Just what am I getting myself into? Part V: they’re not going to be mean to me, are they?

Does that high-pitched twanging I hear out there in the ether mean that subtitle struck a chord with some of you? Yes, yes, I know: for those of you who are gearing up to query for the first time — or working up nerve to start querying again after having been rejected, steeling yourselves to submit requested materials, or girding your emotional loins to head on out and give a verbal pitch — the question of how a real, live agent might respond to your polite little request can assume nightmare proportions.

How did I know about those middle-of-the-night tremors, you ask? A lifelong association with that peculiar species, the domestic writer, that’s how; we excel ourselves in psyching ourselves out. Who is better than a writer for fleshing out the contours of a vague fear into a mind-numbing horror story, after all?

Especially if one tends, as so many aspiring writers do, to view any individual agent not as a human being, full of personal quirks and individual tastes, but as Everyagent, a powerful soul whose singular opinion might as well be taken for speaking for an entire industry’s opinion on any given query, submission, or pitch.

If your dreams have been haunted by Everyagent, I have some good news for you: s/he doesn’t actually exist. Agents are individuals — often charming ones — with unique tastes, each of whom specializes in certain limited areas of the publishing industry. Although not all of them are graced with equally polished manners (especially if approached rudely or unprofessionally), the overwhelming majority do not take umbrage when approached by an aspiring writer with a project that does not interest them. At worst, most of them will just say no, and that will be that.

Again, what makes me so sure? One very, very simple reason: being nasty about it would take up too much of their busy days. Due to the incredibly high volume of queries the average agent receives, investing the time in a personalized mean response to even 10% would suck up hours that could be spent selling their clients’ books. Or reading current and prospective clients’ submissions. Or even, you know, having a life.

Oh, you smile, but you’re feeling better already, are you not?

The same holds true for pitching, incidentally — and that cheering you hear is the masses pacing the floors of their studios until they wear paths in their carpets as they ponder the perfect pitch. Yes, it’s terrifying to walk into a meeting with a real, live agent, but honestly, most of them are quite nice to pitchers. They may not say yes — in fact, most will not — but it’s seldom worth their energy to be genuinely unpleasant. (Would any of you planning to attend conferences soon like for me to go over how to write a pitch, by the way? I used to address it every summer, but conference season is much longer than it used to be: this year’s is starting right about now, I believe.)

The one great exception, equally applicable to approaching agents by mail, e-mail, or face-to-face: the writer who is pushy to the point of rudeness. This brash soul either hasn’t bothered to learn the rules of polite approach or doesn’t think they apply to him. (Usually because but I want so much to get this book published, a sentiment which, naturally, differentiates this guy from EVERY OTHER ASPIRING WRITER OUT THERE.) What does he do that’s so terrible? He calls agents out a clear blue sky, instead of querying; his e-mails contain sweet expressions along the lines of you’ll be sorry forever if you let this one pass you by and other threats; he queries the same agent over and over, with a tenacity that the average pit bull would envy; he argues with agents who say, “No, thank you.”

But my readership wouldn’t dream of acting in that manner, I’m convinced. All of you are far too nice — and have done your homework far too well — ever to do any of those things, right?

You should worry about the rude aspiring writer, though, because he actually does affect you: many of the hoops through which respectful writers need to jump in order to convince an agent to read their work were erected in order to keep him at bay. Rules against calling agents unless they call you first, for instance, or stern admonitions from conference organizers not to bug agents in the hallways. These are not designed to keep polite people like you at a distance; they’re intended to ward off the few and the rude.

I can feel some of you trembling already. Not to worry; if you follow the norms of the industry, you’re not going to offend an agent accidentally. (Unless you inadvertently mention you didn’t like a book you hadn’t realized she represented; again, doing your homework pays off.) Those contact restrictions work both ways, you know.

Yes, you did read that correctly: the querying, pitching, and submission rules protect the conscientious writer, too. So kudos to you for taking your writing seriously enough to learn the ropes.

Earlier in this series, I went over the three accepted means of bringing your book politely to an agent’s attention: querying, either by sending a letter via regular mail (the classic method), approaching by sending an e-mail (the newfangled method) or through the agency’s website (the least controllable), and verbal pitching (far and away the most terrifying. Today, I’m going to talk about the various possibilities of response to your query or pitch — which, you may be happy to hear, are relatively limited and very seldom involve anyone being overtly mean.

I heard that chortling, experienced pitchers and queriers: we’re talking overtly mean, not merely dismissive. There’s a big difference. And call me zany, but I find it hard to believe that the possibility of an agent’s being genuinely rude in response hadn’t occurred at least once to all of us before the first time we queried. So let’s pitch in, so to speak, to help those new to the game overcome those butterflies that seem to enjoy inhabiting the writerly stomach.

To those of you who have never queried or pitched before, I reiterate: the probability that an agent will say something nasty to you about your book at the initial contact stage is quite low. S/he may not say what you want him or her to say — which is, of course, “Yes! I would absolutely love to read the book you’ve just queried/pitched!” — but s/he is not going to yell at you.

At least, not if you’re polite in your approach and s/he is professional. At worst, s/he is going to say “No, thank you.”

But just so you’re prepared, rookies: pretty much every writer who has landed an agent within the last decade heard “No, thank you,” many, many times before hearing, “Yes, of course.” Ditto with virtually every living author who has brought a first book out within the last ten years. (At least the ones who were not already celebrities in another field; celebrities have a much easier time attracting representation. Yes, life is not fair; this is news to you?)

That’s just the way the game works these days. Translation: you should not feel bad if your first query does not elicit a positive response. Honestly, it would be unusual if it did, in the current market.

“Okay, Anne,” those of you about to query or pitch for the first time quaver, clutching your butterfly-filled tummies, “I’ll bite. If an agent isn’t likely either to go into raptures or to fly into an insult-spewing rage after reading a query letter or hearing a pitch, what is likely to happen?”

Glad you asked, butterfly-catchers. Let’s run through the most common possibilities.

How can a writer tell whether a query or pitch has been successful?
Contrary to popular opinion amongst aspiring writers, the query letter and pitch share a common goal: not to make the agent stand up and shout, “I don’t need to read this manuscript, by gum! I already know that I want to represent it!” but rather to induce her to ask to see pages of the manuscript. As we saw in the last couple of posts, those pages, along with anything else the agent might ask the writer to send (an author bio, for instance, or a synopsis) are known in the trade as requested materials.

So figuring out whether a query or pitch did the trick is actually very simple: if the agent requested materials, it was. Congratulations!

Enjoying this particular brand of success does not mean that a writer has landed an agent, however, it merely means that he’s cleared the first hurdle on the road to representation. Be pleased, certainly, but remember, asking to see your manuscript does not constitute a promise, even if an agent was really, really nice to you during a pitch meeting; it merely means that she is intrigued by your project enough to think that there’s a possibility that she could sell it in the current publishing market.

Stop averting your eyes, please: I’m quite serious about this. Remember, pitchers, a nice conversation at a conference is just a nice conversation is at a conference, but a representation contract is a deal. Keep pitching and/or querying until the agent right for your work offers you the latter.

So send what he asks to see, of course, but keep querying other agents, just to hedge your bets. No matter how much you want (or, in the case of face-to-face pitching, like) a particular agent, it’s not in your best interest to grant an effective exclusive to any agent who hasn’t actually asked for it; unless you are dealing with an agency with an exclusives-only policy (which should be stated openly on the agency’s website and in its agency guide listing), most agents will simply assume they’re not the only one looking at a manuscript.

It’s up to you, of course. However, since turn-around times can be six months or more, even on an eagerly-solicited manuscript, waiting by the phone instead of dating around might not be the best strategy in the long term, if you catch my drift.

All that applies if the answer is yes. But how does one know if the answer is no?

If the agent decides not to request materials (also known as passing on the book), the query or pitch has been rejected. If so, the querier is usually informed of the fact by a form letter — or, in the case of e-mailed queries, by a boilerplate expression of regret. Because these sentiments are pre-fabricated and used for every rejection, don’t waste your energy trying to read some deeper interpretation into it; it just means no, thanks. (For more on the subject, please see the FORM-LETTER REJECTIONS category on the archive list on the lower right-hand side of this page.)

Because pitching is done in person, agents often do give a reason if the answer is no. Often, the stated reason isn’t all that different from the reasoning typically found on a boilerplate rejection letter — I just don’t think I can sell that book in the current tough market; it doesn’t sound like the kind of book I represent; I might have been able to sell that story 2/5/20 years ago, but now… — but since it is considered quite rude to argue with an agent who has just said no to you, does it really matter why? Just thank the agent for his time, and walk away with dignity.

Whether the response is positive or negative, it will definitely not be ambiguous: if your query has been successful, an agent will tell you so point-blank. It can be a trifle harder to tell with a verbal pitch, since many agents don’t like watching writers’ faces as they’re rejecting them — which is one reason that a writer is slightly more likely to receive a request for materials from a verbal pitch than a written query, by the way — and will try to let them down gently.

They’re trying to be nice, you see. But again, there’s only one true test of whether a pitch or query worked: the agent will ask to see manuscript pages or a book proposal..

If you do receive such a request, congratulations! Feel free to rejoice, but do not fall into either the trap I mentioned above, assuming that the agent has already decided to sign you (he hasn’t, at this stage) or the one of assuming that you must print off the requested pages right away and overnight them to New York. Both are extremely common, especially amongst pitchers meeting agents for the first time, and both tend to get those new to submission into trouble.

Before you do anything, take a nice, deep breath. You will be excited, but that’s precisely the reason that it’s a good idea to wait at least a week to before pulling your requested materials packet together — or at least before sending it.

