Chip MacGregor .com

More on how an author negotiates a book contract...

We're continuing our thoughts on what to have in mind when facing a book contract negotiation.

4. Be Clear when Talking. One thing that will hurt you in a negotiation is to wander around your point. For example, if you know you don't want to grant dramatic rights to your novel, be clear about it. Problems often arise in a negotiation because of the things that aren't said -- an author wants a certain advance but won't admit it, or the writer wants to retain foreign rights and doesn't say so clearly. If you know what you want, be ready to say so clearly in a polite, organized, and clear manner. This is why it's important for you to have a plan and write it down before you begin talking, so when faced with a question, you can refer to your notes and remind yourself of what is important.

5. Learn to Listen. Kenneth Tynan once referred to the activities at the United Nations as "a dialogue for the deaf." One speaker gets up and harangues people with some information, then the next guy gets up, starts talking, and acts as though he heard nothing that was just said. You'll be amazed at how much better negotiations will go when you learn to be quiet and hear the other side occasionally. You'll discover you learn things about the publishing house when you listen. It will make you a better negotiator. And a bit of silence can help you focus in the midst of a discussion.

6. You Have Options. Keep in mind that you don't have to agree to a bad deal. You always have options -- even if the only option is to say no thanks, get up, and walk away (whether permanently or temporarily). This is a basic truth that people in negotiations sometimes forget. The fact is, you may not be able to come to an agreement, so it could all fall apart. If you have a plan for what you really need in a deal, you'll know what that threshold is. But remember that there's a give-and-take in negotiations -- the publisher will ask you to give them world rights, and perhaps you counter with granting foreign rights so long as you retain dramatic rights. Or the publisher is offering a small advance, and you counter with something a bit bigger, but offer them a reason why they should be able to pay a bit more. Keep track of what you get and what you give away -- it'll show both sides that this is a good-faith negotiation.

7. Everything is Negotiable. Everything. Not just the advance and royalties, but the grant of rights. Your book title. The page count. The due date. Author copies and buy-back rates. Revisions, acceptance policies, cover approvals, reversion rights, publication date, termination, and non-compete language. Everything is negotiable. You're not going to win every point. You're probably not going to get everything you want. But that's what a negotiation is -- a series of compromises, so that both sides feel they like the deal that's put into place.

Know what's important to you ahead of time, do some research so you know what's fair and workable, then negotiate in a spirit of cooperation. This will keep your negotiations from being those painful, knock-down/drag-out affairs that leave you with a bad relationship and too much brain damage.

I hope this helps you. Best of luck with your negotiation!

 

How do you negotiate a book contract?

Kevin wrote to say, "I'm about to negotiate my own book contract! What is important for me to know?"

If you're at the stage of negotiating your own publishing contract, congratulations. It means you've created a strong proposal, shopped it to publishing houses, and found an editor interested in your work. Those are huge hurdles, so you've already done well. Now what's going to happen is that the publisher is going to approach you with some details and numbers. Let me offer a handful of thoughts for you...

1. Have a Plan. A contract negotiation isn't just a bunch of random conversations, helping two people move things forward. It's one piece of a larger discussion about your book -- how both sides view its value, what it will pay, how it's going to be produced and marketed, etc. Therefore, do your homework before you go into the negotiation. You should have researched what the market is paying (so you get a fair deal, but you don't ask for the moon), you should know what rights you want to keep or give away, and you should have a familiarity with the issues that will be involved in a publishing contract. All of this takes time (and all of this is why authors get agents who, presumably, know this stuff).

2. Take a Positive Approach. Too many people seem to have learned all their negotiation strategies from watching television dramas -- the two high-powered lawyers point fingers, pound the table, make demands, and generally act like jerks. That's not an approach that's going to work very often in publishing. From my point of view, you have to develop a relationship with the person you're going to negotiate with. That way there's a sense of trust on both sides. You really want to establish some rapport with the person you're negotiating with, so that you both keep in mind the big picture of making this a successful book. Think of it this way: would you rather buy insurance from a trusted friend who happens to sell insurance, or from some stranger who shows up at your door? All of us prefer doing business with people we know. So approach your contract negotiation in a spirit of cooperation, rather than a spirit of confrontation.

