Guide to Literary Agents - Contracts and Copyrights and Money

Don't put all your eggs in one basket with just one book.

You have a contract but no literary agent - what to do.

Confused about formatting? Check out Formatting & Submitting Your Manuscript.

Photo from: Pendleton Panther

Want the most complete database of agents and what genres they're looking for? Buy the 2011 Guide to Literary Agents today!

Contracts and Copyrights and Money | Guest Columns | Marketing and Sales

Monday, April 26, 2010 12:22:53 AM (Eastern Daylight Time, UTC-04:00)

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Sunday, April 25, 2010

Be (Slightly) Afraid of Posting Your Work Online
Posted by Chuck

My co-worker, Jane Friedman, recently wrote a column for Writer Unboxed titled "Stop Being Afraid of Posting Your Work Online." Her column lists reasons why writers should not be afraid of posting material on websites. The column is in response to my usual advice to writers, which is that posting work online is generally a no-no. Essentially, we disagree on the value of it (a delicious little point-counterpoint). But the truth is: This is not a yes/no answer. Both answers are incorrect, but I still lean toward not putting your work online, and I will try and convince you why here.

NONFICTION VS. FICTION

The first huge point to address is that with nonfiction, yes, posting work online is something I/everybody will usually encourage, versus the opposite for fiction. Look at the site you're reading right now: GLA (nonfiction). I am posting content (instruction, interviews, columns) for free. Maybe you're a blogger. If you write columns of any kind, whether about raising your three kids or your struggling life as an artist, you are posting content online for free. This is all well and good. You're building an audience because you have something to sell, or want to sell something in the future. So Michael Larsen was right when he said "test market." He was talking about nonfiction. Blog-to-book deals? Same thing—it's nonfiction, and all is well and good.

But with fiction? I do not recommend putting stuff on your website/blog. (And by the way, when Jane and I talk to writers at conferences or intensives, I'd say 75-90 percent of the audience is fiction/memoir.) Notice how I said "your website/blog." I'm not against you pasting stuff in a small critique forum where people meet to offer feedback on each other's work. But if you post work on your own website, you need to know that--

FACT: WRITERS STEAL STUFF

Fundamentally, one of my biggest points is that you cannot copyright your ideas or concepts, so by putting stuff online, you are vulnerable. I've said it before and I'll say it again: Agents and editors don't steal stuff; writers steal stuff. So if you post your first chapter on your website, what are the chances some agent will come across your blog and say "Brilliant! I want to sign you!" Slim to none. But who will come across your site? Writers you don't know, and you cannot stop them from pilfering some of your ideas.

Granted, they will not cut and paste entire paragraphs of your work, but consider this: Perhaps you start your thriller with a cop walking out of an eye doctor appointment. He has sunglasses on and his pupils are all dilated and he has someone about to drive him home ... then he witnesses a murder in the parking lot, but he can't be sure exactly what he saw. Kind of a fun first chapter idea, right? But I can't protect that idea! (In fact, if you like it, go on—take it. It's yours.) Be careful, especially if your entire book is based on a great idea—one that we would call "high concept" or "a great hook." Which leads me to--

FOR THE LOVE OF GOD, PROTECT YOUR HIGH-CONCEPT IDEAS

Let me take you back to a writers conference. I was sitting in a room listening to writers give live pitches to agents while 150 other writers listened in. The writer pitched a project called "The Dude Who Knew Too Much." BAM. Now that is a high-concept idea. We knew from the title alone that it was about a teenager who got involved in spy stuff and was in way over his head. High concept! Funny! $$$$! One of the agents asked, "It is a comedy, right?" Astonishingly, the writer said no. That's when—I kid you not—I heard someone nearby murmur that they were taking that idea. They were going to take the title/concept, but do the story right—making it a fun teen comedy instead of whatever the original writer had in mind. That was my turning point. Since then, I have become an advocate of protecting your ideas and playing it safe.

Let's continue talking about protecting high-concept ideas. Perhaps you have a blog, and in your profile, you want to say that you're a writer. Fine. Maybe you want to mention that you're not just a writer, but a writer of YA paranormal. Fine. But maybe you want to include a one-paragraph pitch of your book (like you would in query letter). So ask yourself: Why? So agents will see it? Agents are busy people; they're not prowling around small writer blogs, of which there are thousands. The people you want to see your idea will not be looking at your blogger profile, so where's the benefit? We already know the downside is theft.

Keep in mind that, once again, this is not a yes/no discussion. Let's say you're writing a YA humor book. If it's like Superbad, the pitch would say it's about "Two best friends that get into wild adventures on one of their last days in high school." This is not a high-concept idea. The charm of that story was all the writing/characters. This pitch is fine to release on the web or fly behind a plane. But what about this new movie coming out called HIGH School, where an honor student tries pot for the first time, only to hear that a drug test for all students is around the corner—so he embarks on a quest to get every student in school to try weed that week, so they all fail the test together. High concept! Protect such an idea, because anyone could simply snatch it right up and beat you to the punch.

WHAT ARE YOU TRYING TO GET OUT OF IT?

Jane kinda touched on this, but simply ask yourself: What is your plan? What do you want to get out of it? If you want thoughts on your fiction, pass your work to other readers ("beta readers") in a writers group. Or possibly put some of it online at a critique site. Don't just paste it on your Wordpress blog and hope you get feedback. You may; you may not—but your writing is out there.

If you want an agent, then query, and write an awesome letter. Don't paste work online and hope they'll come round, because they will not. And yes, people are always happy to point out those special exceptions, such as that one writer who had an agent come by his blog and saw his pitch and signed him. But like I've said before regarding word count, we cannot aim to be a 1-in-100 exception.

Ultimately, I do not advise posting fiction excerpts online just to see what happens. I have seen ideas get taken before, and I always advise writers on the safe side. That's just how I roll. Regardless of your decision, as always, I wish you good luck.

Want more on this subject?

Don't put all your eggs in one basket with just one book.

You have a contract but no literary agent - what to do.

Confused about formatting? Check out Formatting & Submitting Your Manuscript.

Want the most complete database of agents and what genres they're looking for? Buy the 2011 Guide to Literary Agents today!

Word Count Guidelines for Novels and Children's Books.

Sunday, April 25, 2010 2:05:53 PM (Eastern Daylight Time, UTC-04:00)

Comments [15]

Tuesday, April 20, 2010

10 Questions to Ask an Agent Before You Sign
Posted by Chuck

You have spent considerable time trying to create the best impression on potential literary agents. You have done so well that an agent has contacted you—congratulations! The tables are now turned. It is time for the agent to impress you. Your objective is to hire an agent you can trust with your money, your work, and your future. It's all part of finding your perfect match.

Felice Prager is a freelance writer and multisensory
educational therapist from Scottsdale, Ariz. Hundreds
of her essays have been published locally, nationally,
and internationally in print and on the Internet. She
is the author of Quiz It: Arizona, from Arthur
McAllister Publishers. See her website here.

Authors are often so excited about finding representation that they sign an agreement without knowing if the agent is an ideal match. In addition to agreement-specific issues regarding money and terms, there are other questions you should ask before you sign anything. These are your interview questions to which there are no "correct" answers. The purpose of the questions is to obtain information that will help you decide whether the agent is a good fit for you and your work.

10 Questions:

1. How long have you been an agent? Tell me about your path to becoming an agent.

2. Are you a writer yourself? (Writing experience can give an agent a better perspective. However, if they're immersed in numerous projects of their own, it can possibly mean that the agent isn't totally focused on getting your book published.)

3. How many other clients do you represent? Will this stay approximately the same? (Some agents have short lists and like to keep it that way so they can focus on each client. Others sign many writers in hopes of placing as many books as possible.)

4. Will you be handling my work, or will there be someone else on your staff with whom I will work?

5. Can you tell me about a few recent sales you've made? (Though an agent's track record is important, new agents can make up for lack of experience through enthusiasm, time, and hard work. Also, keep in mind that you can track agents' sales on sites such as Publishers Marketplace, so you may be able to skip this question.)

6. What publishers do you have in mind for my project?

7. How frequently do you update authors? Do you have a preference for our communication? Will you keep me abreast of where and when my work was submitted—and the outcome? (Don't enter into a relationship with someone whose communication style will leave you frustrated. A good way to determine this is to ask the agent to describe the ideal client. Is this you?)

8. How close is my book to being ready for submission? Do you foresee much editing and rewriting before it's submitted? Will you be working with me on this?