Why, you demand? It will give you enough time to calm down enough to make sure that you include everything the agent asked to see. It will also give you the opportunity to avail yourself of the in-depth advice under the HOW TO PUT TOGETHER A SUBMISSION PACKET category on the list at right.

Until that happy day, let’s talk about some other possible agently reactions.

What if a writer receives a response other than yes or no?
If you receive a response that says (or implies) that the agency requires writers seeking to be clients to pay for editorial services or evaluation before signing them to contracts, DO NOT SAY YES; instead, check with the agents’ guild, the Association of Authors’ Representatives, or Preditors and Editors to see if the agency is legit. You may also post a question on Absolute Write. (The last has a lot of great resources for writers new to marketing themselves, by the way.)

Why should you worry about whether an agency is on the up-and-up? Well, every year, a lot of aspiring writers fall prey to scams. Again, call me zany, but I would prefer that my readers not be amongst the unlucky many.

The main thing to bear in mind in order to avoid getting taken: not everyone who says he’s an agent is one — and it can be awfully hard to tell the real from the fake based upon a website alone. Some of the most notorious frauds have some of the most polished and writer friendly websites.

Scams work because in any given year, there literally millions of English-speaking writers looking to land an agent and get published, many of whom don’t really understand how reputable agencies work. Scammers prey upon that ignorance — and they can often get away with it, because in the United States, there are no technical qualifications for becoming an agent. Nor is there any required license.

Yes, really: it’s possible just to hang up a shingle and start taking on clients. Or rather, start asking potential clients to pay them fees, either directly (as in the notorious We don’t work like other agencies, but we require a paid professional evaluation up front dodge) or by referring writers to a specific editing service (i.e., one that gives the agency kickbacks), implying that using this service is a prerequisite to representation.

Reputable agents decide whether to represent a manuscript based upon direct readings; they do not require or expect other businesses to do it for them. Nor do they charge their clients up front for services (although some do charge photocopying fees). A legitimate agency makes its money by taking an agreed-upon percentage of the sales of their clients’ work.

If any so-called agent tries to tell you otherwise, back away, quickly, and consult the Association of Authors’ Representatives or Preditors and Editors immediately. (For a step-by-step explanation of how others have successfully handled this situation, run, don’t walk to the FEE-CHARGING AGENCIES category at right.)

Heck, if you’re not sure if you should pay a requested fee, go ahead and post a question in the comments here. I would much, much rather you did that than got sucked into a scam.

Better yet, check out any agent or agency before you query. It’s not very hard at all: the standard agency guides (like the Writers Digest GUIDE TO LITERARY AGENTS and the Herman Guide, both excellent and updated yearly) and websites like Preditors and Editors make it their business to separate the reputable from the disreputable.

Fortunately, such scams are not very common. Still, it pays to be on your guard.

What if a writer does not receive a response at all?
More common these days is the agency that simply does not respond to queries at all. Agencies that prefer to receive queries online seem more prone to this rather rude practice, I’ve noticed, but over the last couple of years, I’ve been hearing more and more reports from writers whose queries (or even submissions, amazingly) were greeted with silence.

In many instances, it’s actually become a matter of policy: check the agency’s website or listing in one of the standard agency guides to see if they state it openly. (For tips on how to decipher these sources, please see the HOW TO READ AN AGENCY LISTING category on the list at right.)

A complete lack of response on a query letter does not necessarily equal rejection, incidentally, unless the agency’s website or listing in one of the standard agency guides says so explicitly. Queries do occasionally get lost, for instance; so do submissions.

The single most common reason a writer doesn’t hear back, though, is that the agency hasn’t gotten around to reading it yet. Be patient — and keep querying other agents while you wait.

Sensing a pattern here? There’s a good reason that I always urge writers to continue querying and pitching after an agent has expressed interest: it can take weeks or even months to hear back about a query, and an increasing number of agencies now reject queriers through silence. A writer who waits to hear from Agent #1 before querying Agent #2 may waste a great deal of time. Because agents are aware of this, the vast majority simply assume that the writers who approach them are also querying other agents; if they believe otherwise, they will say so on their websites or in their listings in agency guides.

What should a writer do if her query was rejected?
Again, the answer is pretty straightforward: try another agent. Right away, if possible.

What it most emphatically does not mean is that you should give up. Contrary to what virtually every rejected writer believes, rejection does not necessarily mean that the book concept is a poor one; it may just means that the agent doesn’t represent that kind of book, or that she just spent a year attempting to sell a similar book and failed (yes, it happens; landing an agent is no guarantee of publication), or that this book category isn’t selling very well at the moment.

The important thing to bear in mind is that at the query or pitching stage, the book could not possibly have been rejected because the manuscript was poorly written . The query might have been rejected for that reason, naturally, but it’s logically impossible for an agent to pass judgment on a manuscript’s writing quality without reading it.

One thing you should not do: once a writer received a formal rejection letter or e-mail, it’s considered rude to query or pitch that book project to the same agent again. (See why it’s so important to proofread your query?) At some agencies, that prohibition extends to all of the member agents; however, this is not always the case. Regardless, unless a rejecting agent actually tells a writer never to approach him again, a writer may always query again with a new book project.

Contrary to an apparently immortal rumor that’s been haunting the conference circuit for years, however, being rejected by one agency has absolutely no effect upon the query’s probability of being rejected by another. There is no national database, for instance, that agents check to see who else has seen or rejected a particular manuscript (a rumor I have heard as recently as two months ago), nor do agencies maintain databases to check whether they have heard from a specific querier before. If you’re going to get caught for re-querying the same agency, it will be because someone at the agency remembers your book project.

You really don’t want to tempt them by sending the same query three months after your last was rejected, though; people who work at agencies tend to have good memories, and an agent who notices that he’s received the same query twice will almost always reject it the second time around, on general principle. In this economy, however, it’s certainly not beyond belief that an agent who feels that he cannot sell a particular book right now may feel quite differently a year or two hence. And the individual Millicent who opened a query may well have moved on to pastures new by next year.

I leave the matter of whether to re-query to your conscience, along with the issue of whether it’s kosher to wait a year and send a query letter to an agent who didn’t bother to respond the last time around.

And there’s one thing that you should not do under any circumstances: try to talk the agent into changing his mind. If your query (or manuscript, for that matter) has been rejected, resist the temptation to contact the agent to argue about it, either in writing or by picking up the phone. It will only end in tears.

Why? I can tell you now that that no matter how good your argument is, you will not convince the agent that his rejection was a mistake. It will merely annoy him, and the last thing your book deserves is for the agent who rejected it to have a great story about an unusually obnoxious writer to tell at cocktail parties.

In answer to what you just thought: yes, they do swap Wow, That Writer Was Rude stories. Seldom with names attached, but still, you don’t want to be the subject of one.

The no-argument rule is doubly applicable for face-to-face pitching. It’s just not a fight a writer can win. Move on — because, honestly, the only thing that will genuinely represent a win here is your being signed by another agent.

It’s completely natural to feel anger at being rejected, of course, but bickering with or yelling at (yes, I’ve seen it happen) is not the most constructive way to deal with it. What is, you ask? Sending out another query letter right away. Or four.

Before you do, however, double-check that the next agent on your list — and the next, and the next — actually do represent your type of book. Typically, agents give their Millicents a list of criteria that a query must meet in order to be eligible for acceptance, including the single most common reason queries get rejected: pitching a type of book that the agent does not represent. There’s absolutely nothing personal about that rejection; it’s just a matter of fit.

Why, you ask? Read on.

Book categories and why they are your friends
No single agent represents every kind of book there is: like editors at publishing houses, they specialize. While this may seem frustrating or confusing to an aspiring writer new to the agent-seeking process, in the long run, it’s actually in the writer’s interest. As we saw a few days ago, agents sell their clients’ work by taking it to editors they know already to be interested in the subject matter or genre — and because they make money only if they can sell their clients’ work, it isn’t to their benefit to show a book to anyone who isn’t likely to publish it.

Rather than relying upon vague impressions about who likes what kind of book or time-consuming descriptions of every single book on offer, everyone in the publishing industry uses specific terms when discussing them. Each type of book has a one- or two-word description known in the publishing industry as a book category.

The people an agent knows at publishing houses who she is positive will be interested in the types of books she sells AND respect her opinion about writing enough to take her calls are known as her connections. The better an agent’s track record of selling a particular type of book, the better and more extensive her connections will be. Similarly, if an agency has a long history of selling a certain type of book, even junior agents there may reasonably be expected to have pretty good connections for it.

Thus the frequent appeal of a large and/or well-established agency over a small or newer one: when the agents enjoy good connections, it’s easier for them to slip a first-time author’s manuscript under the right pair of eyes. Everyone benefits.

However, good connections require agent specialization. The publishing industry is immense and complex; it would be impossible for even the best-established agent to have connections for every conceivable type of book. By concentrating upon just a few kinds of manuscript, then, an agent can concentrate upon his established areas of strength.

What does this mean for the average aspiring writer? Glad you asked.

Writers, too, are specialists, even ones like me who write several different types of book. However broad one’s interests and capacities might be, no one is going to write in every conceivable book category, right? Therefore, it’s in each writer’s interest to have his work represented not by just any old agent, but by one who shares his interests — and, more importantly, who already has the connections to sell his books.

In other words, specialists of a feather should flock together.

Agents are well aware of the substantial benefits of such an arrangement, which is why they are seldom reticent about the kinds of books they want. They will state the book categories they represent right on their websites, in their listings in the standard agency guides, and often in their biographical blurbs in writers’ conference brochures as well. So there’s no mystery to finding out who represents what: it’s usually as easy as a straightforward Google search or opening a book.

Benefiting from knowledge so obtained, however, requires that an aspiring writer be aware of the book category into which his book most comfortably fits. Select one that already exists, if you please, rather than just making one up. You should also pick just one, rather than stringing a few together into an unholy hyphenate like Mystery-Science Fiction-Romantica-Western.

