they're interested in publishing the book, is a small press too small for an agent to be interested in representing a new author? Should the author not accept the publisher's offer if an agent is willing to look at their work and submit it to a large publisher instead?
First off, I think both readers should review the posts I’ve made on similar subjects. If you go to Turn that Deal Around you’ll also see a link to another post that talks about what an agent can do for you if you get an offer from a publisher.
Let me take a stab at these questions. . . .
Whether you get an offer from a small press or a large press there is no guarantee that an agent will want to handle the deal for you. A good agent will want to read the book first before making the decision, to make sure your writing is something she wants to add to her list. That being said, I know there is a myth that goes through writers’ circles not to even bother looking for an agent if it’s a small press because agents aren’t interested in small presses. I’m not sure who started this rumor or why it continues to spread, but it’s just plain ridiculous. Agents are interested in getting good books published and every agent worth her salt knows that sometimes that means going to a small press. We also know that a lot of really great careers start at small presses. Sure, sometimes the money is smaller, but if I’m looking at an author’s work I’m seeing a career, which means, in my mind, the money might start small, but I’m seeing bigger things to come.
If a small press deal comes your way, the time to get an agent is the minute you get the offer. Sure, you can pay 15% to negotiate the contract, but typically once the contract is sent you’ve already agreed to a number of terms, including advance, royalties, and territory. These are the big ones and, frankly, these are what an agent will negotiate to make her money. If you have the contract in hand, those are already finalized. If you’ve had a publishing lawyer look over the contract and negotiate on your behalf, you probably don’t need an agent at this point.
As I said in the previous post referenced above, talk to the agent before you accept the offer. Simply let the publisher know you’d like to bring an agent on board and you’ll get back to her. There are a ton of agents out there and it’s unlikely you’ve actually submitted to them all. The other thought to consider is that it’s unlikely they’ve all read your proposal. For those who only rejected on query you might want to go back to them this time to see if the offer pushes them to want to read your work.
Jessica
I received a contract in the mail from a publisher today. I do not have an agent. I queried widely without success prior to submitting the manuscript to a few publishers that accept unagented material. I have a lawyer friend who has reviewed the contract and says it's pretty standard, but I want (and have always wanted) to work with an agent. The publisher wrote within the offering letter that many elements of the contract are open for negotiation, and I know several items are not worded in my favour and should be changed, but I do not feel qualified to do so.
Should I try to find an agent now? How should I go about doing so? Is it acceptable to contact some of the agents who rejected my query - as these are the people I spent time researching and I know I would like to work with? How do I get my contract offer out of the slush pile?
And
if you submit your work to a small publisher and they're interested in publishing the book, is a small press too small for an agent to be interested in representing a new author? Should the author not accept the publisher's offer if an agent is willing to look at their work and submit it to a large publisher instead?
First off, I think both readers should review the posts I’ve made on similar subjects. If you go to Turn that Deal Around you’ll also see a link to another post that talks about what an agent can do for you if you get an offer from a publisher.
Let me take a stab at these questions. . . .
Whether you get an offer from a small press or a large press there is no guarantee that an agent will want to handle the deal for you. A good agent will want to read the book first before making the decision, to make sure your writing is something she wants to add to her list. That being said, I know there is a myth that goes through writers’ circles not to even bother looking for an agent if it’s a small press because agents aren’t interested in small presses. I’m not sure who started this rumor or why it continues to spread, but it’s just plain ridiculous. Agents are interested in getting good books published and every agent worth her salt knows that sometimes that means going to a small press. We also know that a lot of really great careers start at small presses. Sure, sometimes the money is smaller, but if I’m looking at an author’s work I’m seeing a career, which means, in my mind, the money might start small, but I’m seeing bigger things to come.
If a small press deal comes your way, the time to get an agent is the minute you get the offer. Sure, you can pay 15% to negotiate the contract, but typically once the contract is sent you’ve already agreed to a number of terms, including advance, royalties, and territory. These are the big ones and, frankly, these are what an agent will negotiate to make her money. If you have the contract in hand, those are already finalized. If you’ve had a publishing lawyer look over the contract and negotiate on your behalf, you probably don’t need an agent at this point.
As I said in the previous post referenced above, talk to the agent before you accept the offer. Simply let the publisher know you’d like to bring an agent on board and you’ll get back to her. There are a ton of agents out there and it’s unlikely you’ve actually submitted to them all. The other thought to consider is that it’s unlikely they’ve all read your proposal. For those who only rejected on query you might want to go back to them this time to see if the offer pushes them to want to read your work.
Jessica
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