3. Think Win/Win. The publishing of books is a business, so put away all your thoughts about just being helpful or friendly, and approach this as strictly business. Believe me, the publisher will take this approach. The goal isn't just to "win," but to help both sides feel as if they're winning. The publisher needs to be able to sell the book at a profit. The author needs to be able to make a living. From the start of your discussions, let both sides be thinking of winning, of doing well, of making this project succeed. Again, television dramas have a tendency to make it seem as though one side must win and the other must lose. In the real world, that doesn't work. I want every publisher I deal with to be successful. I want them to make money, to sell lots of books, and to want to work with me on other projects. So as you're putting your plan together, don't just focus on "how can I get this deal to my advantage?", but think of "how I can help the publisher succeed?" If both of you come out of this negotiation feeling good, you've set yourself up for a healthy long-term relationship.

More on this topic tomorrow... but feel free to ask questions about negotiations. 

 

What does an author need to ask about book contracts? (Part 3)

We've been exploring what you need to know when you approach a book contract. Here are five more questions to ask...

11. Are there restrictions on the sale of the contract? Check to see if your publisher has the right to sell the entire deal to another house. This doesn't happen often, but it can happen, especially with smaller houses, and you need to be aware of the possibility. It would mean you go through the entire process of negotiating a deal with one house, then suddenly you find yourself working with another house. I once had a sleaze-ball publisher sign a well-known personality to a book, then immediately start shopping the contract... In other words, he never had any intention of publishing the book; he just wanted to sign a lowball deal and flip it to a bigger house. (This is something he admitted to me, but denied to the author. Mr. Sleazeball is now an agent, by the way.)

12. If it all goes south, who pays for the lawyers? Remember that a contract is put in place to clarify two things: what will happen if everything goes well, and what will happen if everything goes to hell. A good contract covers both scenarios. In case of the latter, check to see who covers the cost of the lawyers. True story: A short while back I was sent a contract that called for the publisher to pick the lawyer, but the author to pay for it. Um... we suggested a minor wording change to keep the author from getting hosed.  

13. Does your contract clarify what constitutes "out of print"? It should be simple: When the publisher is no longer selling your book, it's out of print. Don't get caught up in windy explanations of why publishing-on-demand titles constitute a book for sale. (Years ago, I worked on a deal where a publisher claimed a popular author's book was still "in print" because they still were offering an audio version to libraries, so they still controlled rights.) Get a clear definition that includes having regular books commercially available. This has gotten much more complicated since ebooks became popular, so you're going to have to figure out if a digital book qualifies. Most publishers will say it does... so WHEN do you have a chance to actually get those rights reverted? Possibly never. So read your contract carefully. 

14. Does your contract have an option clause? There are various forms of options -- everything from "you promise us your next book" to "we'd like you to give us a first look at your next one." Options aren't necessarily evil (they can reveal a commitment on the part of the publisher to an author's career), but you should know the risks and rewards of a proposed option clause. (True Item: In days of yore, one publisher used to insert an option clause that promised two books for every one you published... so an author could never actually get out from under the contract. For every book he wrote, he owed two additional titles. Ugh. That's no longer the case at that house, by the way.)

15. Is this a perfect contract? The answer, for those who aren't sure, is "nope." In a perfect world, you'd get a perfect contract. But, in case you haven't been paying attention to the war in Afghanistan and the Republican primaries, we don't live in a perfect world. So while you'll sometimes hear people make declarations about all contracts (things like "You should NEVER sign a multi-book deal!" and "I MUST have approval of my cover!" and "I would NEVER allow them to cross collateralize my contract!"), be aware that a contract is a negotiated settlement. You ask for some things, you give up other things. That's the nature of the business. Every good agent understands that. And it's why you might be best served having somebody negotiate on your behalf. Nobody gets everything they want, so learn to compromise and you'll find yourself more at peace with the process.  If you approach a book contract as a sort of partnership between author and publisher, rather than as a battle to be won, you'll be happier with the results. I'll talk more about how to negotiate a contract next week. 

What are your lingering contract questions?

 

What does an author need to ask about book contracts? (Part 2)

Okay, so you've got a book contract, and you're wondering what you don't know. Here are a few more questions to ask...

6. When will the book be published? In most book contracts there is a window that explains your book will be made available for sale within two years. I recently saw a contract that had a five-year window on it, and another contract that didn't limit the publishing time at all. The danger (and it's happened to others) is that you'll turn in a book the publisher keeps forever but never actually publishes. Generally you want wording where the publisher makes a legal promise to produce your print book in an 18-to-24 month window, your ebook faster. 