Generally speaking, though, aspiring writers agonize far too much over making the right choice: just pick one. Remember, the goal here is not to cover every topic in the book, but rather to give your future agent and editor some indication of who is likely to buy your book and on which shelf at Barnes & Noble a reader might eventually find it.

It’s a technical designation, after all, not a synopsis. Think of it as the conceptual box that the agent of your dreams will want to unwrap.

Do be aware, too, that many categories overlap — fiction, women’s fiction, and literary fiction, for instance, share quite a bit of common ground — so you may not find a perfect fit. That’s fine; as long as you’re close, your future agent will be able to tell you how to categorize it.

If you live in the U.S. or Canada, a good place to start is by tracking down a recently-released paperback or trade paper book similar to yours and examining the back cover. Many publishers will display the book category in one of two places, in the upper-left corner:

sarah-vowells-back-cover-ii

Actually, now that I’ve posted it, I notice that Sarah Vowell’s ASSASSINATION VACATION (a terrific book for anyone interested in political history, by the way; she’s a very funny writer) is listed in two categories: biography and travel. That makes perfect sense, because the book both talks about the lives of various murdered American presidents and follows Ms. Vowell’s journeys to their assassination sites. (Seriously, it’s funny.)

The other common locale for a book category is in the box with the barcode:

jonathan-selwood-back-cover

Okay, so that last photo was a trifle askew. However, since Jonathan Selwood’s THE PINBALL THEORY OF APOCALYPSE (six rows’ worth of passengers on an airplane thought I was having some sort of fit because I was laughing so hard at one point; once I had fended off medical assistance and read the passage in question out loud, the flight attendants came running to find out what was wrong with all of us) partially concerns the aftermath of a major earthquake, that seems rather appropriate.

I’m not sure if the photo will reproduce clearly enough for you to see it, but Mssr. Selwood’s book is designated merely as fiction. Counter-intuitively, this general-sounding moniker refers to something quite specific: novels for adults that do not fit into a genre designation. For all of you whose first thought upon my telling you that you would need to narrow down your complex 400-page book into a one- or at most two-word category choice, this might be a good selection.

It can be rather a pain to decide, admittedly, but once you have determined your book’s category, the hunt for an agent to represent it becomes substantially simpler: you don’t even need to consider approaching an agent who doesn’t represent your category. And why is that, veterans of last autumn’s Querypalooza?

If you shouted, “Because that would be a waste of my valuable querying or pitching time!” give yourself a gold star for the day. Since agents habitually represent only certain types of book, offering them another variety is only courting rejection.

Acceptance is what we want to court around here, right? Keep up the good work!

The getting-a-book-published basics, part X: the agency contract revisited, or, excuse me, sirs, but could any of you tell me which one of you will be representing my book tomorrow?

police line-up

Last time, I broached the seldom-discussed issue of agency contracts — you know those handy documents that spell out explicitly what the agent offering to represent you will do for you in exchange for how much. While most aspiring writers simply squeal and shout, “Yes! Yes! Yes!” the nanosecond an offer emerges from an agent’s mouth, it’s very much in your interest to know what you’re agreeing to before you agree to it.

In other words: not all agencies are created equal. Nor do they all operate in the same manner.

There are, however, some norms. As those of you who pored over yesterday’s post may recall to your sorrow, in going over how (and how much) US-based agents typically get paid for representing their clients’ work, I mentioned that US agency contracts typically specify 15% for books sold to a North American English-language publisher, 20% or more for sales to non-North American publishers, whether the book is published in English or not.

“Um, Anne?” a small, confused chorus has been piping out there in the ether ever since I first brought it up. “Was the bit about English-language North American sales just a really complicated, drawn-out typo? Aren’t there other people in the world who read English — like, say, the people in England? Why aren’t all of the English-language sales lumped together, and the foreign ones together?”

Ah, because that would make sense, my friends. The industry likes to keep all of us guessing by throwing a cognitive curve ball every now and again, so this is going to require a fairly extensive and rather convoluted explanation.

Before I launch into it, you might want to pop into the kitchen and make yourself some tea, or fluff up the pillows on your ottoman. I’ll wait.

Okay, everybody comfortable? Here goes.

North American vs. world rights
From the point of view of your garden-variety US publisher, books published in the English language fall into three categories: those sold in North America (meaning in the US and Canada), those sold in Great Britain, and those sold in other countries. So when folks in the industry speak about a US-based agent selling a book to a US-based publisher, they’re generally talking about the first North American rights: the publisher has bought the ability to be the only source of the first addition of the book in the US and Canada.

Of the three categories, only North American rights are considered English-language sales, for contractual purposes. The last two are considered foreign-language sales, which is why — pay close attention here — if your agent manages to sell your book to a UK-based publisher, you will be selling the world rights. Believe it or not, the world excludes North America — which I imagine might come as something of a surprise to those of us who live here.

There — and you thought it wasn’t going to make sense.

What might all of this rigmarole mean for the writer? Perversely, if EXACTLY the same English-language book by a US author was sold in Canada and Great Britain, the author’s US agent would take 15% of the royalties on the first and 20% on the second. Sometimes, the Canadian rights are subsumed in the world rights (if, say, the publisher is UK-based), instead of under the North American rights.

Before you laugh out loud, I should warn you that this scenario is not particularly far-fetched: all of the books in the HARRY POTTER series were sold in a slightly different form in the former Commonwealth than in the U.S. Why? Well, chips mean one thing to a kid in London and another to a kid in LA, and while apparently the industry has faith that a kid in Saskatchewan could figure that out, it despairs of the cultural translation skills of a kid in Poughkeepsie or Omaha.

This is why, in case you were curious, you will see the notation NA in industry discussions of book sales — it refers to first North American rights, minus Mexico. Rights to sell books south of the border, in any language, fall under foreign language rights, which are typically sold on a by-country basis. However, occasionally an American publisher will try to score a sweet deal on a book expected to be a bestseller and try to get the world rights as part of the initial deal, but this generally does not work out well for the author.

Why? Well, do the math: if a book is reprinted in a second language and a North American publisher owns the foreign rights, the domestic house scrapes an automatic 20% off the top of any foreign-language royalties accrued by the author. (If this discussion seems a trifle technical, chalk it up to the rather extended struggle I had to retain my memoir’s foreign rights; back in the day, my now-gun-shy publisher wanted ‘em, big time. But they’re mine, I tell you, all mine!)

I cannot stress enough, though: read your contract. Ask some questions. Norms are just norms; individual agencies’ policies do vary.

But what if I am represented by an agent based outside North America — or if I’m unsure if a North American one is asking me to agree to legitimate terms?
Obviously, what constitutes a domestic sale would vary depending upon the country in which the agent does his primary business. So if you are reading this somewhere outside North America, or translated into a language other than English, you should not blithely assume that what I am saying here applies to your home country; it’s always worth your while to check with your national literary agents’ association. For the English-speaking world, the top ones are:

In the United States, contact the Association of Authors’ Representatives.

In the United Kingdom, contact the Association of Authors’ Agents.

In Australia, contact the Australian Literary Agents Association.

I couldn’t find a specific association for Canada (if anyone knows of one, please let me know, and I’ll be delighted to update this), but the Association of Canadian Publishers’ website does include information about literary agencies north of the border.

Not all agents are members of these organizations, but if there have been complaints from writers in the past, these groups should be able to tell you. They are there to help writers make crucial decisions about who should represent their work. So are writer-protection sites like Preditors and Editors or the Absolute Write Water Cooler, excellent places to check who is doing what to folks like us these days. Writer Beware, a website sponsored by the Science Fiction and Fantasy Writers of America, provides a wealth of resources for those who want to learn about scams aimed at writers.

Please don’t dismiss the notion doing some minimal checking to assure the agents reading your work are on the up-and-up as writerly paranoia — who represents your work is too important to your writing career to leave to chance. Remember, not everyone who slaps up an official-looking website is actually an agent, and good writers too nice to want to seem confrontational get burned all the time.

In case it might influence the decision-making process of those of you quietly rolling your eyes at the prospect of investing even more of your scant writing time in researching folks whose ostensible purpose in life is to help writers, I should add: all but the last site I listed are also pretty good places to learn about agents’ specialties, on the off chance that you might be looking for someone to query now that the Great New Year’s Resolution Plague of 2010 is fast receding into memory.

I just mention.

Let’s assume for the moment, though, that the agency lucky enough to land you as a client — strange to think of it that way, isn’t it? — is as reputable as reputable can be. Most agencies are. Even under that happy circumstance, it’s very much in your best interest to understand how and to whom an agent might market your book before you read, much less sign, an agency contact. Not only because these distinctions are rather counter-intuitive, but because they’re the criteria used to determine what percentage your agent will take out of your advance and royalty checks.

Again: read your representation contract before you sign it. Ask some questions. The only way this relationship is going to work to both your benefit and the agent’s is if both parties understand precisely what each of them is supposed to do.

Tell me again how I’m supposed to cover all of this in my first conversation with a prospective agent without sounding like a paranoid jerk?
I sense that some of you have gone a bit pale over the course of the last dozen or so paragraphs. “Um, Anne?” a few queasy souls inquire. “You’re kidding about expecting me to have an intelligent discussion of all of this with my agent in the first 30 seconds after he’s offered to represent me, right? Couldn’t I just agree to let him represent me, and sort the details out later?”

Well, of course you could — as I said, most aspiring writers just blurt out “Oh, God, YES!” before finding out anything about the terms to which they’re agreeing at all. I can completely understand this impulse: mistrust is the last thing on your mind when you are thrilled to pieces that a real, live agent wants to represent you.

Yes, YOU. How thrilling!