9. What co-agents do you work with for foreign rights, film rights and other subrights? Is there someone in-house who specializes in this? Can you tell me about some recent successes selling subrights of a project?

10. Why do you want to represent me? (This will give you a great sense on what they like about you and the project.)

Want more on this subject?

Check out agent Don Maass's popular book, The Fire in Fiction.

20 Tips on Writing a Query Letter

How Money Works: Book Royalties, Advances and Flat Fees.

What are the BEST writers' conferences in the country?

Confused about formatting? Check out Formatting & Submitting Your Manuscript.

Want the most complete database of agents and what genres they're looking for? Buy the 2011 Guide to Literary Agents today!

See a successful nonfiction query here.

Tuesday, April 20, 2010 10:14:00 AM (Eastern Daylight Time, UTC-04:00)

Comments [4]

Friday, March 05, 2010

Demystifying Contracts: What Every Writer Should Know
Posted by Chuck

At the SCBWI 2010 Winter Conference, agent Edward Necarsulmer IV (of McIntosh & Otis) gave a presentation called "The Real Deal about Contracts." At McIntosh & Otis, Necarsulmer handles his clients’ contracts with publishers. Other agencies have contracts departments. Either way, both agents and authors should understand the ins and outs of contracts and the process of negotiating rights with a publisher.

Donna Gambale blogs at the First Novels
Club and is the author of a mini kit,
Magnetic Kama Sutra. She’s currently
revising her young adult novel, Multiple Choice.

WHAT'S A CONTRACT?

At its most simple definition, a contract is a legal document saying what the publisher is going to say or do, and what you, the author, are going to say or do. It should be fair and clear on both ends.

Oftentimes, a publishing house will offer a basic contract to an author, and it’s the agent’s job to negotiate better (and more specific) terms. The agent explains everything to the author and discusses his/her options before continuing negotiations. With each revision, the agent goes through the contract with line-by-line vigilance, making sure the author has what he/she needs and what the publisher promised.

HOW MONEY WORKS

The most obvious part of a contract involves negotiating author advances and royalties. Of course! Check out this post for complete details.

PRIMARY RIGHTS

Primary rights include the original edition of the book and paperback reprint rights, but they may also cover foreign territories/translation rights. The standard grant of rights is for the publisher to print/publish/sell/distribute your book in the English language. Your agent would probably want to retain foreign rights, but that depends on a cost/benefit analysis. Meaning, is it worthwhile to attempt to sell your book to foreign markets?

SUBSIDIARY RIGHTS

Here's a post breaking down subsidiary rights. Necarsulmer believes that it’s preferable for the agency to retain as many subsidiary rights as possible in-house because then the writer only has to give 15-20% of earnings to the agent instead of also splitting 50% with the publisher.

These rights include the following:

     • Audio rights. Generally an agent also tries to retain these, but it depends on the earning potential for the author of the agency shopping the book versus the publisher.
     • Film/TV/dramatic rights. Should be retained in-house. These rights are important because of the possibilities to help boost the sales of your book.
     • Graphic novel rights. These should be negotiated as something entirely separate from your novel.
     • Commercial/merchandising rights. It’s also best for your agent to retain these rights. These include plush toys for picture books, Edward Cullen dolls, etc.
     • Electronic rights. Because this is ever-changing, Necarsulmer includes a clause to renegotiate the terms of electronic rights in one to three years, to keep it labeled as an ongoing discussion. Plus, he ensures that, as much as possible, he and his clients have the opportunity to approve electronic rights decisions before they’re made.

Other elements of a contract Necarsulmer mentioned include the following:

     • Publication timeframe. There’s also frequently a clause that a publisher must publish your book within a certain timeframe. With picture books, this can be slightly different because authors and illustrators have to be coordinated.
     • Author copies. Lists the number of free copies an author receives, plus discounted pricing for additional copies.
     • Warranty and indemnity clause. This covers the author under the publisher’s insurance (for libel, lawsuits, etc). Another clause under this includes bankruptcy—what happens if the publisher goes out of business?
     • The agency clause. This outlines the author’s and publisher’s relationship with the agent. For example, noting that all sums of money due goes through the agency (the author benefits when the agency’s accounting department double checks payments), or listing what percent of earnings goes to the agent. This clause possibly requires payment to the author from the agency within a certain number of days.

Necarsulmer’s presentation emphasized how an agent is a valuable ally who looks out for the author’s best interests during complex contract negotiations. A skilled agent keeps contracts from becoming intimidating so that the author can focus on what’s really important—writing.

Want more on this subject?

Check out Donna Gambale's other guest column, 7 Things I've Learned So Far.

Nonfiction words of wisdom from agent Ted Weinstein.

Confused about formatting? Check out Formatting & Submitting Your Manuscript.

Want the most complete database of agents and what genres they're looking for? Buy the 2011 Guide to Literary Agents today!

Friday, March 05, 2010 10:55:54 AM (Eastern Standard Time, UTC-05:00)

Comments [1]

Thursday, February 18, 2010

Tax Tips for Writers
Posted by Chuck

Working for yourself as a freelance writer can be a nickel-and-dime business, but come tax time, reporting self-employment income means all sorts of things related to your business are eligible for deduction. Consider this: before self-employment deductions, I owed $266; after the deductions, my refund was $238. I consulted H&R Block tax specialist Sharon Burton on how to maximize your savings for 2009 and what to consider in 2010.

Guest column by contributor
Jessica Monday, published freelancer
and aspiring novelist. She lives in Wyoming.
E-mail her at jemonday[at]gmail.com.

HOME OFFICE

Some of the biggest deductions are tied into whether you can claim a home office. The IRS says a home office “is a room or other space in your home” used regularly and exclusively for business. As long as your work area is a separately identifiable space, that portion of the room is deductible even if you don’t use the entire room for your business, Burton said.

The key to this is not so much how much space you use, but rather how you use it. If you consistently write and sell your writing each month, that constitutes "regular use." The trickier part is you must use the area only for business. So if you generally write at the kitchen table (which is not a station used only for business), find a cheap desk at a garage sale, move it into a corner and voilá - you can claim the area as your home office. But remember: No paying bills or letting the kids do their homework in your work space (which is a nice way to create a little solitude for your art too!).

Now you may think, a desk tucked away in a 5,000 square foot house is not going to amount to much—and it’s not. But if you have a large desk in a more modest abode, the savings do add up. For instance, I have a desk, computer and filing cabinets set up in a shared office room with my fiancé. I measured how much of the room they occupied and approximated the total square footage of our apartment. Since my home office equals 5% of my total home, I’m able to claim 5% of the rent (same thing goes for a mortgage), utilities, renter’s (or homeowner’s) insurance and Internet connectivity fees. (If you file your taxes online, the computer will figure the percentage for you given the square footages.)

Tip for 2010: If you're trying to sell your home, deductions on the mortgage for a home office may have tax consequences after the sale. You may still be able to write off a portion of the utilities without a penalty, but be sure to talk with a tax professional before filing your return.

VEHICLE

If you use a personal vehicle for freelance work, a portion of the mileage is deductible. You can choose one of two methods, standard or actual, to report vehicle expenses, but “it’s always better to do standard miles,” Burton advised. “That way you don’t have to keep receipts, you only have to record your mileage.” This year, the IRS gives 55 cents for each business mile you drove, as well as itemized deductions for license plates, registration, interest on a vehicle loan, parking fees and tolls.

Tip for 2010: Keep a small clipboard in your glove box to write down business mileage, as well as the odometer reading on Jan. 1 and Dec. 31.

CELL PHONE

Cell phones and monthly bills are deductible even if their main purpose is for personal calls. Unless you have a separate cell phone used exclusively for your business, Burton advised keeping track of the number of calls rather than adding up minutes. Normally people spend between 10-20% of their minutes on business calls, Burton said.

Tip for 2010: Track your cell phone usage for a month (or one week if you make a lot of calls). Find the average minutes used for business calls and compare the portion to your total monthly minutes. Use your average to figure the percentage use at the end of the year.

HEALTH INSURANCE

If you pay your own health insurance, monthly premiums are deductible. (At least that’s some relief until they figure things out Washington, right?)

BIG, LITTLE THINGS

More costly equipment like a computer, printer and fax are deductible, but don’t forget about office supplies including stamps, pens, printer paper and ink. Small purchases add up after 12 months. Other deductible items include business membership dues, magazine and newspaper subscriptions, conferences fees, hotel rooms and associated meals, and bus and cab fares. Remember, all expenses must be related to your self-employment. If you’re not sure an item qualifies, seek professional advice—and keep all of your receipts. “That’s the big thing, just keep track of everything,” Burton said. “The flow in and flow out.”