7. When are advances paid? Make sure you know when you're getting paid. Traditionally an author received half the advance on signing and the other half on completion. Many of the New York houses now pay one-third on signing, one-third on delivery, and one-third on publication. Random House has this author-unfriendly clause that calls for one quarter of the advance to be paid a year after the book releases (so it's not really an "advance," it's more like a "delay"). And HarperCollins pays a portion of the advance after the author has filled out a marketing questionnaire -- their way of making sure they get their information. I recently saw a contract that called for the advance to be broken into eighths (signing, completion of a questionnaire, after an interview with marketing, completion of the manuscript, completion of typesetting... um...the next full moon, etc.)

8. When are royalties paid? Many publishing houses pay twice per year. Some of the larger houses pay quarterly. I still see some contracts that call for royalty payments to authors once per year... and no, that publisher won't be offering to pay you interest on that money they've been holding for you. And your ebook publisher might pay you monthly. Find out when you're getting paid, and if it's less than twice per year, request they send you your money more frequently. 

9. If you're doing a novel, who owns the subsidiary rights? Publishers are in the business of licensing and selling rights, so they'll ask for the dramatic rights to your story. But check something out -- Has this publisher ever sold dramatic rights? Do they actively pursue movie and TV deals? If not, you might be wasting your time granting them to the house. Nothing frustrates an author more than having rights that could be generating income tied up with a house doing nothing. 

10. If you're doing a nonfiction book, what's your buy-back discount? The publisher's boilerplate contract will call for you to receive about ten copies of your printed book, and allow you to purchase your own book at about a 40% discount. But if you speak to large groups, you'll want to negotiate for a better deal. You don't want to be in competition with your publisher, but if you regularly have a captive audience listening to you speak, selling books is a sure money-maker for you, and your publisher isn't losing money on the deal, so ask for more copies and a better buy-back rate. 

What questions are you asking when negotiating a contract? 

 

What does an author need to ask about book contracts? (Part 1)

Every once in a while, I'll set a contract in front of an author, and he or she will say, "Just tell me where to sign." I have to explain that they need to know what they're signing. The fact is, every clause in a contract can be deemed important, if you consider it's a legal document that will govern everything about your book for as long as it's in print. So let me offer several questions an author ought to think about...

1. What's the grant of rights? Your contract should ask you to grant specific rights to the publisher. Not "everything, always, in all circumstances." And rights not specifically granted to the publisher are to be retained by the author. Keep in mind that you (as the author) own the work -- you're granting a license to a publisher for them to produce and sell copies of your work. So understand what you're granting them. 

2. Is the wording clear? Know what you're signing. Understand the due date, the word count, the rights being granted. Some publishers have exceptionally easy-to-read contracts (Baker, Harlequin, and Harvest House are three that come to mind). Others can have contracts that read as though they were invented by lawyers for whom English is not their first language. If you don't understand what you're signing, ask questions. And let me offer a word of advice: If you have an agent, he or she ought to be able to explain what you're signing. If you don't have an agent, you can get help from a contract evaluation service, which will charge you a couple hundred bucks to review your contract and suggest changes. [You can also have a contracts or intellectual property rights attorney review the contract, but DON'T have him or her negotiate it for you. The moment they pick up that phone, the clock is ticking...and the longer they can keep the clock ticking, the more you're going to pay.] You can also find some books at Barnes & Noble that will help you understand your contract. 

3. Is there added work? Sometimes a book contract will also ask you to create something else -- study questions, additional material for an enhanced books, etc. Read the contract carefully to see if you're on the hook for an index, a bibliography, or a map to the star's homes.

4. What is acceptable? Make sure your contract offers you the chance to revise an unacceptable manuscript in order to make it acceptable. That's usually pretty simply -- the editor tells you what they want, and you, as the author, have adequate time to fix the book. Some larger houses wait until the book is completely edited and proofed before they consider it "acceptable." And some smaller houses have been know to withhold "acceptance" until, um... well, until they have the cash in hand to pay for it.

5. Who owns the copyright? A contract should state that the book's copyright will be in the author's name, not the publishers. 

We'll look at some more questions you should ask when signing a contract -- feel free to drop in your questions and comments in the "comments" section!