Trust your Auntie Anne on this one, though: honeymoons do occasionally end, and not generally because anyone concerned has done anything especially nefarious. Remember, agents move from one agency to another all the time, especially in this economy. If this happens, you will need to know with whom you have a contract, the agency or the agent. (Either is possible.)

It’s also not unheard-of for an agent to stop representing a particular genre even though she has clients still writing and publishing in it. Writers occasionally develop a sudden urge to compose a book in a category for which their agents do not have current contacts. And so forth.

The agency contract is, in short, one contract to read with your glasses ON, and paper by your side to jot down questions. It’s perfectly legitimate to request time to pore over it. Then pick up your notes, hie yourself to a telephone, and start asking follow-up questions.

If you do not have an opportunity to see a copy of the agency contract before having your first serious conversation about your future with your new agent — as will probably be the case; many agents are notoriously slow in sending out representation agreements — do make a point of asking the agent in your first conversation for a brief overview of its major points.

That’s merely good sense whenever you are going to deal with a business with which you are unfamiliar, and it would never occur to a reputable agent to take your caution at all personally.

Because, you see, by being cautious, you’re not calling the agent’s integrity into question, but making sure you know precisely what she is proposing that you do together. After all, the agent almost certainly will not have been the person who wrote the contract; the agency will have an established boilerplate. Naturally, it is in an honest agent’s best interest for a prospective client to understand the contract-to-be well enough to abide by its provisions.

Allow me to repeat something I dropped into the middle of that last paragraph, because it comes as news to a lot of newly-agented writers: unless your future agent happens to own the agency, it is the agency — not the agent whom you are prepared to love, honor, and obey for as long as you shall write and she shall sell — who will set the terms of your relationship.

The agency, not the agent, produces that contract I keep yammering about, after all; the agent may not even sign it. So a savvy writer should be very, very interested in the policies and procedures of any agency to which she is about to commit herself and her writing.

Wait — what do you mean, I’m committing to the agency, not just the agent?
That’s right — agency policy will affect you, and that agent who is being so nice to you on the phone will not be the only agency employee who will be dealing with your work. Among other things, the agency, and not merely the agent, is going to be handling every dime you make as a writer — and furthermore, telling the fine folks at the IRS all about it.

Remember, your publisher will be sending your advance and royalty checks to your agency, not to you personally. (For a more in-depth examination, please see the ADVANCES and ROYALTIES AND HOW THEY WORK categories on the list at right.) If your work is going to be sold abroad, the agency will turn your book, your baby, over to a foreign rights agent of ITS selection, not yours — and will be taking a higher percentage of your royalties for those sales than for those in the English-speaking parts of North America, typically. And the agency is also going to be responsible not only for keeping the government informed about all of these transactions, but also preparing those messily-carboned royalty forms that you will be submitting with your taxes.

That’s a whole lot of trust to invest in people who you may never meet face-to-face, isn’t it? Or, in some cases, people that you may not even know exist?

Did I just hear a giant collective gasp out there? I hate to be the one to break it to you, but many authors never meet their agents in person; is it really all that surprising, then, that few are on friendly terms with the rest of the agency’s staff? It’s not as though the agency will fly a prospective client from California to New York just to get acquainted. Since almost everything in the biz is handled by phone, e-mail, or snail mail, face-to-face contact is seldom necessary.

The result? Well, it’s not a scientific sample, of course, but I know plenty of writers who couldn’t pick their agents, much less the principal of their agency, out of a police line-up. (Not that you really want to be in the position to hiss, “That’s she, officer. SHE’S THE ONE WHO DIDN’T MAIL MY ROYALTY CHECK,” but still.)

Ideally, you want relationships with both your agent and agency so comfortable that you have no qualms — and no need to have any — about simply handing the business side of your writing over to them and letting them get on with making you rich and famous. (Which you already know that no agent cannot legitimately promise up front, right?) So while asking a whole lot of pointed questions at the outset may seem mistrustful, doing so will actually substantially increase the probability that you’re going to trust and respect your agent a year or two down the road.

At minimum, find out whether you are signing with the agency as a whole or with the agent specifically: contracts come both ways. Remember, agencies vary quite a bit. Some are set up so the royalty money all goes into a common pool, funding the entire agency, and some are run like hairdressing establishments, where each chair, so to speak, houses an independent contractor, and no funds are mixed.

Why should your agent’s employment arrangements concern you? Well, if you are the client of an independent contractor-type agent, if she leaves the agency, you more or less automatically go with her, or will at least be given the option of doing so. If your contract is with the agency, you probably will not.

Again, asking about this is not being paranoid; it’s being prudent. Few human relationships are permanent, after all.

Let’s face it: some agencies have pretty short lifespans. It’s also not all that uncommon for agents simply to burn out on the biz; selling books is hard work, after all. And since many agents have a track record of agency-hopping every couple of years — as many junior agents do; it’s a smart way to build a professional lifetime’s worth of contact lists — may I suggest that how the agency is set up may affect your life pretty profoundly?

Don’t think that nice agent who called you to offer to represent you would drop out of sight? Okay, cover your representation contract — no peeking now — and answer these trenchant questions:

(1) If your agent retired, would you still be represented, or would you need to find a new agent?

(2) What about if she got laid off and the agency did not replace her, as is happening in agencies all over the country right now? Would you still be represented then?

(3) What if she got into a car crash, God forbid, and had to cut her client list in half?

(4) Does the agency have any hierarchy in place to mediate any disagreements that may If you had a fundamental disagreement with your agent, could you move to another agent within the agency, or would you need to find a new agent elsewhere?

(5) On the brighter side, what if your agent started an agency of her own?

Yes, I actually do know authors to whom each of these things has happened; thanks for asking. None of them had even considered any of these possibilities until the realities hit them in the face. And virtually all of them now say that it never occurred to them to question whether the agency would be there to support them if something happened to their again.

But perhaps that’s not too surprising: many an author could not pick any member of her agency’s staff but her agent out of a crowd at a writers’ conference. Or out of a police line-up, for that matter.

So I take it you’re saying that this isn’t a business that runs on handshakes
Sometimes it is, but you should be very wary of an agent who is not willing to offer you a written contract. Contrary to popular belief, verbal contracts may be binding (if some consideration has changed hands as a result of it, as I understand it; if you handed someone a $50 bill and the keys to your car after the two of you had discussed his painting a mural on the passenger-side door, I’m told that could be construed as a contract, even with nothing in writing, but you should definitely talk to a lawyer before you attempt anything so zany), but as I MAY have pointed out, oh, 1800 times in the last 5-plus years, this is an industry where the power differential tends not to fall in the writer’s favor until after she is pretty darned well established.

Protect yourself. A good place to start: reading your representation contract and asking some intelligent questions.

Assume, too, that at some point, you will want to revisit some of these issues. If you are offered a written contract, make yourself a photocopy so you may refer to it later.

Yes, even if the agent or agency’s head has not yet countersigned it. Many agented writers report that they have never seen another copy of the contract again after they signed it.

Dare I hope that those great, gusty sighs I hear wafting from my readership mean that this is all sinking in? “Okay, Anne,” sadder-but-hopefully-wiser writers everywhere concede. “I get it: it’s not in my interest to take the details of the agent-client relationship on faith. I need to ask questions when I don’t understand something. But right now, I don’t think I have the energy to do that, because you’ve depressed me into a stupor. The last couple of posts have occasionally read as if half the agents out there are evil trolls, waiting under every bridge into Manhattan in the hope of defrauding innocent authors.”

Of course, that’s not the case. The vast majority of agents honestly are good people who love good writing and want to help writers — but as in every profession, not all of them are scrupulous about fulfilling their obligations toward their clients. It behooves us all to be cautious.

So read that contract; act those questions; walk into that agency with your eyes wide open and your reading glasses firmly on.

And please, when the time comes: don’t be so flattered by an agent’s attention that you just agree to everything you are asked — or contractual provisions you don’t know exist. That’s how good writers get hurt, and I don’t want to see it happen to any of you. Put up your antennae before entrusting your precious manuscript to just anyone’s care.

Next time, I’ll talk about what agents do with manuscripts after the representation contract is signed. In the meantime, keep up the good work!

The getting-a-book-published basics, part IX: the agency contract, or, what to say to an agent who offers to represent you — other than, “Yes, please.”

fireworks

Today’s installment of our ongoing series is an exciting one, campers: I’m going to be talking about the happy day when an agent first tells a writer that he wants to represent her. Most aspiring writers have long fantasized about that auspicious event, but what actually happens?

Other than a monumental celebration, of course. I think it’s safe to assume that all of you can picture that part for yourselves.

Let’s back up a moment and savor the actual moment of acceptance in some detail: first, the phone rings. Although some agents do prefer to communicate by e-mail, typically, if a US-based agent is offering to represent a North America-based writer, the agent will telephone.

Why? Well, agents tend to be in a hurry pretty much all the time, and they’re used to using their powers of verbal persuasion. (Remember, most agents will assume that you will have continued to query and submit while they are considering your manuscript; for all the agent who wants you knows, you may already have other offers. Besides, the agent of your dreams will undoubtedly have a few questions for you.

This is also a great opportunity to ask a few of your own. In fact, you should.

To pull one at random out of thin air: “How are you planning to go about trying to sell this book, and to whom?” This is likely to elicit important information, such as whether the book category you selected for your manuscript or proposal was a good fit. (Hey, a writer likes to know these things.)

Another that you might consider blurting out right off the bat: “Are you going to want any changes to the manuscript/book proposal before you start sending it out to editors?” The answer will almost certainly be yes, incidentally, but at least you will have broached the issue politely yourself, rather than having it come as the intense surprise it generally is to those new to the agent-having experience.