Tip for 2010: Start a new file for the year and collect your receipts, tax forms and any other paperwork useful come tax time.

Want more on this subject?

Don't put all your eggs in one basket with just one book.

You have a contract but no literary agent - what to do.

Confused about formatting? Check out Formatting & Submitting Your Manuscript.

Want the most complete database of agents and what genres they're looking for? Buy the 2011 Guide to Literary Agents today!

Is there a difference between literary agents and script managers?

Thursday, February 18, 2010 10:12:43 AM (Eastern Standard Time, UTC-05:00)

Comments [6]

Saturday, November 07, 2009

Sign a Release Form with an Agent or Manager?
Posted by Chuck

Q: I received a letter from an agent saying yes, he wanted to read my whole manuscript. At the same time, he sent me a 2-page mini-contract that focused on my not suing him if he rejects it and down the road, there's a similar book written. Is this normal?

A: It wouldn't say it's typical but it's definitely OK. These are called "release forms" or perhaps "a submission release," and they are very, very common in the screenwriting biz. You can't submit anything anywhere without signing one of these. There are a lot of ideas going around and people are afraid of getting sued. If you're interested in seeing what a release form looks like, you can see one here. It was provided as part of the Willamette Writers' Conference, which draws a lot of script managers/agents and producers.
It’s rare to see these in the literary world but they are not something to be afraid of. As always, look online and do some searching to make sure the agent is reputable and connected. Protect yourself always.

Want more on this subject?

See a profile of script agent Garrett Hicks of Will Entertainment.

Want a great database of script agents/managers, script contests, conferences and theaters? Buy the 2010 Screenwriter's & Playwright's Market today! An interview with Blake Snyder is in the 2010 guide.

Check out an interview with script manager Marc Manus.

Confused about formatting? Check out Formatting & Submitting Your Manuscript.

Want the most complete database of agents and what genres they're looking for? Buy the 2011 Guide to Literary Agents today!

Contracts and Copyrights and Money | Questions Submitted by Readers | Screenwriting and Script Agents

Saturday, November 07, 2009 12:43:21 PM (Eastern Standard Time, UTC-05:00)

Comments [0]

Saturday, October 10, 2009

When You Get an Offer From an Agent - Your 'Moment of Power'
Posted by Chuck

At our recent WD conference, agent Jennie Dunham discussed something very interesting - a rare "moment of power" for a writer in their hunt for an agent.

She was discussing when you receive a offer of representation from an agent. A wise thing thing to do would be to not accept it immediately, but instead ask questions of the agent and then say that it's a big decision and you need a day or two to think it over. (This is good advice no matter what.) At that point, you hold some power, so, if you choose, you can write to a few other agents that you had work out to, and inform them that you have an offer. This allows these other agents to quickly read your work if they so choose, and then possibly offer their representation and make a case as to why you should sign with them vs. Agent No 1.

Pretty interesting stuff. A question that I immediately asked Jennie was "How long do you have?" - meaning how long will Agent No. 1 wait for you to get back to them. She said five days. I don't know if I would push it and wait that long. Three sounds safe. So if you get an offer of representation, you can choose to let other agents know, so they can read your stuff and make a case if they like.

Want more on this subject?

Don't put all your eggs in one basket with just one book.

You have a contract but no literary agent - what to do.

Confused about formatting? Check out Formatting & Submitting Your Manuscript.

Want the most complete database of agents and what genres they're looking for? Buy the 2010 Guide to Literary Agents today!

Saturday, October 10, 2009 2:37:19 PM (Eastern Daylight Time, UTC-04:00)

Comments [7]

Monday, September 21, 2009

Why Do Agents Have 30- or 60-Day Cancel Clauses?
Posted by Chuck

I've always wondered the answer to this question, and it was answered over the weekend by an agent at the Writer's Digest Conference: The Business of Getting Published. What I'm talking about are cancellation clauses in agent contracts - meaning, if you want to end the relationship, they ask for one last stretch of time before the separation is official (usually 30 or 60 days).

So, my question was: Why? Let's say a writer calls up and says "I hate you. Let's end this thing, jerk. Commence Operation: Agent Splitsville." Why wouldn't an agent immediately respond, "YOU'RE the jerk, jerk-face! And, by the way, your comb-over is HORRIBLE," and sever their relationship right there?

Well, here's why: The agent may have work out to publishers! So simple. They don't want to submit your manuscript to editors and then have you cancel right in the middle of a deal. If the work is out to considering editors, agents want to chance to close the deal and get some moolah out of all the work they've invested thus far.

Want more on this subject?

How do royalties and advances work?
Will agents try to scam you with small costs? Find out here.
On this subject, know that advances are getting smaller.
Confused about formatting? Check out Formatting & Submitting Your Manuscript.
Read about What Agents Hate: Chapter 1 Pet Peeves.
Want the most complete database of agents and what genres they're looking for? Buy the 2011 Guide to Literary Agents today!

Monday, September 21, 2009 10:31:42 PM (Eastern Daylight Time, UTC-04:00)

Comments [1]

Wednesday, September 09, 2009

7 Reasons Why Your Work May Be Rejected, by Hallie Ephron
Posted by Chuck

At Killer Nashville, a trio of extremely knowledgeable publishing pros held a panel on the most common reasons why a manuscript is rejected by an agent. Below you'll find part one of this post series.

Keep in mind that the panelists were discussing why a manuscript will be rejected, not a novel synopsis or query letter. They were talking about problems within the writing.

Writer Hallie Ephron

Author of several mystery novels
Book reviewer for the Boston Globe
Author: Writing and Selling Your Mystery Novel (WD Books)
www.hallieephron.com

Hallie's 7 reasons why your
manuscript can be rejected:

1. Profligate use of adverbs. For instance, saying "She looked at me and smiled happily." That's telling, not showing. Instead of using adverbs, use action to show the characters' feelings and emotions.

2. Predictability—using the same plot as others. For example, a cliche mystery plot opening hook is this: A P.I. picks up his office phone and his ex-wife is on the line. She's in trouble, but can’t say why. They agree to meet later at a bar or parking lot, but she never shows because she’s been murdered.
"I want twists. Surprise me in the first chapter and I'll keep reading."

3. Too many killers. A recent manuscript she read revealed six people were actually complicit in the book's murder. It’s convoluted, confusing, and shows that the author had to pull six rabbits out of a hat at the end to wow us. This problem is likely because of earlier problems in Act II—a.k.a "the muddy middle."

4. Point of view that’s out of control. If you’re in a character’s head, stay there until the scene is over.

5. Prologues that don’t work—where writers have a boring opening, so they simply pluck out an exciting scene from the middle, put it at the beginning, and call it the prologue.

6. A plot with no spine. When the scenes seem to jump around—you’re here, you’re there, now you’re there—the book has no backbone. "You have to get me to care about the main plot for me to keep reading."

7. Getting stuck to an outline. "Don’t let your plot trap your characters." If you write an outline and, in the middle of the story, the protagonist is supposed to run into a burning building, that’s fine. But as you begin the flesh out your protagonist and write the book, you may craft a character who wouldn’t realistically run into a burning building—perhaps he’s too smart, or too cowardly or whatever.

Her final tips: "Surprise me. Make me laugh. Make me care about your characters. Don’t let the frustration get you down. We all go through the 'It’s a piece of sh*t' stage."

Hallie Ephron's
Writing and Selling Your Mystery Novel.

Want more on this subject?

Agents tell how to start a story right.

10 Query Letter Tips.

Check out Hallie's book, Writing and Selling the Mystery Novel.

I'm hosting a webinar on "How to Land a Literary Agent," Oct. 8, 2009.

Confused about formatting? Check out Formatting & Submitting Your Manuscript.

Want the most complete database of agents and what genres they're looking for? Buy the 2011 Guide to Literary Agents today!