 

"I'm trying to figure out how to work with an agent..."

Rita wrote to say, "I've been offered a contract on my novel. Since I don't have an agent, should I seek one at this point? And if the agent accepts, should he or she still receive 15% of the deal, even if they didn't market my book or secure the deal for me? Would it be better to have the agent simply review the contract for a fee?"

There's quite a debate about this issue. I suppose many agents would say, "Sure -- call me!" They'd be happy to get 15% for a deal they've done no work on. But my advice would be to think long term. Is there an agent you like and trust -- someone you want to work with in the long term? If so, call him or her. Talk about the situation. They may be willing to take less in order to work with you. They may review the contract for a fee. If, for example, you've got a $10,000 advance coming, make sure it's worth the $1500 to have the agent assist with this contract. (It may be worth it -- a complex situation, or a novel that is going to be made into a movie, or a potential bestseller probably call for a good agent to get involved). That said, it doesn't really seem fair to me to take the full comission for a book I didn't sell, though not everyone in the industry agrees with me. You can always talk with a contract-review specialist, who will review your contract for a flat fee (usually somewhere in the $300 range). You can also talk with an intellectual property rights attorney, but be careful -- they're generally paid by the increment (anywhere from a six-minute to a 15-minute increment), and their goal is to keep the clock moving. The longer it takes them, the more they are paid. I know of at least one author who paid more to have a top-flight entertainment lawyer review the contract than they were paid in advance dollars. Generally speaking, your family lawyer won't have enough experience to really help you with a publishing contract. Congratulations on getting the book deal, by the way.

Chris asked, "Should I worry about a literary agent who turned me down, but suggested I work with his editorial service?

Absolutely you should worry. Here's how this commonly works -- you send a manuscript to an agent, who says, "I really like this, but it's not ready. However, we have an editorial service here who can help you. For just $500, they'll get this proposal ready for us to represent..." The agent sends you to his editor friend, then pockets half of that "editorial fee," so he or she is making money off the author. That's a total violation of ethics for literary agents (and I'd argue the reason we're seeing some agents do this is because we've had a group of people jump into agenting who don't really know what they're doing). The Association of Author Representatives has a clear canon of ethics printed on their opening web page which precludes an agent from doing this very thing. It's ripe with potential for abuse. My advice: If an agent tries to cross-sell you some other literary service that charges you a fee, stand up and walk away. You can find a better agent.

Phoebe had this situation: "I signed with an agent, but wasn't happy. I fired that agent, and moved on to another. But now my first agent is claiming that anything I ever talked with her about is her responsibility! She claims that if I ever get a publishing deal for the projects she represented, she is to be paid the agent's commission. Is that legal?"

This is another one I can't fathom. I understand getting paid if I've done the legwork -- let's say that I've worked with an author to develop a project, showed it to publishers, and started to get some interest. If the author hears about it, fires me, then approaches the same publishers to try and get the deal and save themselves the 15% commission, I should still get paid. I state in my agency agreement that if I'm working with a publisher on your behalf, I'll still get paid even if you fire me and do a deal with them within a year. But I've seen this a few times lately -- an agent claiming that if you EVER sell the book they represented, they'll still get paid. I'm not a lawyer, so I cannot give legal advice, but I would think this would be awfully tough to have stand up in court. My advice: read any agreement carefully before you sign it. If the agent has a clause that's incredibly restrictive like this, ask to have it altered.

 

How do I get an agent?

Elizabeth wrote to ask, "Can you tell me the basics of how to get an agent, when to get an agent, and how the agent relationship works?"

I have responded to this basic question in the past, so let me repeat some of my old ideas...

First, remember I’m a literary agent, so I'm either "experienced" or "biased," depending on your position. I’ve been in the publishing business for more than 20 years, full time as an agent for the last 14 or so. I made my living as an author and, later, as an editor before I fell away from the Lord and became an agent. I was with one of the top literary agencies in the business for many years, and now I’m out on my own – so I admittedly have my own perspective. Second, I’m pretty successful at what I do, in a business where some people call themselves “agents” but don’t seem to know what they’re doing (and, consequently, don’t last very long), I’m fairly well known in the industry and, by and large, have developed a pretty good reputation (more evidence for the existence of God). Feel free to ask around and see what others say. Third, most people who know me will tell you that I’m not an agent evangelist. I happen to know there are some very good things a literary agent can do for you (no matter what Jon Konrath says), but I’ll be the first one to tell you that not everybody needs an agent. And I’m fairly safe in talking about this because I’ve been saying the same stuff for years.  So I’m going to give you my opinion…