If these sound like far more intelligent questions than are at all likely to occur to someone totally overcome with joy, well, you’re right: I know literally dozens of now-agented writers who were able to stammer out little more than a well-nigh-incoherent, “Yes! Yes! Oh, God, YES!”

So unless you are in the habit of receiving good news on this scale with aplomb, it might be prudent to prepare for this moment. While an agent is reviewing your manuscript or book proposal is a dandy time to work off some of your nervous how-long-must-I-wait-to-hear energy by coming up with a written list of what you want to know. You’ll find a few suggestions in the posts under the AFTER YOU LAND AN AGENT and WHAT TO ASK AN AGENT WHO WANTS TO REPRESENT YOU categories on the archive list located at the bottom right-hand side of this page; the US agents’ guild, the Association of Authors’ Representatives, also has a good list of preliminary questions on its website.

Even if you already have a fairly clear idea of what you would say during that much-anticipated phone call, please don’t put this off, thinking you can wing it when the time comes. Accepting an offer gracefully, like garnering the offer in the first place, usually requires some homework. I would strenuously recommend that anyone who might be in a position to be on the receiving end of one anytime soon — like, for instance, a writer who has just popped a submission packet into the mail — check out either these posts or another reputable source prior to having a conversation about one’s work with an agent, if only to clarify in one’s mind what an agent can and cannot do for a writer.

What’s that you say, readers? You’re not entirely sure what a good agent can do for you, other than sell your book? Let’s take a gander at the full range of possibilities.

Some things a reasonable writer can (and should) expect a reputable agent to do:

*Present a client’s manuscript and/or book proposal to editors at large and medium-sized publishing houses (even if a writer has more than one book ready to go, most agents will prefer to work on only one at a time),

*Advise a client on how to make the manuscript or book proposal more marketable,

*After selling the book, handle all of the financial arrangements between the publisher and the writer,

*Act as the client’s advocate in any subsequent disputes with the publishing house, and

*Serve as a sounding board about future book projects’ marketability.

*Help a client strategize the order and timing of working on particular projects, to maximize the agent’s ability to sell them.

All of that sound familiar and reasonable, or is the list disappointingly short for those of you who had been picturing the agent of your dreams wearing the cape and tights of a superhero? To help bring hopes into closer alignment with reality, let’s take a look at some common misconceptions about what an agent is actually capable of offering a writer.

Some things an agent cannot do for his clients:

*Guarantee in advance that he will be able to sell a particular book to a publisher,

*Guarantee that he will be able to sell a particular book to a particular publisher.

*Guarantee a certain advance if the book does sell.

*Dictate when the publisher who acquires the book will release it or speed up the publication process at will, and/or

*Make a writer rich and famous overnight.

If an agent offering to represent you claims to be able to do any of the things on that second list, you should be asking plenty of follow-up questions, as well as checking the agent’s credentials with Preditors and Editors or some other credible source. It’s perfectly legitimate to ask to see a list of clients before you decide, or to request a run-down of the sales tactics the agent used to sell the last book he sold in your book category. You may even ask to speak to a couple of current clients, to see how happy they are with his representation, although naturally, few agents will send a prospective client to a dissatisfied client for a reference.

I can sense some of you squirming in your chairs — you’re not completely comfortable with the notion of cross-examining someone offering to represent your work, are you? “What if I do my homework really, really well before the agent calls and offers to represent me, Anne?” I hear some of you wheedling. “If I quadruple-check in advance that the agent is legit, why will I need to ask questions at all?”

Excellent question, seated squirmers: because every agency operates slightly differently.

For instance, a very well-known agent or one at a very large agency might have a junior associate act as a first-time author’s primary contact, rather than the agent himself. (For a comparison of how large and small agencies can operate differently, please see this archived post, as well as this one.) Some novel-representing agents prefer to approach editors one at a time, giving each a nice, long look at a manuscript (and a chance to reject it) before moving on to the next, while others favor submitting simultaneously to eight or ten editors.

If asking about such things seems a bit confrontational for a first conversation with someone you really, really want to like you, don’t worry: your agent honestly does need you to understand how she works, so that she can do her job well. Most agents actually prefer clients who ask intelligent questions.

And if you say nothing, many agents will simply assume that you’re already familiar with every step in the often long and complicated process of getting a book published. An interesting assumption, given that the vast majority of first-time authors are completely astonished by what occurs. So are most writers new to working with an agent.

Don’t believe me? Ask any writer who signed with his first agent six months ago. Unless his book has already sold — and it’s highly unusual for an agent to be able to sell a new client’s work that quickly — he’s going to be full of wonder about why his agent is handling the book the way she is.

So come up with a set of reasonable questions in advance, and ask them before you sign anything. As long as you don’t take umbrage at any particular piece of news and try to argue about it (“What do you mean, a royalty of 20% for foreign sales is standard? I challenge you to a duel, sir!”), this is all simple factual information that you have a right to know.

I see a few more timid hands raised. “But Anne,” confrontation-haters continue to wheedle, “surely most of what I need to know will be spelled out on the agency’s website. No? Well, then won’t the agent give me some sort of hand-out, explaining how she works? No? Isn’t it even spelled out in the agency contract I’ll be signing?”

I’m sorry to report that the answer to all three questions is not necessarily. (See my earlier comment about the likelihood of agents’ assuming that writers are already aware of what will be required of both parties to the agency contract.) In fact, representation contracts are often downright vague.

Don’t let that make you tense. Trust me: the lack of specifics is generally for convenience’s sake, not to confuse prospective clients. Remember, to make this arrangement work, both parties have to hold up their end of the deal. It’s just not in a good agent’s interest that a writer not completely comprehend what he is being asked to do.

What might an agency contract require of my new agent — and of me?
Most agency contracts are easy-in-easy-out affairs for both parties, so it’s highly unlikely that you’ll get permanently stuck in an arrangement you don’t like.

In fact, representation clients tend to be rather short-term, specifying that the agent will either handle the entire selling process for a single book or all of the client’s work a year’s or two’s time — a choice made by the agency, incidentally, not the author. Sometimes, a single-book contract will grant the agency the right of first refusal over the client’s next book, entitling them to see your subsequent writing before you show it to anybody else, regardless of how happy you were with how the agent handled your first project.

Read every syllable of the contract carefully before you sign; if you don’t understand any part of the contract, ask the agent. If you don’t understand the answer or anything seems fishy, take it to an attorney familiar with representation contracts.

That may seem mistrustful, but a good agent is already quite aware that what you don’t fully grasp can hurt you, contractually speaking. Some contracts, for instance, will feature a rollover clause, which stipulates that if the author has not notified the agency by a particular date that she wants to seek representation elsewhere, the contract is automatically renewed for the following year.

Find out which up front, so you are aware of the terms of renewal. If you sign with an agency that favors the rollover clause, make sure you know precisely when the opt-out date is. Mark it on your calendar, just in case. And keep marking it every year.

If you are planning to write more than one book (or already have), do be sure before you sign a per-project contract that your agent is at least willing to consider representing everything you want to write. A time-based contract minimizes this concern, but do be aware that often means that the agent has right of first refusal over everything a client writes during the agreed-upon period — which means what, campers?

That’s right: you must allow her to decide whether she wants to represent an additional book before you may show it to another agent. (I was just checking to see whether your eyes had glazed over while I was going over technicalities.) Either way, writers with many projects going at once will want to make absolutely certain to ask about future projects.

The agency contract will also specify the percentage of your advances and royalties your agent will get. If this section is vague in any way, start asking questions, fast.

How writers get paid for their books — and how agents get their percentage
Any money you ever earn on books sold for you by the agency will pass through the agency before it comes to you; the agency will take its cut, then mail you a check for the remainder. Paying the agent’s percentage will not be left up to the goodness of your heart and the burnings of your conscience; once you are represented by an agent, he will see to it that your publication contract will specify that the publisher will send your checks to your agent, not directly to you.

This means that any money you see will already have the agent’s percentage deducted from it. See why it’s so important to be positive that you can trust this person?

Typically, in literary agencies, the agent’s percentage is 15% for English-language North American sales. Script agents generally get 10%.

These percentages are non-negotiable in virtually every agency on earth, so no need to worry that asking about them up front will make you look like you’re haggling: it’s to shield you against the unhappy day when a check arrives with fewer zeroes on it than your advance led you to expect. Or for more time passing than you expected between your publisher’s cutting your royalty check and the agency’s passing along your share to you.

And no, a lower percentage for the agent does not usually mean a better deal for the author — it’s usually an indication that the agency is new, and is trying to attract high-ticket clients.

Pretty much every agency in the country takes a significantly higher cut of foreign sales: 20% or more is the norm. (For reasons I have not been able to fathom, my agency takes 23% of sales in the Baltic republics, so they’ll really score if my memoir takes off in Lithuania.) The higher price tag abroad is for a very practical reason: unless an agency has a branch office in a foreign country (as some of the larger agencies do) it will subcontract their foreign rights sales to agencies in other countries, who will need to be paid as well.

So if you suspect that your book will have a high market appeal in Turkey or Outer Mongolia, you might want to check up front whether your prospective agency has a branch there, or is subcontracting. The differential in commission percentage can be substantial.

I see a lot of raised hands out there, and I’m delighted to see so many of you getting in some practice, speaking up when you’ve got a question. However, you might want to lower those flailing arms; I’m out of time for today.

Hold those good questions, everyone, and keep up the good work!

So how does a book go from manuscript to published volume, anyway? Part VIII: what happens after a writer lands an agent?

first-tulip-of-spring

This photo looks as if the tulip were growing inside an aquarium, doesn’t it? Not so: there actually are that many different colors of stone shards in my yard at the moment. (The WWL is noted for uncanny ability to pulverize seemingly solid rock.)