Contracts and Copyrights and Money | Genre Writing | Guest Columns

Wednesday, September 09, 2009 4:19:18 PM (Eastern Daylight Time, UTC-04:00)

Comments [3]

Tuesday, September 08, 2009

What If an Agency Refers You to an Editor?
Posted by Chuck

Q: An agency wants to represent me but also wants me to pay $90 to have my memoir "polished" by someone they approve. I have read "grab the first agent" but also "do not pay any reading fees".
- Warren

A: Eek. Sounds dicey, Warren - I would get away.
      My first question is: What agency is it? A simple Google search, or a search in my book and its competing books/websites will tell you if it's reputable or not, and if it has good sales. But my guess is: It does not good sales and is not reputable (though I cannot be sure).
      You should never be paying upfront money like this. If a manuscript needs editing, you will most commonly just get a rejection letter. Or the agent may be nice enough to say "Strong story, but this needs editing and more work." However, a big red flag is when an agent mentions money or personally refers you to an editor. Is there a kickback in place? Who know. What happens is: You get your work "polished" by this editor, whatever the hell that really means, and then you still have no guarantees. You lost $90, and your manuscript may or may not be better, but you still have no guarantees. The agent will just say no.

Want more on this subject?

Talking money: How royalties and advances work.

Will agents try to scam you with costs?

What is a book auction?

Got a burning question about publishing? Send it to me at literaryagent@fwmedia.com and I may answer it on this blog.

Confused about formatting? Check out Formatting & Submitting Your Manuscript.

Want the most complete database of agents and what genres they're looking for? Buy the 2011 Guide to Literary Agents today!

Contracts and Copyrights and Money | Questions Submitted by Readers | Scams

Tuesday, September 08, 2009 8:39:47 PM (Eastern Daylight Time, UTC-04:00)

Comments [3]

Monday, August 10, 2009

How Royalties and Advances Work
Posted by Chuck

This is a "Blast From the

Past" post. To celebrate the

GLA Blog's 2nd birthday, I am

re-posting some of the best

"older" content that writers

likely missed.

If you're going to wheel and deal with agents and editors, you'll end up spending more time than you'd like discussing rights, contracts, advances, royalties and a whole lot of other ~~boring~~ important stuff. That said, I want to address a recent question that came in over e-mail regarding how advances and royalties work. In other words, how does the payment process work when you sell a book?

For this example, I'll keep it real simple (for my own sake and well as yours). Let's say you acquire an agent and sell a novel. The publishing house offers you royalties of $3 per book sold.
It's probable that you'll be given money in advance - more specifically: an advance against royalties. What this means is that they give you a lump sum of money before the book comes out as payment that's yours to keep - say, $60,000. However, the money is not in addition to royalties, but rather part of royalties - meaning they've given you royalties for the first 20,000 books (times $3/book) upfront. Since they've already paid you the royalties of the first 20,000 books, you will not starting actually making $3/book until you sell the copy 20,001.

Think of it like this. When you get hired at a new job, you ask for several months pay upfront and the boss agrees. It's not a separate signing bonus you're getting - it's your hard-earned money paid to you early. You get the lump sum quickly, but then you don't get paid again till the regular checks start months later.

Many things to consider:

Royalties per book vary greatly. If you get $3/book, that's pretty darn good. If you write a typical nonfiction book, you may just get $1/book.
Advances against royalties are a pretty sweet deal. You get a lump sum upfront, which you get to keep even if the book fairs poorly. (Repeat: The advance is yours. Period.) But if the book takes off, you will start getting royalties down the road.
Reality check: Be aware that the money amount promised will hit your bank account as a lot less than expected, as Uncle Sam will take a big cut and your agent takes 15%.
You may run into a "flat fee" situation, where a publishing company pays you one sum of money upfront with no talk of royalties. This is legitimate - just make sure it's what you want.
It's common for a house to break up the advance. They may give you $30,000 when you sign the contract and then $30,000 upon completion of an acceptable manuscript. On this note, make sure you turn in an "acceptable manuscript," so that you get to not only receive the second payment, but also keep the first one, and not have a publisher demand it back.
Read your contract thoroughly. It's all spelled out.

Want more on this subject?

Will agents try to scam you with small costs? Find out here.
On this subject, know that advances are getting smaller.

Confused about formatting? Check out Formatting & Submitting Your Manuscript.

Want the most complete database of agents and what genres they're looking for? Buy the 2011 Guide to Literary Agents today!

Monday, August 10, 2009 11:04:41 AM (Eastern Daylight Time, UTC-04:00)

Comments [3]

Sunday, August 02, 2009

Thanks For the Kill Fee! Wait - What's a Kill Fee?
Posted by Chuck

Q. Hello, I am completely new to the publishing world. When a publisher says, "30% kill fee" or "no kill fee", what does that mean? What is a kill fee?
- Patrice

A. Kill Fee is a term I usually hear in my magazine freelancing endeavors. It's a small lump sum of money you get if the deal somehow falls through on their end and they can't use your work. Let's say you get an assignment from Space Magazine for $600. You turn in the piece and it's A-OK. But, for some reason, they can't use it. Maybe they switch from 12 issues to 6 because of budget cuts. They have no room for your piece. What they'll do is offer you a Kill Fee. They pay you a fraction of the agreed price (usually 25%) and give you the piece back. So, essentially, someone from Space Magazine writes and says "Sorry we can no longer use your piece. Here is $150, and you can have all rights back to your piece. Best of luck selling it elsewhere."

Want more on this subject?

Confused about formatting? Check out Formatting & Submitting Your Manuscript.

Want the most complete database of agents and what genres they're looking for? Buy the 2011 Guide to Literary Agents today!

Contracts and Copyrights and Money | Magazine Writing | Questions Submitted by Readers

Sunday, August 02, 2009 11:14:27 PM (Eastern Daylight Time, UTC-04:00)

Comments [1]

Wednesday, July 22, 2009

Leah's '12 Points of Contracts'
Posted by Chuck

Look for an upcoming interview on this blog with Dorchester books editor Leah Hultenschmidt. Typically, I interview agents only, yes, but I met Leah at a conference in Italy last year and you can just tell immediately that this editor knows her stuff inside and out. Very smart lady, and I wanted to get her knowledge on the blog to help writers.

In the meantime, before the interview goes up here, I suggest you check her simple yet informative post on contracts. Leah says that when she calls an author directly (no agent) to offer a book deal, she will always go over 12 important points in the contract. See the list of 12 below, but I suggest you read the entire post on her Romantic Reads blog to get the full experience.

        1. How many books
        2. The advance
        3. Royalty rate
        4. Sales territories
        5. Translation rights
        6. Audio rights
        7. Electronic rights
        8. Reprint rights
        9. Movie/TV/radio/merchandising
        10. 1st serial/2nd serial/digest
        11. Option and first refusal clause
        12. Due dates...

Contracts and Copyrights and Money | Romance

Wednesday, July 22, 2009 12:45:39 PM (Eastern Daylight Time, UTC-04:00)

Comments [0]

Thursday, June 18, 2009

Don't Put All Your Eggs in One Basket By Writing Only One Book
Posted by Chuck

At a recent writers' conference in New York, I was asked by someone in the audience to give my best pieces of advice. Thinking fast, I ended up throwing out four tips. One of those tips was "Don't put all your eggs in one basket."

In my mind, if you have written only one novel or memoir, you are setting yourself up for disappointment.

At any given time, I have from 3-8 different projects going on. That includes articles due, articles turned in, book proposals to my agent, book proposals in progress, or new plays I'm trying to get produced. Something is always cooking. Besides having multiple rounds of "good news" with so many projects, it also allows me to never have writing downtime. It's not like I send out 10 queries and say, "Well ... nothing to do now but wait for agents to respond, I guess." Nope - none of that. Something is always cooking, and I enjoy the variety.

In addition, as an agent said to me recently, a lot of first novels really aren't that good. This is a hard fact of life. If you spend 6 months or a year on a book and it turns out bad, it's not the time to quit. Start the next one. Writing gets easier - and you get better at it.

Diversify! Nothing bad can come from it. If you start writing articles, for example, that means more bylines (awesome), more credibility and platform (double awesome) and more money for writing the pieces (triple awesome).

On a side note, I apologize that it took me several days to finish this darn post. I was sick and then traveled to Georgia for a writers' conference. (I'm at St. Simon's Island now. Of course, if you were my Facebook friend, you already knew that!) In the interim between the start and finish of this post, I see agent Scott Eagan posted with his own take on the subject.