When NOT to get an agent:

-When you're not a proven writer. Generally, publishers are looking for great ideas, expressed through great writing, and offered by a person with a great platform. Sometimes they get all three, usually they settle for two of three. (I’ve taken on some unproven writers because I liked an idea or the writing, but understand that I have to work MUCH harder for an unknown author, and get less return, than I do for a proven author… and that's why agents prefer to work with proven authors.)

-When you don't have either a full manuscript (if it’s fiction) or a dynamite proposal and sample chapters (if it’s non-fiction). Without those, you’re simply not ready.

-When you won't let others critique your work. Criticism is how we get better. Why is it the worst writers seem the least ready to listen? (Maybe because in their hearts they know they aren’t that good, and admitting that would hurt their self-esteem… or maybe I’m guilt of psychologizing.)

-When you're not ready for rejection. This is a tough business. Do you have any idea how many times I hear the word “NO” in a week? If you can’t take some rejection, or if you can’t take criticism, or if you can’t take direction, go back to the dry-cleaning business. You obviously aren’t tough enough for the writing biz.

-When you have so much time on your hands you can do everything an agent does. (Right. Like THAT’S going to happen.)

-When you feel like you're "giving away" 15% of your income. I don’t think many of the authors I work with resent my percentage… they know I help them earn more than they’d get on their own. But if you don’t feel that way, you’re probably not ready to work with an agent.

-When you enjoy selling books and negotiating, you know what you're doing with marketing and contracts, you have the relationships with editors to set up your own book deal, AND you don't mind singing your own praises.

When TO get an agent:

-When you have a dynamite proposal that a publisher will fall in love with. The agent should help you find the right house and maximize the deal.

-When you don't know who to go to. An agent should have strong relationships in publishing… ALWAYS ask a prospective agent who he/she represents, ask to talk with some of his/her authors, and ask what deals he/she has done lately. If an agent doesn’t really represent anybody, or hasn’t really done any deals, you have to wonder if they’re really an agent or just playing one on TV. An agent lives or dies on his/her relationships. Make sure you pick somebody who is good at relationships.

-When you don't know about contracts (they are legal documents that govern every aspect of your book for as long as it's in print -- a contract can impact your life for years) or how to negotiate. 

-When you don't know what a good deal or a bad deal is.

-When you don't know how to read a royalty statement.

-When you don't know how to market your book.

-When you don't have time on your hands and don't want to negotiate with the publisher yourself.

-When you don’t want to be the person promoting or selling yourself and your work.

-When you need career guidance. 

If these apply to you, then you'll probably find an agent helpful. 

That said, my advice for finding an agent isn't necessarily going to please everyone...

-Go meet agents up close and personal. Attend conferences, make appointments at their office, or connect at a book show. It will give you a feel for what the individual is like.

-Get to know and trust the agent. Again, I think there are a lot of people who claim to be agents but don't really know the business, so make sure you connect with the person one-on-one and ask questions.

-Find out if they like books and if they're good with words. In my view, the best agents are word people first. (That’s an important point. Just because a guy has negotiated contracts doesn’t mean he can help you with ideas or writing or editing or selling.) Ask what they read.

-Ask who they represent, then go check with some of their authors.

-Ask, "How many books have you contracted in the past year?"

-Look for a full-time agent preferably, not somebody who is part agent, part editor, part author, part Amway salesman. More and more I think this is true. Not everybody can be an agent. (Just like not everybody can be an author, a copy-editor, a sales rep, or the quarterback of the Green Bay Packers.) So look for somebody who knows the job and is sold out on doing it, rather than somebody who is trying to represent people while also doing a dozen other things.

-Go create a wonderful proposal with good writing and a complete bio. This is really the most important step. Make sure to include your sales history and a market analysis.