It’s my first tulip of the year, a good month later than usual, due no doubt to the unusually late snow. (As in a few days ago.) Oh, sure, I’ve enjoyed some minor dalliance with an early daffodil or two, and my snowdrops lost their reputation a month and a half ago, but this is the first honest-to-goodness tulip. This brave little bloom seemed like a great emblem of my topic du jour, which is all about new beginnings: what happens after an agent decides to sign a writer to a contract.

After the celebration dies down, that is.

Wait — let’s back up a moment and savor the moment of the author. Typically, if a US-based agent is offering to represent a North America-based writer, the agent will telephone, rather than send a letter or e-mail. (Agents tend to be in a hurry pretty much all the time.) She will undoubtedly have a few questions for you, so you should feel free to ask a few of your own.

To pull one at random out of thin air: “How are you planning to go about trying to sell this book, and to whom?” This is likely to elicit important information, such as whether the book category you selected for your manuscript or proposal was a good fit.

Another that you might consider blurting out: “Are you going to want any changes to the manuscript/book proposal before you start sending it out to editors?” The answer will almost certainly be yes, incidentally, but at least you will have broached the issue politely yourself, rather than having it come as the intense surprise it generally is to those new to the agent-having experience.

If these sound like far more intelligent questions than are at all likely to occur to someone totally overcome with joy, well, you’re right: I know literally dozens of now-agented writers who were able to stammer out little more than a well-nigh-incoherent, “Yes!”

So unless you are in the habit of receiving good news on this scale with aplomb, it would be prudent to prepare for this moment. (Oh, and in case I forgot to mention earlier in this series, this is not the right time to inform an agent who has been reading your manuscript that another agent is considering it, too; it will not engender a pleasant response. For tips on handling requests for materials so you never need to find yourself in a position to make such a shame-faced confession, please see the WHAT IF MORE THAN ONE AGENT ASKS TO SEE MY MANUSCRIPT category on the archive list at right.)

While an agent is reviewing your manuscript or book proposal, work off some of your nervous wait-time energy by coming up with a written list of what you want to know. You’ll find a few suggestions in the posts under the AFTER YOU LAND AN AGENT category; the US agents’ guild, the Association of Authors’ Representatives, also has a good list on its website.

Even if you already have a fairly clear idea of what you would say when that much-anticipated phone call comes, I would strenuously recommend that anyone who might be in a position to be on the receiving end of one anytime soon — like, for instance, a writer who has just popped a submission packet into the mail — check out either these posts or another reputable source prior to having a conversation about one’s work with an agent, if only to clarify in one’s mind what an agent can and cannot do for a writer.

Some things a reasonable writer should expect a reputable agent to do:
*Present a client’s manuscript and/or book proposal to editors at large and medium-sized publishing houses (even if a writer has more than one book ready to go, most agents will prefer to work on only one at a time),

*Advise a client on how to make the manuscript or book proposal more marketable,

*After selling the book, handle all of the financial arrangements between the publisher and the writer,

*Act as the client’s advocate in any subsequent disputes with the publishing house, and

*Serve as a sounding board about future book projects’ marketability.

Some things an agent cannot do (and you should start asking many, many questions if he says he can):
*Guarantee in advance that he will be able to sell a particular book to a publisher,

*Guarantee that he will be able to sell a particular book to a particular publisher,

*Dictate when the publisher who acquires the book will release it or speed up the publication process at will,

*Make a writer rich and famous overnight.

I can sense some of you squirming in your chairs — you’re not completely comfortable with the notion of cross-examining someone offering to represent your work, are you? “What if I do my homework really, really well, Anne?” I hear some of you wheedling. “If I quadruple-check in advance that the agent is legit, why will I need to ask questions at all?”

Excellent question, seated squirmers: because every agency operates slightly differently.

For instance, a very well-known agent or one at a very large agency might have a junior associate act as a first-time author’s primary contact, rather than the agent himself. (For a comparison of how large and small agencies can operate differently, please see this archived post and this one.) Some novel-representing agents prefer to approach editors one at a time, giving each a nice, long look at a manuscript (and a chance to reject it) before moving on to the next, while others favor submitting simultaneously to eight or ten editors.

If asking about such things seems a bit confrontational for a first conversation with someone you really, really want to like you, don’t worry: your agent honestly does need you to understand how her process works. As long as you don’t take umbrage at any particular piece of news and try to argue about it (“What do you mean, a royalty of 20% for foreign sales is standard? I challenge you to a duel, sir!”), this is all simple factual information that you have a right to know.

Which has long caused philosophers to ponder why all such details are not necessarily spelled out in the agency contract. In fact, representation contracts are often downright vague.

Trust me: this is generally for convenience’s sake, not to confuse prospective clients. Most agency contracts are easy-in-easy-out affairs for both parties, so it’s highly unlikely that you’ll get permanently stuck in an arrangement you don’t like.

In fact, representation clients tend to be rather short-term, specifying that the agent will either handle the entire selling process for a single book or all of the client’s work a year’s or two’s time — a choice made by the agency, incidentally, not the author. Some contracts, however, have a rollover clause, which stipulates that if the author has not notified the agency by a particular date that she wants to seek representation elsewhere, the contract is automatically renewed for the following year.

Find out which, so you are aware of the terms of renewal. If you sign with an agency that favors the rollover clause, make sure you know precisely when the opt-out date is. Mark it on your calendar, just in case. And keep marking it every year.

If you are planning to write more than one book (or already have), do be sure before you sign a per-project contract that your agent is at least willing to consider representing everything you want to write. A time-based contract minimizes this concern, but do be aware that often means that the agent has right of first refusal over everything a client writes during the agreed-upon period — i.e., you must allow her to decide whether she wants to represent an additional book before you may show it to another agent. So either way, writers with many projects going at once will want to make absolutely certain to ask about future projects.

The agency contract will also specify the percentage of your advances and royalties your agent will get. Typically, in literary agencies, the cut is 15% for English-language North American sales. Script agents generally get 10%.

These percentages are non-negotiable in virtually every agency on earth, so you will not asking about them up front and/or examining your contract in order to gain haggling ammunition: it’s to prepare you for the day when a check arrives with fewer zeroes on it than your advance led you to expect. And no, a lower percentage does not usually mean a better deal for the author – it’s usually an indication that the agency is new, and is trying to attract high-ticket clients.

Just so you know, the timing cutting the check for the agent’s cut will not be left up to the goodness of your heart and the burnings of your conscience. If you are represented by an agent, he will see to it that your publication contract will specify that the publisher will send your checks to your agent, not directly to you. This means that any money you see will automatically have the agent’s percentage deducted from it.

See why it’s so important to be positive that you can trust this person?

Pretty much every agency in the country takes a significantly higher cut of foreign sales: 20% or more is the norm. (For reasons I have not been able to fathom, my agency takes 23% of sales in the Baltic republics, so they’ll really score if my novel takes off in Lithuanian.) The higher price tag abroad is for a very practical reason: unless an agency has an outpost in a foreign country (as some of the larger agencies do) it will subcontract their foreign rights sales to agencies in other countries, who take their cut as well.

So if you suspect that your book will have a high market appeal in Turkey or Outer Mongolia, you might want to check up front whether your prospective agency has a branch there, or is subcontracting. The differential in commission percentage can be substantial.

“Um, Anne?” I hear a small, confused chorus out there piping. “Was the bit about English-language North American sales just a really complicated typo? Aren’t there other people in the world who read English — like, say, the people in England? Why aren’t all of the English-language sales lumped together, and the foreign ones together?”

Ah, because that would make sense, my friends. The industry likes to keep all of us guessing by throwing a cognitive curve ball every now and again, so this is going to require a fairly extensive and rather convoluted explanation.

Before I launch into it, you might want to pop into the kitchen and make yourself some tea, or fluff up the pillows on your ottoman. I’ll wait.

Okay, everybody comfortable? Here goes: from the point of view of your garden-variety US publisher, books published in the English language fall into three categories: those sold in North America, those sold in Great Britain, and those sold in other countries. Of the three, only those in the first category are considered English-language sales, for contractual purposes. The last two are considered foreign-language sales.

There — and you thought it wasn’t going to make sense…

So, perversely, if EXACTLY the same English-language book by a US author was sold in Canada and Great Britain, the author’s US agent would take 15% of the royalties on the first and 20% on the second. Before you laugh out loud, I should tell you that this scenario is not particularly far-fetched: all of the books in the HARRY POTTER series were sold in a slightly different form in the former Commonwealth than in the U.S. (Why? Well, chips mean one thing to a kid in London and another to a kid in LA, and while apparently the industry has faith that a kid in Saskatchewan could figure that out, it despairs of the cultural translation skills of a kid in Poughkeepsie or Omaha.)

This is why, in case you were curious, you will see the notation NA in industry discussions of book sales – it refers to first North American rights, minus Mexico. Rights to sell books south of the border, in any language, fall under foreign language rights, which are typically sold on a by-country basis. However, occasionally an American publisher will try to score a sweet deal on a book expected to be a bestseller and try to get the world rights as part of the initial deal, but this generally does not work out well for the author.

Why? Well, if a book is reprinted in a second language and a North American publisher owns the foreign rights, the domestic house scrapes an automatic 20% off the top of any foreign-language royalties accrued by the author. (If this discussion seems a trifle technical, chalk it up to the rather extended struggle I had to retain my memoir’s foreign rights; back in the day, my now-gun-shy publisher wanted ‘em, big time. But they’re mine, I tell you, all mine!)

I sense that some of you have gone a bit pale over the course of the last dozen or so paragraphs. “Um, Anne?” a few queasy souls inquire. “You’re kidding about expecting me to have an intelligent discussion of all of this with my agent in the first 30 seconds after he’s offered to represent me, right? Couldn’t I just agree to let him represent me, and sort all of this out later?”