Thursday, June 18, 2009 2:02:34 PM (Eastern Daylight Time, UTC-04:00)

Comments [4]

Tuesday, May 19, 2009

Will Agents Try to Scam You With Small Costs?
Posted by Chuck

Q. Any red flags to look for regarding cost reimbursements (mailings, etc.) in case they try to make money that way?

A: As a refresher for everyone, you never want to pay agents money upfront to represent you. The only money you should every pay an agent are small amounts so that they can reimburse costs for mailing and postage. Keep in mind that they are simply recouping costs, not making any money off you. Concerning how much money you will pay for mailing costs, etc., when you sign a contract with an agent, this should all be spelled out. For example: “The agent has the ability to collect up to $50 per month in mailing and postage costs as part of reimbursement. Itemized receipts available upon request.”
To answer your question about red flags, not really. It seems silly to try and scam writers out of a few dollars here and there to actually turn out a livable profit. If any agents out there are scamming writers, they are plenty of people complaining about them on the Internet - trying to warn you. Much more common would be bigger requests. A scammer agent may ask you to pay $800 upfront for editing and submission costs, but promises nothing in return.

Nickel and dimed. I'm sure you got it...

Tuesday, May 19, 2009 9:00:26 AM (Eastern Daylight Time, UTC-04:00)

Comments [1]

Tuesday, April 21, 2009

You Have a Contract But No Literary Agent
Posted by Chuck

Q. My friend (I write that and I feel like I’m trying to hide from a therapist or something!) had her first novel published by a smaller publishing house earlier this year. Now they would like to offer her a contract for five more books in the series. She negotiated the first sale without an agent, but she’s wary about signing this new contract without someone more experienced looking it over for her first. She’d like to have an agent work with her on it, but since this isn’t a typical querying situation, she’s unsure how to approach one. Any advice you could give so I might pass it along to her would be greatly appreciated.
        - N.L.

A. Your friend may have realized this already, but ~~you're~~ she's in a wonderful situation.
       Just write to agents and, in the body of the e-mail, quickly explain your situation. Explain that you have published a small book, have an offer for five more, are seeking representation to shepherd you through the deal, and you are contacting her for specific reasons. Then attach a short document explaining even more. What was the first book? Has the second publishing contract come through yet?
       The whole thing is kind of an unorthodox situation, but an agent is unlikely to complain because the money is on the table, and their job is much easier now. That said, just explain everything you can, be brief, try not to just include all kinds of links to things, and be ready to answer her questions. Her questions may include "Why me?" "After this six-book series, what do you see for yourself in the future?"
       If an agent reps you in the deal, you will lose 15% in her commission, but ideally you will make that up when she negotiates a better deal.

Update: Follow-up question

Q. Janet Reid talked about this on her blog earlier this week, too. [To summarize, Janet said that if the deal was too small money-wise, then agents still wouldn't take it on even with a contract in hand.] I was wondering if you might be able to recommend some agents who are looking for Urban Fantasy and might be interested in a smaller deal or perhaps could point me in the direction of some other resource I could send her to for help on this.

A. I can't recommend individual agents like that. You have two options. 1) Just keep going after urban fantasy agents and see what happens. Or 2) look for agents who take on urban fantasy and then look for the newest of the new. Seek out new agents at respectable agencies who are looking for their first sale and will take little money to get the credit. I suspect they would love to say that they just landed a five-book deal.

Tuesday, April 21, 2009 9:38:38 AM (Eastern Daylight Time, UTC-04:00)

Comments [1]

Monday, April 06, 2009

Around the WD Properties: 4-6-2009
Posted by Chuck

Here are some cool things
going on aond Writer's Digest:

Webinar: How to Deciper and Negotiate Your Contract

This is a very practical webinar for anyone out there flying solo without an agent. Set for Thursday, April 23, it will focus on common contract red flags, the differences between a traditional publishing contract avs. a self-published one, common clauses to watch out for, what's negotiable vs. what is not, and more. Learn more clicking here.

Monday, April 06, 2009 12:16:01 PM (Eastern Daylight Time, UTC-04:00)

Comments [4]

Saturday, March 21, 2009

My Thoughts on Seth Godin's Piece Regarding Literary Agents
Posted by Chuck

Seth Godin, best-selling author and all-around successful business guru, recently posted a column called "Where Have All the Agents Gone?" In it, basically, he talks about how "middlemen" such as stock brokers, real estate agents and travel agents are either dying or dead. Then he wonders if literary agents are next.

The point he's trying to make is that literary agents act as "middlemen," too, and therefore, may be endangered and out of the picture in the future. But the column doesn't really give any good thoughts or observations as to why this will be. And I wanted to throw some thoughts in on this discussion because I disagree with his basic idea, and my adrenaline is still going too much from watching college basketball to fall asleep.

First of all, unless I'm really missing something here, the number of literary agents in the country is going up (whereas the number of travel agents is going down). Not in drastic, eye-popping numbers, but more literary agents are in the field than three years ago. Why is this? You already know the answer - it's because editors are too busy to act as gatekeepers and need someone to ween out all the poor work that's submitted.

Key point: Someone in the literary world has to act as a judge and gatekeeper (although people hate those words). Some group of professionals - agents - must take responsibility and look at the monstrous pile of manuscripts written each year and say, "This three percent has the potential to move on and be considered, but this ninety-seven does not because it's bad or been done before." Someone must review all 100% and create a big pile and a small pile. Who's gonna do it? Writers? Can they look at their own work and say, "This is unsatisfactory. It won't be published. I shouldn't submit it." Hell no. Never in a million years. Editors? They used to do a lot of this and still do a little. But they're too busy to sift through the slush and find the rare gems. They're busy being fired and those that aren't are churning out books like mad, hoping to God they sell. Someone has to do it, and that's why we have literary agents.

They aren't going anywhere. As the years go by, more and more people are trying to sell their work, and more and more editors are not looking at unsolicited submissions - meaning they will only consider work submitted from literary agents (usually with whom they have a current relationship). Add those two simple things up, and you see not only the need for literary agents, but a reason why new ones keep popping up.

Consider this paragraph from Godin's column:

"To thrive in a world of self-service,
agents have to hyperspecialize, have
to stand for something, have to have
the guts to say no far more than they
say yes. No, you can't publish this book.
No I won't represent you. No, don't take
that flight. No, I won't sell this house,
it's overpriced, list it yourself."

Am I missing something here? This is exactly what literary agents do. They say no 97% of the time. They all specialize. (Yes, they could probably stand to specialize even further, but it will all be OK). Literary agents differ from real estate agents and stock brokers and travel agents because of their ability (the necessity) to say just that: NO. They have the power of no, and that's why it's foolish to compare all these groups to lit reps. Literary agents won't work with just anybody. In fact, it's closer to the opposite.

They are like real estate agents in that they will help you secure a better deal, act as your representative, and explain the fine print regarding contracts. Both perform these functions. And yes, in a perfect world, you could go around an agent and sell something yourself to avoid the commission charge (a literary agent takes 15% of what you make). But in the publishing world, unless you're aiming low, you have to have an agent, or else no one will even listen to you. Agents act as needed middlemen. They see a busy, coffee-guzzling editor on one side of the table, and a reclusive prima donna writer on the other end. Someone needs to be part of the equation who listens to both sides and tries to figure out an acceptable deal.

To continue on the subject of money, let's examine why middlemen are disappearing. Real estate agents take their cut of the deal - six percent or whatever. Some relatives of mine are trying to sell their house and they aren't excited at all about that big chunk they'll lose with an agent. They want to keep the cash. On the other hand, have you ever met an writer who is really upset at the 15% they will lose by having an agent? The publisher doesn't care whether an agent is involved. They pay the same amount no matter if you have no agent or six of them. Sure, we writers would like 15% more, but ultimately a lot of us are so excited to see our work in print that we just shrug and thank God the number is just 15 and not more.

Consider this paragraph by Godin:

"... anonymous agents are interchangeable
and virtually worthless. Agents that don't
do anything but help one side find the other
side in a human approximation of Google
aren't so helpful any more."

Well, yes, but that doesn't mean anything. We all know that an agent without relationships with editors is worthless. If they don't have editors who pick up the phone when they call, then they're no better than you or I as joe schmo writers. To avoid getting a bad/ineffective agent, simply take two steps: 1) protect yourself by not paying any upfront fees; 2) ask a lot of questions before signing any contracts - such as questions regarding the contract language itself, and whether the agent has sold any books recently, and to whom, and why they want to sign you as a client. If the agent has sales, then they have relationships and are not anonymous and worthless.