-Remember MacGregor’s Law of Agenting: Make sure you LIKE the person. There's nothing worse than having to do business regularly with people you don't like. I LIKE the authors I represent. Most are personal friends. I can’t imagine working in my office, having the phone ring, hearing the receptionist say, “Mr Farnsworth is on the phone,” and me going into a spasm of disgust - “Yikes! Farnsworth! I HATE that guy! Tell him I’m not here!” Life is too short for that sort of BS. I routinely tell authors that I’m not the agent for everyone. My personal style is fairly gentle (believe it or not…I’m not nearly the smart aleck in real life as I appear in print), I’m pretty soft-spoken at meetings (people are often disappointed when they meet me). So I’m not the right guy for a writer who wants Mr. Take-Charge. If you don’t LIKE the individual, don’t hire him.

-Once you settle on someone, make a commitment to work with him or her long term. A good agent should talk with you about your writing career. My goal is to work with the authors I represent for the next 20 years, so we can all retire together and still be friends. That said, always ask if the agent you’re talking to relies on a “term” agreement or an “at will" agreement. My agency agreement is a letter that serves as an at-will agreement. There’s no term -- it starts the day we sign it; it ends when we start calling each other names and throwing manuscripts at each other. (I’ve talked with too many authors who got locked into really bad term agreements -- “I’d like to have you represent me, Chip, but I’m stuck with Mr. Bonehead for the next two years.”)

-Understand that not all agents are alike. One person is a “contracts” guy – his focus is on intellectual property rights law and tough negotiation. Another person is an “editorial” type – her emphasis is on helping you craft a great manuscript. Some agents are “idea” guys (they come up with great ideas), others are “life management” types (they will coordinate your speaking, writing, media, money, even your wardrobe, I suppose). My strengths are in “recognizing great writing” and “career development,” and those are two things I’ve established pretty firmly as my agent identity over the last decade. Figure out what you need in an agent, then determine what the agent’s strengths are. That’ll move you down the path much quicker.

I used to tell would-be agents (1) only represent people you like, and (2) only represent good writers. I've been able to hold to that, and have done really well in the business. The authors I represent are friends, and every one of them can write.

So... can you get published without an agent? Of course you can. You can also sell your house without a realtor and draw up your own will without a lawyer. But you may not want to do any of those things, and it’s getting harder and harder to do them well. In fact, trying to get a career established in publishing without a good agent is an uphill climb. It’s doable, but it’s harder than it used to be. A good agent should help you decide on a salable idea, create a better proposal, and get that proposal in front of the decision-makers who matter. More and more, your agent will help you refine your work, assist you with your marketing, and shape your career... not just get you another book contract.

Whew... maybe that was more than you wanted. Hope it helps.

 

Are writing contests a good idea? (and other interesting stuff)

Tiffany wrote to ask, "What do you think of writing contests? Are they a good idea for beginning novelists?"

Sure. Contests are a good way for beginning writers to get into the swing of writing. It means you have to write and polish, you've got to meet a deadline, and you are going to allow somebody else to evaluate your work. All of those are good steps. And there are a ton of contests that are good -- the Genesis contest, the Writer's Digest Writing Competition, the James Jones First Novel contest. Many universities, magazines, and conferences have their own contests as well -- check the most recent edition of Writer's Market or one of the various Writer's Market Guides for up-to-date information. Contests are a great way to gain some needed experience.

Keep in mind that a contest isn't generally a judge of actual talent -- it's a competition between the writers who have chosen to participate. So if a bunch of weak writers all send in their manuscripts, then the winner might not be all that spectacular. But it doesn't hurt to tell a prospective agent or editor that you won a "New Writers Award" or the "Short Prose Competition." Publishers love seeing their authors win awards.

Holly wrote to say, "I have a non-fiction book contract and an agent who only represents non-fiction. Since I also want to write fiction, do I need another agent? Is there a way to leverage my current situation to increase my odds of getting a good publisher for my novel?"

Some agents only represent non-fiction projects (and some only fiction projects, or children's projects, or whatever). So yes, the possibility exists that you may need a different agent for your novel. If you're happy with your NF agent and getting good service from him or her, then I'd simply approach the agent and say, "I'm planning to write a novel. Do you want to represent it? And if not, can you put me in touch with an agent you trust to represent it?" That keeps everything out in the open, and allows you to talk career management with your agent. As for leveraging your current publishing relationship, I'd suggest you find out if your current publisher does novels. If so, talk with your editor. Explain what you'd like to try and write. However, be aware of the fact that nearly every writer wants to do a novel, AND that a non-fiction audience can't be expected to follow you across the aisle in order to read your fiction. Sorry, but it's true -- even great nonfiction sales don't necessarily translate into fiction readers. So by going to fiction, you're really starting over in your publishing career.