Well, of course you could — and truth compels me to say that most aspiring writers just blurt out “Oh, God, YES!” before finding out anything about the terms to which they’re agreeing at all. I can completely understand this, even if I deplore it: mistrust is the last thing on your mind when you are thrilled to pieces that a real, live agent wants to represent YOU.

Trust your Auntie Anne on this one, though: honeymoons do occasionally end, and not generally because anyone concerned has done anything nefarious. As I mentioned above, agents move from one agency to another all the time (if this happens, you will need to know with whom you have a contract, the agency or the agent; either is possible), and it’s not unheard-of for an agent to stop representing a particular genre even though she has clients still writing and publishing in it. Writers occasionally develop a sudden urge to compose a book in a category for which their agents do not have current contacts.

This is, in short, one contract to read with your glasses ON, and paper by your side to jot down questions. Then pick up that piece of paper, get yourself to a telephone, and start asking.

If you do not have an opportunity to see a copy of the agency contract before having your first serious conversation about your future with your new agent (as will probably be the case; many agents are notoriously slow in sending out representation agreements), do make a point of asking the agent for a brief overview of its major points. Again, it’s merely good sense whenever you are going to deal with a business with which you are unfamiliar, and it would never occur to a reputable agent to take your caution at all personally.

Because, you see, by being cautious, you’re not calling the agent’s integrity into question, but making sure you know precisely what she is proposing that you do together. After all, the agent almost certainly will not have been the person who wrote the contract; the agency will have an established boilerplate. Naturally, it is in an honest agent’s best interest for a prospective client to understand the contract-to-be well enough to abide by its provisions.

Allow me to repeat something I dropped into the middle of that last paragraph, because it comes as news to a lot of newly-agented writers: unless your future agent happens to own the agency, it is the agency — not the agent whom you are prepared to love, honor, and obey for as long as you shall write and she shall sell — who will set the terms of your relationship. The agent who is being so nice to you on the phone may not be the only agency employee who will be dealing with your work.

What might other people’s involvement entail? Well, among other things, the agency, and not merely the agent, is going to be handling every dime you make as a writer — and furthermore, telling the fine folks at the IRS all about it.

Remember, your publisher will be sending your advance and royalty checks to your agency, not to you personally. (I talked a bit earlier in this series about how writers get paid for their work, but for a more in-depth examination, please see the ADVANCES and ROYALTIES AND HOW THEY WORK categories on the list at right.) If your work is going to be sold abroad, the agency will turn your book, your baby, over to a foreign rights agent of ITS selection, not yours – and will be taking a higher percentage of your royalties for those sales than for those in the English-speaking parts of North America, typically. And the agency is also going to be responsible not only for keeping the government informed about all of these transactions, but also preparing those messily-carboned royalty forms that you will be submitting with your taxes.

That’s a whole lot of trust to invest in people who you may never meet face-to-face, isn’t it?

Did I just hear a giant collective gasp out there? I hate to be the one to break it to you, but many authors never meet their agents in person; it’s not as though the agency will fly a prospective client from California to New York just to get acquainted. Since almost everything in the biz is handled by phone, e-mail, or snail mail, face-to-face contact is seldom necessary.

The result? Well, it’s not a scientific sample, of course, but I know plenty of writers who couldn’t pick their agents, much less the principal of their agency, out of a police line-up. (Not that you really want to be in the position to hiss, “That’s she, officer. SHE’S THE ONE WHO DIDN’T MAIL MY ROYALTY CHECK,” but still.)

Ideally, you want relationships with both your agent and agency so comfortable that you have no qualms — and no need to have any — about simply handing the business side of your writing over to them and letting them get on with making you rich and famous. (Which you already know that no agent cannot legitimately promise up front, right?) So perversely, while asking a whole lot of pointed questions at the outset may seem mistrustful, doing so will actually substantially INCREASE the probability that you’re going to trust and respect your agent a year or two down the road.

Do find out whether you are signing with the agency as a whole or with the agent specifically: contracts come both ways. As I mentioned in passing above, agents move around all the time, and some agencies can have pretty short lifespans.

If your agent retired, for instance, would you still be represented? What about if your agent started an agency of her own? Or, heaven forefend, died or decided to scrap her career and follow the Dalai Lama around for a decade or two?

Yes, I actually do know authors to whom each of these things has happened; thanks for asking.

Again, agencies vary quite a bit. Some are set up so the royalty money all goes into a common pool, funding the entire agency, and some are run like hairdressing establishments, where each chair, so to speak, houses an independent contractor, and no funds are mixed.

Why should your agent’s employment arrangements concern you? Well, if you are the client of an independent contractor-type agent, if she leaves the agency, you more or less automatically go with her. If your contract is with the agency, you probably will not. If your agent has a track record of agency-hopping every couple of years — as many junior agents do; it’s a smart way to build a professional lifetime’s worth of contact lists — may I suggest that this is a contractual arrangement that may affect your life pretty profoundly?

Be very wary of an agent who is not willing to offer you a written contract. Contrary to popular belief, verbal contracts may be binding (if some consideration has changed hands as a result of it, as I understand it; if you handed someone a $50 bill and the keys to your car after the two of you had discussed his painting a mural on the passenger-side door, I’m told that could be construed as a contract, even with nothing in writing, but you should definitely talk to a lawyer before you attempt anything so zany), but as I MAY have pointed out, oh, 1800 times in the last 3-plus years, this is an industry where the power differential tends not to fall in the writer’s favor until after she is pretty darned well established. Protect yourself.

Do assume, however, that you may never see another copy of the contract again after you sign it. Make yourself a photocopy — yes, even before the agent has countersigned it — so you may refer to it later.

I know that this post has occasionally read as if half the agents out there are evil trolls, waiting under every bridge into Manhattan in the hope of defrauding innocent authors, but I am only trying to get you to put up your antennae before entrusting your precious manuscript to just anyone. The vast majority of agents honestly are good people who love good writing and want to help writers – but as in every profession, not all of them are scrupulous about fulfilling their obligations toward their clients. It behooves us all to be cautious.

Please, when the time comes: don’t be so flattered by an agent’s attention that you just agree to everything you are asked — or contractual provisions you don’t know exist. That’s how good writers get hurt, and I don’t want to see it happen to any of you.

I had meant to get to what agents do with manuscripts after the contract is signed, but I seem to have run long. It will have to be a topic for another day. In the meantime, keep up the good work!

Getting good feedback, part VIb: not all mysterious strangers are romantic

Or, this raccoon-visitoris not the same thing as this valentino

I meant to get back to our series on how to find useful feedback on your manuscripts — or, more precisely, to my mid-series digression on protecting your work whilst sharing it — over the weekend, or at any rate yesterday. (Happy post-Presidents’ Day, everyone.) However, my Significant Other harbors some absurd prejudice in favor of our spending Valentine’s Day weekend together. Where do kids these days pick up such zany ideas?

I’m mention this not for the sake of romantic one-upsmanship, but as an explanation to those of you new commenters who may have been trying to chime in over this particular weekend. For those of you new to the blog: in order to prevent the truly epic amount of spam I receive from wasting everyone’s time in the comments, my blogging program requires that I personally approve posts by all first-time commenters. As a result, freshman comments sometimes take a few days to post.

It’s the nature of the beast, I’m afraid.

Over the weekend (which I must admit was probably significantly more romantic than it would have been had I kept sitting down to blog; my SO was quite patient while I held an editing client’s hand through a no-fault-of-her-own literary crisis), I was thinking of you, however. To be specific, I was thinking that it had been quite some time since I asked one of the most basic questions that must be faced by writers in the computer age:

When was the last time you backed up your hard disk — or, more importantly for our purposes, your writing files?

Like, say, the ones containing the novel you’ve been writing for the past two years, or the contest entry you’re planning to pop into the mail next week? If you didn’t make a back-up either today or yesterday, may I cajole you into doing it soon?

How soon, you ask? Well, not to be alarmist, but would now-ish work for you?

I’m quite serious about this; go ahead. (If you’re new to backing up your work, the BACK-UP COPIES category at right may prove helpful.) I’ll still be here when you get back, languishing on my chaise longue.

What’s with the urgency, you ask? I could answer in philosophical terms — he things of this world are, after all, ephemeral, and computer files even more so — but frankly, my reason for nagging you about it periodically couldn’t be more practical. I’ve seen far too many writers lose weeks, months, and even years of good work due to various stripes of computer failure. As a freelance editor, I can’t even begin to tally up the number of times clients have called me in tears, begging me to search my files for a hard copy of an earlier draft of their books, because the only soft copy fell victim to a virus or hard drive meltdown.

Ask anyone who works in a computer repair facility: with even the most reliable system, it’s not a matter of if it will break down; it’s a matter of when. In picking the day of demise, computers are notoriously disrespectful of a writer’s imminent deadlines, requests from agents, or even the joy that accompanies finally polishing off a complete draft. In fact, if the moans I’ve heard over the years are a representative samples of those let down by their computers, the heavy use a computer often sees just prior to the end of a major writing project seems to be conducive to bringing on system misbehavior.

Which leads me to ask again: if your hard drive died right now, would you have a copy of your current writing project? What about of that query letter you spent two months composing, or that synopsis that took you a year to perfect? Would you even have an up-to-date record of whom you queried when?

Ah, that made you turn pale, didn’t it?

Please, even if you save nothing else on your computer, make frequent backups of your writing. It only takes a few minutes, but some day, you may be deeply grateful that you did.

Back to the topic at hand — which, as it happens, will also make me sound like your mother and might make you turn pale with dread. Last time, I broached the always-hot subject of protecting one’s writing from poachers, including — and this is why we’re talking about this in the midst of a series on finding good feedback-givers — unscrupulous folks with whom you might choose to share your unpublished manuscript.