Now: Does Godin have a point? Will agents disappear down the road? First of all - who knows. But if I had to guess, I would say it has to do with self-publishing. In the next 10-20 years, we will see drastic shifts toward self-publishing your work - especially if bookstores go the way of the dodo. If more writers are self-publishing their poor manuscripts rather than submitting them all over Hell's half acres, then the slush pile goes down, and the need for a gatekeeper is lessened, and perhaps editors can handle the workload again. Then he may have a point down the road.

My final thought: No, I don't think agents are going anywhere and I don't get Godin's column, though, admittedly, the man is a genius and I am not.

Contracts and Copyrights and Money | Marketing and Sales | Self-Publishing and Agents

Saturday, March 21, 2009 12:42:39 AM (Eastern Standard Time, UTC-05:00)

Comments [8]

Saturday, March 07, 2009

The End of the Advance?
Posted by Chuck

Strangely enough, I had not one but two important conversations about book advances yesterday. First, I was talking with my agent, Sorche Fairbank, who relayed some good news: The first book proposal we worked on recently attracted a good publisher and that publisher had offered us a book deal. (A book deal!) But then came the not-so-good part. The advance was a lot smaller than we first hoped.
In exchange for the low advance, we're trying to get some other concessions that will make the deal work. (I will keep you posted.)

Now - later that afternoon, I had the pleasure of sitting down with agent Sharlene Martin, who was in the building here talking with some people. She brough up advances again - saying that they're slowly going away or getting smaller. This is happening for two reasons, she said.
First, 90 percent of books don't earn out their advances; and second, we're in a recession and places are looking for ways to cut costs.

All this said, there are two strategies to lowering book advances. There is the strategy that you just pay authors less and keep your publishing house afloat. And then there is the strategy that you pass less on the front end in exchange for a much better deal on the back end. For example, instead of earning a standard $1 royalty per book, maybe you earn $4.25? The publisher pays no money upfront, and the publisher and author are tied to the book's success together in an integral way.

Hmmm ... I wonder how this all will play out. Thoughts?

Saturday, March 07, 2009 2:21:43 PM (Eastern Standard Time, UTC-05:00)

Comments [10]

Wednesday, January 07, 2009

Can You Continue Writing Someone Else's Series?
Posted by Chuck

Q. I just want to know if it is legal to continue a series of books that the author has pretty much said the he/she is planning on writing anymore books to the series. What I want to know is: Is it possible for me to start my own series off of a series that has already been published?
    - Jared

A. Basically, no.
       You don't own the characters so you can't do anything with them. What you're talking about may be "fan fiction," but this is unclear. Unless you're trying to sell a Star Trek or Star Wars novel where various people write books in that universe, then this is not a route to go. You can't sell such work, and no one will look at it. The only place this is appropriate is writing a sample episode for a TV show in hopes of being a staff writer on that show or a similar program; but in those instances, the show is alive and well, not dying or dead as you described.
       Your best hope is to sell an original book that is successful, and then, when you have the ears of important publishers, you can bring up possibly continuing a dead series. At that point, it's a super small chance, but at least that's better than no chance.

Who HASN'T wanted to sit
down and starting writing the
next Tron movie? Alas, if
only it were that easy...

Contracts and Copyrights and Money | Q&A from Blog Readers

Wednesday, January 07, 2009 1:29:00 PM (Eastern Standard Time, UTC-05:00)

Comments [2]

Monday, November 24, 2008

How Royalties and Advances Work
Posted by Chuck

Q. I buy Children's Writer's & Illustrator's Market every year. I wonder if you can tell me: When the publisher says they "pay advance against royalties," does that mean they don't pay royalties, just one lump sum?
- Dawn

To answer this, Dawn, I will
repost a small column I wrote
about how payments work from
a year ago:

Think of it like this. When you get hired at a new job, you ask for six months pay upfront and the boss agrees. It's not a separate signing bonus you're getting - it's your hard-earned money paid to you early. You get the lump sum quickly, but then you don't get paid again till the regular checks start coming six months later.

Many things to consider:

Royalties per book vary greatly. If you get $3/book, that's pretty darn good. If you write a typical nonfiction book, you may just get $1/book.
If you write with a co-author, you will split the money. Royalties of $1/book just became $0.50/book. Also know that if you're working with an illustrator, you split the money with her.
Advances against royalties are a pretty sweet deal. You get a lump sum upfront, which you get to keep even if the book fairs poorly. (Repeat: The advance is yours. Period.) But if the book takes off, you will start getting royalties down the road.
Reality check: Be aware that the money amount promised will hit your bank account as a lot less than expected, as Uncle Sam will take a big cut and your agent takes 15% before it gets taxed.
You may run into a "flat fee" situation, where a publishing company pays you one sum of money upfront with no talk of royalties. This is legitimate - just make sure it's what you want.
It's common for a house to break up the advance. They may give you $30,000 when you sign the contract and then $30,000 upon completion of an acceptable manuscript. On this note, make sure you turn in an "acceptable manuscript," so that you get to not only receive the second payment, but also keep the first one, and not have a publisher demand it back.
Read your contract thoroughly. It's all spelled out.

Monday, November 24, 2008 10:26:06 AM (Eastern Standard Time, UTC-05:00)

Comments [2]

Monday, November 10, 2008

Is It Safe To E-Mail Material?
Posted by Chuck

This is a response to a recent post
(below) about copyright and
protecting your work.

Q: I am puzzled. You state in your coverage of copyright that a writer should not put text of a manuscript online as it could lead to the lifting (paraphrasing here) of the material by another writer. These days, so many publishers and agents ask that writers do just that: send the first five pages or more in the body of an e-mail. This certainly can lead to this very thing, although I am not the suspicious type. It does happen, doesn't it? Then why are writers asked to put their ideas in jeopardy of this is the case?
      - Sylvia

A: You sound suspicious for not being the suspicious type.
      Regarding my advice to not put portions of your work online, I'm not talking about e-mail. I'm talking about placing chunks of text (chapters, usually) online on your Web site. Sending your work in an e-mail, or as an attachment, to an agent or editor is quite safe. Like I said before, agents and editors don't steal work; writers steal work.
      Putting part of a novel or short story online for no one in particular to see is usually a mistake, because very little good can come from it.

Contracts and Copyrights and Money | Q&A from Blog Readers

Monday, November 10, 2008 11:14:58 PM (Eastern Standard Time, UTC-05:00)

Comments [5]

Friday, October 31, 2008

Let's Talk Copyright
Posted by Chuck

A few people were talking copyright today, so I figured I would blog about the subject, as it's something that writers are very interested in. (Not surpringly, no one wants to get their work stolen.) Here are some common copyright Q&As.

Q. If you mail yourself a copy of your manuscript and then never open the package, is that the equivalent of an official copyright?

A. No. What you're talking about is called "poor man's copyright." I don't know who first perpetuated this myth, but it is indeed a myth.

Q. Are there different kinds of copyright?

A. Two kinds, basically. To put this simply, there is the "guaranteed copyright" you get whenever you write anything down, and there is the official copyright (think of it as a "super copyright") you get when you register with the national office in DC. The difference between the two is that having a "super copyright" (which will cost you approx. $45/work) will allow you to sue for more money and damages should you ever have to sue.

Q. Should I include the copyright symbol on my work?

A. If you're submitting to agents and editors, no. They know that the material is owned by you, so including the mark is the sign of an amateur. However, if you are giving your work to fellow writers or putting it online, yes yes yes.
Agents and editors don't steal work; writers steal work.

Q. In general, what can I do to protect myself?

A. Don't put your work online unless there is a good reason to do so. If you post a short story online so people can get a taste of your skill and voice, you are letting your idea out there. People cannot cut and paste paragraphs of your work, that's for sure, but they can take your concept or idea and give their own spin on it.

What Should You Write in the "Bio Paragraph" of a Query Letter.

Friday, October 31, 2008 3:23:56 PM (Eastern Standard Time, UTC-05:00)

Comments [6]

Tuesday, May 06, 2008

Agent Advice: Paul S. Levine of Paul S. Levine Literary
Posted by Chuck

"Agent Advice" is a series of quick interviews with literary and script agents who talk with Guide to Literary Agents about their thoughts on writing, publishing, and just about anything else.

This installment features Paul S. Levine of the Paul S. Levine Literary Agency. Paul has 27 years experience as a lawyer and has helmed his agency since 1996.

Paul S. Levine

GLA: What’s the most recent thing you’ve sold?

PL: I just sold a fantasy book—it’s the first fantasy book I’ve ever sold. It’s by an author named Steve Savile, who is a British author living in Stockholm, Sweden, and I sold it to a brand new start-up publisher called Variance Publishing.