Matt writes to ask, "When an author finishes his manuscript and begins to send out query letters, should he have his manuscript copyrighted first? Or is that only necessary when a manuscript is being published?"

This is a common mistake, and I'm glad we have a chance to talk about it. Here's the truth: As soon as you create something original, it's yours. You own the copyright. You might (in a rare case) have to prove that you were the creator, but your writing is yours. In the United States, you as the creator are protected from plagiarism -- the intellectual property rights to your written expressions are owned by you until you license them to someone else. So no, you don't have to fill out a formal copyright document with the government. (And, unlike some people believe, you don't have to mail yourself a copy.) When you sign a book deal, the publisher will arrange to get a formal copyright document filed with the government, and that document should cite you (the creator) as holder of the copyright.

A couple notes: Remember that you can only copyright your unique expressions -- so there's no copyrighting a basic idea or a title. And keep in mind that if you write something for another person on a work-for-hire basis, you do not own the copyright for that work -- you're giving it to someone else, who has the right to make copies and sell them. Oh...and I should also note that I'm not a lawyer, so I'm not giving you legal advice here. If you need legal advice, call your attorney.

 

 

How do I approach a literary agent?

Diane wrote to ask, "When is the best time to approach an agent? What do I need to have ready in order to talk with him or her?"

The best time is probably 11 in the morning. The hangover is gone, but the agent has yet to move toward that three-martini lunch. And what to have ready? Well, you ought to have a book proposal that is completely ready. That means you've got a good description of your book: an overview, the features, the details about word count and genre, and your overall focus. You also need to include information about the market: the audience, the need, and comparable titles. And you'll need to have a complete bio, not just something you dashed off in five minutes. You want to reveal who you are and what you bring to the table -- your past publishing credits, sales history, media exposure, online traffic, and speaking schedule (where, to whom, on what topics, when, and how often). Hopefully your proposal will tell me something about marketing: what you plan to do in order to support the work, who is endorsing it, what you've done in the past that has worked. There will be a Table of Contents that explains to me the scope and sequence of your book (what you cover, and in what order), and above all there will be some sample chapters that are DONE -- written, edited, and polished. If you're authoring a novel, you'll send me a great synopsis that reads like a well-done short story, and you'll tell me that your novel is complete, so I can read the whole thing, should I desire to do so. If you've got a great book package to present, you're probably ready to talk with an agent.

Be aware that most people I talk to at writing conferences aren't there yet. They might have a good book idea, but it's not ready to show. It's like having fruit that isn't ripe yet -- the idea is good, but the fact that it's not ready makes it unpalatable. They're 60% ready, or maybe 80% ready, but they aren't 100% ready. The book still needs writing help, or the idea is good but the rest of the material is weak. The ingredients all seem to be gathered, but the cake isn't baked yet. (Go ahead -- pick your metaphor.) Sometimes I discover I'm the first person to ever actually read the material -- a major mistake, in my view. If you're too shy to have trusted writing friends critique your work, you're clearly not ready to have an agent or editor tell you that your writing is bad. Make sure other eyes have looked it over and corrected the things you've missed. I've never understood why people want to show me their half-baked idea. There's nothing I can do with it, other than offer a kind word and hope they go fix it. So get your stuff ready -- 100% ready. Then talk to an agent.

Susan wrote to ask, "Do agents want to read a part of an unfinished nonfiction book, or do they require a complete manuscript as they do with a novel? I was told at a conference that I should send a nonfiction proposal before it was complete, in order to leave room for content negotiation, but an experienced author friend recently told me that, in these competitive days, it's better to have any book done before querying an agent."

I can't speak for every agent, but I always prefer seeing a completed book to a proposed book. With a completed book, there's no mystery about due dates, no concern about researching the rest of the topic, no worries about family emergencies keeping you from completing it. I find it easier to sell a complete manuscript than a proposed one. That's not to say I won't seriously consider a proposal and sample chapters on a nonfiction book -- I will, if I like the idea and am impressed with the writing. But there's no question that a completed book has a leg up.