Once again, I’m not a lawyer, nor do I play one on TV, so if you were looking for actual legal guidance on a specific copyright-related matter, you’d be well advised to get advice from one who specializes in giving legal advice to such legal advice-seekers.

Everyone got that? Good.

We can, however, go over some general principles here. To see how well I made my points last time, here’s a little quiz:

Rudolf Valentino (hey, it was just Valentine’s day, after all) has written a tender novel with the following plot: boy meets girl; boy loses girl over a silly misunderstanding that could easily have been cleared up within five pages had either party deigned to ask the other a basic question or two (along the lines of Is that lady holding your hand your sister or your wife?); boy learns important life lesson that enables him to become a better man; boy and girl are reunited.

Having composed such an original story, our Rudolf, being a sensible boy, seeks out other writers to give him feedback on it, or at any rate to help him figure out why the first 74 agents he queried did not find this plotline unique enough to pique their interest. He joins a writers’ group; he posts excerpts of his first chapter on an online critique site; he sidles other romance-writers in the hallways and charms them into reading his book and giving him their honest responses. (Our Rudolf can be pretty persuasive, you know. If you don’t believe me, see SON OF THE SHEIK.) Soon, several dozen copies of his manuscript are circulating throughout his extensive acquaintance, both in hard copy and electronically. He receives feedback from some; other copies disappear into the ether.

At what point in this process should Rudolf begin worrying about protecting his writing — and at what point running, not walking, toward an attorney conversant with copyright law with an eye to enforcing his trampled-upon rights?

(a) When he notices that a book with a similar plot line has just been published?

(b) When he notices that a hefty proportion of the romantic comedy films made within the last hundred years have a similar plot line?

(c) When a fellow member of his writing group lands an agent for a book with a similar plot line?

(d) When he picks up a book with somebody else’s name on the cover and discovers more than 50 consecutive words have apparently been lifted verbatim from a Valentino designer original?

(e) Before he gave it to anyone at all?

Let’s take the point where he should be consulting a lawyer first. If you said (d), clap yourself heartily upon the back. (I know it’s tough to do while simultaneously reading this and making a back-up of your writing files, but then, you’re a very talented person.) The last time I checked, anything beyond 50 consecutive words — or less, if it’s not properly attributed — is not fair use. After that, we’re into plagiarism territory.

If you said (c), you’re in pretty good company: at that point, most writers would tell Rudolf that he should be keeping a sharp eye upon that other writer. It would be prudent, perhaps, to take a long, hard look at the other writer’s book — which, as they’re in the same critique group, shouldn’t be all that hard to pull off.

But should plot similarity alone send him sprinting toward Lawyers for the Arts? No. Plot lifting is not the same thing as writing theft.

Why? Everyone who read my last post, chant it with me now, if you can spare time from making that backup: because you can’t copyright an idea for a book; you can only copyright the presentation of it.

That doesn’t mean that there aren’t a few small steps that Rudolf might take to protect himself. Unfortunately, most of those steps would need to be taken prior to the point of discovering that some enterprising soul had made off with his writing.

Hint: the answer to the first question in the quiz, the one asking when a prudent Rudolf should begin thinking about protecting his manuscript, is (e). Especially — and this doesn’t happen as much in the age of computers as it did in the age of typewriters, but the warning still bears repeating — if Rudolf was circulating his only copy.

(That couldn’t happen to you, of course. You have a back-up of your writing files tucked away somewhere safe now, right?)

As I mentioned last time, the single best thing you can do to protect yourself is to deal with reputable agents, editors, and publishing houses. The problem is, you can’t always tell. The Internet, while considerably easing the process of finding agents and small publishers hungry for new work, also renders it hard to tell who is on the up-and-up. I hope I’m not shocking anyone when I point out that a charlatan’s website can look just like Honest Abe’s — and that’s more of a problem with the publishing industry than in many others.

Why? Well, new agencies and small publishing houses pop up every day, often for the best reasons imaginable — when older publishing houses break up or are bought out, for instance, editors often make the switch to agency, and successful agents and editors both sometimes set up shop for themselves. But since you don’t need a specialized degree to become an agent or start a publishing house, there are also plenty of folks out there who just hang up shingles.

Or, more commonly, websites.

Which is one reason that, as those of you who survived my 2007 Book Marketing 101 series (conveniently collected for those of you who missed it on the category list at right) will recall, I am a BIG advocate of gathering information about ANY prospective agency or publishing house from more than one source. Especially if the source in question is the agency’s website — and if the agency in question is not listed in one of the standard agency guides.

“Wha–?” I hear some of you cry.

Listing in those guides is not, after all, automatic, and like everything else in publishing, the information in those guides is not gathered mere seconds before the book goes to presses. The result: agencies can go in or out of business so swiftly that there isn’t time for the changes to get listed in the standard guides.

That’s problematic for aspiring writers, frequently, because start-ups are often the ones most accepting of previously unpublished writers’ work. But because it is in your interests to know precisely who is going to be on the receiving end of your submission — PARTICULARLY if you are planning to query or submit via e-mail — you honestly do need to do some homework on these people.

Happily, as I mentioned last time, there are now quite a few sources online for double-checking the credibility of professionals to whom you are considering sending your manuscript. Reputable agents don’t like disreputable ones any more than writers do, so a good place to begin verifying an agent or agency’s credibility is their professional organization in the country where the agency is ostensibly located. For the English-speaking world:

In the United States, contact the Association of Authors’ Representatives.

In the United Kingdom, contact the Association of Authors’ Agents.

In Australia, contact the Australian Literary Agents Association.

I couldn’t find a specific association for Canada (if anyone knows of one, please let me know, and I’ll be delighted to update this), but the Association of Canadian Publishers’ website does include information about literary agencies north of the border.

Not all agents are members of these organizations, but if there have been complaints from writers in the past, these groups should be able to tell you. It’s also worth checking on Preditors and Editors or the Absolute Write Water Cooler, excellent places to check who is doing what to folks like us these days. Writer Beware, a website sponsored by the Science Fiction and Fantasy Writers of America, provides a wealth of resources for those who want to learn about scams aimed at writers.

In case it might influence the decision-making process of those of you quietly rolling your eyes at the prospect of investing even more of your scant writing time in researching folks whose ostensible purpose in life is to help writers, I should add: all but the last site I listed are also pretty good places to learn about agents’ specialties, on the off chance that you might be looking for someone to query now that the Great New Year’s Resolution Plague of 2009 has receded into memory.

Again, I just mention. And have you done that backup yet?

As with any business transaction on the Internet (or indeed, with anyone you’ve never heard of before), it also pays to take things slowly — and with a massive grain of salt. An agency or publishing house should be able to tell potential authors what specific books it has handled, for instance. (In the U.S., book sales are a matter of public record, so there is no conceivable reason to preserve secrecy.)

Also, even if an agency is brand-new, you should be able to find out where its agents have worked before — in fact, a reputable new agency is generally only too happy to provide that information, to demonstrate its own excellent connections.

Also, reputable agencies make their money by selling their clients’ books, not by charging them fees. If any agent ever asks you for a reading fee, an editing fee, or insists that you need to pay a particular editing company for an evaluation of your work, instantly contact the relevant country’s agents’ association. (For some hair-raising examples of what can happen to writers who don’t double-check, please see the FEE-CHARGING AGENTS category at right.)

Actually, anyone asking a writer for cash up front in exchange for considering representation or publication is more than a bit suspect — not only according to me, but according to the AAR. Unless a publisher bills itself up front as a subsidy press (which asks the authors of the books it accepts to bear some of the costs of publication) or you are planning to self-publish, there’s no reason for money to be discussed at all until they’ve asked to buy your work, right?

And even then, the money should be flowing toward the author, not away from her.

With publishing houses, too, be suspicious if you’re told that you MUST use a particular outside editing service or pay for some other kind of professional evaluation. As those of you who have been submitting for a while already know, reputable agents and editors like to make up their own minds about what to represent or publish; they’re highly unlikely to refer that choice out of house. And any reputable freelance editor will be quite up front about the fact that while professional editing can help make a manuscript more publishable, it’s not a guarantee of publication.

Generally speaking — to sound like your mother for yet another long moment — if an agency or publisher sounds like too good a deal to be true, chances are that it is. There are, alas, plenty of unscrupulous folks out there ready to take unsuspecting writers’ money, and while many agencies and publishers do in fact maintain websites, this is still a paper-based industry, for the most part.

In other words, it is not, by and large, devoted to the proposition that an aspiring author should be able to Google literary agent and come up with the ideal fit right off the bat.

Do I hear some more doubtful muttering out there? “But Anne,” I hear many voices cry, “I certainly do not want to be bilked by a faux agency or publishing house. However, I notice that you’ve been talking about such disreputable sorts conning me out of ready cash, not potentially walking off with my submission. Weren’t we discussing about protecting our writing, not our pocketbooks?”

Well caught, disembodied voices — and that’s part of my point. The fact is, if an unscrupulous agent or editor were seriously interested in defrauding aspiring writers, stealing manuscripts would not be the most efficient way to go about it. Historically, direct extraction of cash from the writer’s pocket has been the preferred method.

But that doesn’t mean that a savvy writer shouldn’t take reasonable steps to protect both her pocketbook AND her manuscript. Even during a period where the legitimate literary agencies are being so cautiously selective, an aspiring writer should never front money for professional services without knowing precisely what s/he is getting in return. Take the time to do your homework.

Oh, and make backups regularly as well. Imagine Rudolf’s embarrassment if he had to admit to his wide circle of blandished acquaintance that he was the only one of them who didn’t possess a copy of his manuscript.

Next time, I shall delve into manuscript protection itself, I promise — and, shortly after that, return to our larger topic, tracking down sources of good manuscript feedback. In the meantime, keep up the good work!