GLA: If you don’t usually rep fantasy novels, how did this one fall in your lap?

PL: Steve was referred by another client. It just goes to show you once again that the best way to get an agent is through a referral.

GLA: When you go through the slush pile, what are you looking for but not getting?

PL: A professionally written query with something I can sell. In nonfiction, I’m looking for self-help and how-to books with authors who have a so-called "platform"—people who are experts in their field, who can get out and promote and publicize and sell their book. For fiction, I’m looking for commercial, salable mysteries, thrillers and chick lit, among other things.

GLA: You once told me that you’d like an emotional connection to a book, but more so, you are looking for projects and novels you can sell. How long does it take you to size up a book proposal and judge whether you’re interested?

PL: Two minutes. After I look at the overview, I flip to the most important sections: the “Marketing” section and the “About the Author” section. I can size up a query letter in three seconds.

GLA: 75% of your clients are new and unpublished. That’s high for an experienced agent. Are you plucking people from the crowd and getting them to write good books?

PL: I represent new and upcoming authors who I hope will become the next Stephen King. We’re all looking for that author who will break out of the pack and become a bestseller. I like to take on beginning writers who have potential. Obviously, my agency is not an ICM (International Creative Management), so I can’t attract writers who have 10 or 15 books published.

GLA: You bridge gaps between a lot of areas in the literary world. You rep fiction, nonfiction and some movie rights. You’re also a lawyer. How does having your toe in all of these pools help you excel at what you do?

PL: I started off as a lawyer representing a large book publisher here on the west coast, so I know the kinds of tricks that publishers try to play when they issue their contracts. When a client signs with me, they get a 2 for 1. In addition to selling their work, I will also look over their contracts.

GLA: Do you also represent TV writers and screenwriters?

PL: No. I don’t represent screenplays. I only deal with the movie and TV rights for literary projects I’ve sold. I have rarely, if ever, been able to sell a project to a Hollywood producer or studio without a publishing contract first.

GLA: Talk to us about the process of “vetting” a manuscript. How does that work and when does a manuscript need someone like you to vet it?

PL: Vetting is when you look for libelous content – something that is a false statement of act that tends to lower one’s reputation in the eyes of the relevant community. That’s the legal definition. I look for anything that would remotely defame or libel a third party.
        When I vet a true crime book or some other supposedly true story, such as a memoir, I’m looking for backup for anything that the author says that may be libelous or slanderous. There has to be some independent corroboration of what’s being alleged. For example, if a memoir accuses somebody of committing a murder, but person was never convicted of murder, then that’s a problem. A complete defense to libel is truth.

GLA: Speaking of memoirs, what is the current market for selling them?

PL: After James Frey, memoirs are really, really tough to sell. Publishers are shying away from anything even remotely controversial. Unless you’re Lindsay Lohan or somebody like that, I’m not taking on your memoir.

GLA: What are some basic tips and info on copyright you think all writers should know?

PL: Register your work for copyright the moment you’re starting to circulate your work to potential agents and publishing houses. Register each substantial revision to the work. If you make minor changes, those don’t warrant a new copyright, but if you make some major revisions, then you should register the revised work. Spend the $45 and download the form “TX” from the copyright office web page. Register your work as soon as it’s finished, so that’s it’s registered prior to the date it’s ripped off. An ounce of prevention is worth a pound of cure.
        In the nonfiction area, registering the book proposal with the copyright office is basically useless. What a copyright protects is not the ideas, but the words themselves – the expression of the idea. A copyright for a proposal is not appropriate.
        By the way, the most fun an author will ever have is to fly to Washington, D.C., go to the Library of Congress and check his or her book out, because the Library of Congress is just that – a library.

GLA: You have an online submission form – is that the best way to query?

PL: That’s a good way, sure. But I also take e-mail and snail mail queries. I’m also open to carrier pigeons and strip-o-grams, but no writer has yet to query me like that.

GLA: Will you be at any upcoming conferences where writers can meet and pitch you?

PL: I’ll be at the Writer’s Digest Books Writers’ Conference in Los Angeles (May 28, 2008), the Santa Barbara Writers’ Conference (June 21-26, 2008), the Great American Pitchfest (June 20-22, 2008), and the Cuesta College Writers Conference.
        This summer, I’ll also be teaching classes as part of the UCLA extension and writers program. Starting June 7, I’ll be teaching “Fiction and Nonfiction Writers’ Essential Guide to the Legal and Business Aspects of Getting Published.” On Aug. 9, I’ll start “Filmwriters and TV Writers’ Essential Guide to the Legal and Business Aspects of Getting Published.”

GLA: Best advice on something we haven’t discussed?

PL: Keep plugging away.

Want more on this subject?

How to Write a Query Letter.

Why Your Manuscript Can Get Rejected, by Hallie Ephron.

10 Hidden Gifts of Rejection Letters.

Google Alerts and Agents.

Confused about formatting? Check out Formatting & Submitting Your Manuscript.

Want the most complete database of agents and what genres they're looking for? Buy the 2011 Guide to Literary Agents today!

Agent Advice (Agent Interviews) | Contracts and Copyrights and Money | Memoir

Tuesday, May 06, 2008 2:55:02 PM (Eastern Daylight Time, UTC-04:00)

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Monday, March 17, 2008

Words of Wisdom: Getting Permission For Copyrighted Material
Posted by Chuck

Q. Do I have to get the rights to use trademarked or copyrighted material in my manuscript, or will my agent do it for me?

A. Copyright is such a complicated area of law with so many grey areas that a scholar could scour dozens of volumes of literature on the subject and still not have an answer to this seemingly simple question. Some important concepts to keep in mind are: One owns the copyright to what one writers, whether the copyright is registered or not; anyone can sue anyone; and ideas are not copyrightable.
When you use other people's copyrighted works in your work, it is important to obtain a formal written and signed permission form from each person whom you quote. Authors are responsible for determining whether permissions are necessary and they must procure them - not agents. Publishers will often assist in this endeavor by providing the permission forms and guidelines, but most publisher-author contracts will put the entire onus on the author to find out whether permissions are necessary to obtain for extracts and quotes, and to procure them. Even when publishers do help, the contracts will usually require the authors to indemnify the publisher against all claims (even frivilous claims), suits and judgments related to this aspect of the publishing agreement. Persistent agents are sometimes successful at getting some publishers to take responsibility for frivolous claims, but it's rare that they'll take the responsibility for obtaining permissions. When in doubt about questions of copyright, it's always advisable to consult an attorney."

- Sheree Bykofsky, literary agent and author of The Complete Idiot's Guide To Getting Published. Reprinted from the 2007 edition of Guide to Literary Agents.

Also on the topic of copyright law
and vetting memoirs, stay tuned to
the blog for an upcoming interview
with attorney and literary agent Paul Levine.

Monday, March 17, 2008 1:46:36 PM (Eastern Standard Time, UTC-05:00)

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Thursday, March 06, 2008

Words of Wisdom: How Agents Judge Offers
Posted by Chuck

Q. Do agents usually hold out for a good deal on a book or do they take the first acceptable offer that comes along?

A. Well, an offer in your pocket is always better than none. Certainly, if an agent feels she can demand more for a book, she should hold out; however, usually the editor who makes the first offer is the most enthusiastic and thoroughly understands the book, and may turn out to be the best editor and in-house advocate for the book. The most money is not necessarily the best deal for the author. That enthusiasm, commitment and support from all divisions within a publishing house often means more than those dollars in your bank account.
- Laura Langlie, founder of her own agency in Brooklyn; printed from the 2008 edition of GLA.

Word Count Guidelines for Novels and Children's Books.

Thursday, March 06, 2008 12:41:19 PM (Eastern Standard Time, UTC-05:00)

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Monday, January 07, 2008

The Elusive Auction
Posted by Chuck

Q: Under what circumstances are manuscripts (or series) auctioned? I have seen this mentioned in several book deals and am just curious about it.
- Tara

To help define both an auction and
a pre-empt, I'll just pull a paragraph
from the 2008 GLA:

A: "Your book may be bought in a pre-empt. That's when a publishing house tries to beat other potential buyers to your work and offers a solid price in the hopes of securing your book early and avoiding a bidding war. An actual bidding war - or auction - happens when a work is so stunningly marvelous that every house in town wants it bad enough to compete against each other, offering different perks such as a large advance and guaranteed ad dollars. Traditionally, the best deal (read: most money and enthusiasm) wins and signs the reader. After the auction was finished for Elizabeth Kostova's The Historian, her advance was a cool $2 million. (Note: First-time novelists will likely get an advance of $50,000 to $75,000, but hey, anything can happen!)"