Val wrote to say, "I'm a new writer trying to break into the business. I understand that previous publishing credits are a plus, but do prospective agents and editors view e-zines and web sites as accomplishments worth mentioning in a query?"

Publishing credits are publishing credits, Val. What book editors and agents are looking for most is a great idea, expressed through great writing, by someone with a great platform. So by all means reveal your complete writing background. Writing for the web counts in this business. The bigger the readership and the more well-known the site, the better.

Dee wrote to ask, "What are the words you most want to hear from an author who approaches you at a writers' conference?"

Probably "You look younger than your photo." But "you've lost weight" is also nice, and "Let me buy you a drink" is a good runner-up.

Got a publishing question you've always wanted to ask an agent? Here's your chance...

 

What you've always wanted to ask the Agent

I've been receiving a number of questions about authors and agents, so I wanted to take a few weeks to explore agenting. Glenna wrote to ask, "How long does it usually take for an agent to respond after receiving a requested manuscript?"

Everybody is different. I try to respond to people within a month, but this past fall it seemed to take me two or three months before I could read and react to all the submissions. If you'll check out the web site of literary agents, most will offer some sort of timeline in the two-to-four month range. I've heard stories of authors having proposals in to agents for eight or nine months, but my response to that would be: "Maybe you aren't picking up the hint." Look, if you've had something in with an agent for six months, and they haven't so much as responded to your idea, it's clearly not ringing their bell. Move on.

I should also note that I have a couple people who work for me who review manuscripts. Like most longtime literary agents, I don't promise to read everything that gets sent to my company. I work with a couple people who have great editorial eyes, and they frequently take a first look at stuff coming in over the transom. And if something isn't a fit, we may not respond at all. (In fact, it may not be read at all if it's written in crayon, is a retelling of the Book of Revelation, or warns me that I'll go to hell if I dont immediately read and get excited about the idea. Just so you know.)

This question came from Janet: "If an agent has asked you to send in a manuscript, is it wrong to continue sending out queries to other agents?"

Not in my book. The way I look at it, if I'm taking a couple months to review a manuscript from you, then you've got every right to use that time and try to see if some other agent might be a better fit. This should come with a warming: Not everyone agrees with me. Some agents do not want to be spending time exploring a project, only to find another agent is also considering it. So be careful. Research the agents you're interested in working with, so that you link up with someone who's a fit, not just someone who happens to be an agent. Oh -- and one caveat to what I just said: If you and I start talking about your manuscript, and I give you substantive input into your work, that means I've made an investment in you and your career. I'm only going to do that with someone who really interests me, so be cautious of dismissing that. An agent who takes an interest in your work is telling you that he or she wants to continue the conversation. You'll want to be up-front with them if you're seriously in discussion with another agent. I had a tough situation last year -- I'd spent an enormous amount of time helping an author resolve issues with her novel. When she then announced she was signing with somebody else, I was less than pleased. (May her name be blotted out of my memory.)

And Doug wrote to whine at me about agents not responding to his "potentially bestselling" proposal. He wrote: "I had this project in with one agent for nearly a year, and she never got back to me. I sent this to YOU several months ago, and you haven't even answered! Why don't agents do their job?"

Um...Doug, where exactly is it written that I owe you a response? My "job" is to run my literary agency. I mean, I work in the industry. I represent authors. I've got a thriving business going. And... that somehow requires me to reply to everyone who sends me their proposal? Sorry, Sparky, but that's not how the world works. Lots of people write to me. And, uh, not to be impolite, but I've never heard of you. I don't think we've ever met. (If we have and I've forgotten,you'll have to forgive me.) I believe our only connection so far is that you decided to send me a proposal, for a project I'd also never heard of, just because you read about me in a magazine. And you did so apparently without checking our submission guidelines (though they are clearly posted on our web site). So the mere fact I'm a literary agent doesn't automatically mean I owe you a response. 

Think of it this way: If you write to the Mets and tell them you're a relief pitcher, do they owe you a tryout? If you write to Citibank and tell them you've got an investment idea, do they owe you a loan? Business doesn't work that way. I don't owe you a response simply because you can spell my name and have figured out how to send an email. So take a lesson from all the hardworking writers out there -- do some research, get to know some agents, get face to face with them at a conference, and base your writing business on relationship, not some misguided sense of entitlement. 

Got a question about working with an agent? Send it along and I'll take a crack at answering it.