Contracts and Copyrights and Money | Definitions | Q&A from Blog Readers

Monday, January 07, 2008 9:19:55 AM (Eastern Standard Time, UTC-05:00)

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Tuesday, October 09, 2007

Agent Advice: Sha-Shana Crichton of Crichton & Associates, Inc.
Posted by Chuck

"Agent Advice" is a series of quick interviews with literary and script agents who talk with Guide to Literary Agents about their thoughts on writing, publishing, and just about anything else.

This installment features literary agent Sha-Shana Crichton of Crichton & Associates, a Maryland-based agency. Sha-Shana is well versed in legal issues such as copyright law and intellectual property.

She is seeking: writers of fiction and nonfiction works, including materials with African, African-American, Caribbean and Latin American themes. Crichton & Associates, Inc. is currently seeking nonfiction by expert authors, contemporary fiction, commercial fiction, chick-lit, and romance novels (contemporary, inspirational, African-American and multicultural).

GLA: What's a recent thing you've sold?

SSC: A recent nonfiction sales is Professor W. Sherman Rogers’ Black Economic Inequality In America: The Role of Entrepreneurship. Recent fiction sales include Candace Haven's paranormal chick-lit books, and romance novels by Pamela Yaye.

GLA: You said recently that you're actively seeking women's fiction. What are things you look for in a women's fiction story/manuscript?

SSC: I look for a great voice with an equally great hook, and stories that not only grab my attention but keep me wanting to finish reading them. I love well-researched stories that evoke the emotions; stories that make you laugh, cry, and otherwise take you into the world of the characters. I am a huge fan of Jodi Picoult.

GLA: What needs to be there for you to keep reading?

SSC: I love character-driven stories. For me to keep on reading, the characters have to be well developed, believable and multidimensional. It is important to me that the author does his or her research and writes accurate stories. I tend not to finish reading stories with inaccuracies because I think the author does not care about me, the reader.

GLA: Let's say that a writer makes a book deal directly with a publisher, but wants to have someone look over the contract before signing. Is it better to hire a lawyer to review the contract, or contact an agent and bring up the possibility of signing with them pre-deal?

SSC: It depends on the needs and the goals of the author. Generally, in addition to negotiating the deal, a literary agent provides career guidance, markets and monitors the author’s subsidiary rights, and monitors the publisher’s actions to ensure that, among other things, the author is paid on time, the royalty statements are correct, and the publisher otherwise complies with the contract.

GLA: You're very knowledgeable in topics such as copyright law and intellectual property. What one tip can you pass along concerning how writers can protect their work?

SSC: Be very careful how you share your story with various "critique partners." It is always best to know and develop a relationship of trust with your critique partners before sharing your work with them.

GLA: What's the number one problem you see in unsolicited novel queries?

SSC: Queries that tell me how great the author is but do not tell me what the story is.

GLA: Let's say you meet a writer at a conference, hear their pitch, then request to see sample pages. The writer then goes home, takes another look at his work, and decides it's not edited well enough to submit. Six months later, the writer has another project - a second different project. Can he send you pages from that manuscript or should he query you again?

SSC: I would prefer that he or she sends me another query. The writer should note that we met before.

Want more on this subject?

See all agent interviews here.

Check out agent Don Maass's popular book, The Fire in Fiction.

20 Tips on Writing a Query Letter

How Money Works: Book Royalties, Advances and Flat Fees.

What are the BEST writers' conferences in the country?

Confused about formatting? Check out Formatting & Submitting Your Manuscript.

Want the most complete database of agents and what genres they're looking for? Buy the 2011 Guide to Literary Agents today!

Agent Advice (Agent Interviews) | Contracts and Copyrights and Money

Tuesday, October 09, 2007 10:54:28 AM (Eastern Daylight Time, UTC-04:00)

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Friday, September 21, 2007

How Royalties and Advances Work
Posted by Chuck

Many things to consider:

Royalties per book vary greatly. If you get $3/book, that's pretty darn good. If you write a typical nonfiction book, you may just get $1/book.
Advances against royalties are a pretty sweet deal. You get a lump sum upfront, which you get to keep even if the book fairs poorly. (Repeat: The advance is yours. Period.) But if the book takes off, you will start getting royalties down the road.
Reality check: Be aware that the money amount promised will hit your bank account as a lot less than expected, as Uncle Sam will take a big cut and your agent takes 15%.
You may run into a "flat fee" situation, where a publishing company pays you one sum of money upfront with no talk of royalties. This is legitimate - just make sure it's what you want.
It's common for a house to break up the advance. They may give you $30,000 when you sign the contract and then $30,000 upon completion of an acceptable manuscript. On this note, make sure you turn in an "acceptable manuscript," so that you get to not only receive the second payment, but also keep the first one, and not have a publisher demand it back.
Read your contract thoroughly. It's all spelled out.

Anatomy of an Agency Agreement: Part 1
Anatomy of an Agency Agreement: Part 2
Anatomy of an Agency Agreement: Part 3
Anatomy of an Agency Agreement: Part 4

Friday, September 21, 2007 3:25:38 PM (Eastern Daylight Time, UTC-04:00)

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Monday, August 13, 2007

Good PubRants Posts
Posted by Chuck

Kristin Nelson, literary agent with the Nelson Literary Agency, has posted plenty of good material on her blog in recent weeks. Of note are her posts where she demystifies the agent-writer contract.

She broke the long (and confusing) topic down nicely in a four-post series:

Her blog was recently awarded a "Truly Useful Site Award" by Preditors and Editors. Check it out!

Kristin Nelson

Monday, August 13, 2007 3:55:40 PM (Eastern Daylight Time, UTC-04:00)

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Thursday, July 05, 2007

Keep it Secret. Keep It Safe
Posted by Chuck

In a recent conversation with a writer, we were discussing the Internet, and the writer mentioned how he was posting some of his unpublished book manuscript online for people to read. This was not the first time I'd talked to a writer who had this idea.

Though something like this may seem like a good plan—especially if you're actively looking for advice and/or feedback—posting material from an unpublished book on the Internet is a big no-no if you still want to sell the book.

First of all, as detailed in a previous post on copyrights, you're inviting other writers to steal your idea. Secondly, posting material online makes it less valuable to publishers, and therefore, less attractive to agents. Material that's available online for free is less probable to sell, hence agents' hesitancy taking on such projects.

Perhaps your goal is to put good material online in the hopes that someone such as an agent or editor will come across the site and contact you. Unfortunately, the odds of this are very, very low. If you really are looking to get your work noticed by agents without going through the traditional submission process, my best advice is to get short stories published in prominent journals, or get your nonfiction articles published in prominent magazines. Agents read those publications, and they sometimes contact writers out of the blue and say something along the lines of, "I enjoyed your article in Prominent Magazine. Do you have representation? Have you ever considered writing a book-length manuscript?"

And that's when you say, "Well ... funny you mention it, because..."

Thursday, July 05, 2007 10:52:22 AM (Eastern Daylight Time, UTC-04:00)

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Monday, June 18, 2007

Copyright Tips
Posted by Chuck

Writers always ask copyright questions at writers' conferences. It's an absolute certainty. With that in mind, I figured I'd post two helpful links that will address some basics myths and realities about copyright.

First of all, if you want to purchase a copyright or get your information straight from the horse's mouth, visit the United States Copyright Office site.

Writer Beware has a great page on copyright information you should check out. The page also has links regarding copyright information in other countries besides the U.S.

Three quick copyright tips from Chuck:

1. Poor man's copyright will not help you in court. You probably know what I'm talking about - it's when you mail yourself a manuscript and don't open the envelope to prove that you created such and such a work on such and such a date. Anyway ... it doesn't take the place of a real copyright, which now costs $45, by the way.

2. Don't put the copyright symbol on your ms when you submit it to agents and editors. They know it's copyrighted, and legitimate professionals will never, ever think about stealing work. Including the symbol makes you look bad.

3. If you're concerned about protecting your work (because ideas, concepts and premises are not copyrightable and can indeed be stolen), my best advice is just to keep it to yourself. Don't post anything online. Don't write about it on the Internet. Heck, don't talk about the plot with unknown writers at writers' conferences, if you're that worried. Just write it and sell it; then you can blab all you want.