Posted on - 11 Comments on Just what am I getting myself into? Part VII: but what happens if an agent says yes? (After the celebration dies down, that is.)

Just what am I getting myself into? Part VII: but what happens if an agent says yes? (After the celebration dies down, that is.)

Those are jolly images, are they not? And not a moment too soon, I suspect: after our recent determined march through some hard realities faced by writers hoping to get a book published in the current hyper-competitive literary market, I shall be devoting today’s post to a much, much happier topic: what happens after an agent decides to sign a writer to a representation contract.

Actually, let’s kick off the festivities by talking first about the offer itself. First, it will not be in any way ambiguous: few interpersonal communications in the English language are less susceptible to misinterpretation than, “I love your manuscript, and I want to represent it.” Second, a writer is under no obligation to respond to such an assertion with an equal lack of ambiguity, or even to say yes or no throughout the course of the entire conversation.

Although truth compels me to say that the most common writerly instinct is to blurt out an instant “Oh, God, YES!”

Already, I spot some hands in the air. “Um, Anne?” inquire the many, many writers shy enough to prefer communication in writing, “when you say conversation, you don’t mean that I’ll actually have to TALK to the agent of my dreams, do you? One of the reasons I chose to query by mail/e-mail, rather than by marching into a writers’ conference and giving a verbal pitch, was so I could let my pages speak for themselves, while I remained at a safe distance.”

Some agents share your preference, shy ones, when it’s a question of querying or day-to-day agent-writer communications, but in practice, it’s relatively uncommon not to have an actual conversation prior to signing. 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. This means, unfortunately, that this particular bit of good news seldom arrives in a SASE — that’s a self-addressed, stamped envelope, for those of you new to the querying game, and it should be included in every mailed query packet you ever send.

Lest that scare any of you into resolving never to open a returned SASE again: other types of good news do in fact regularly arrive in them. The most common: a request for manuscript pages or a book proposal, based upon that stellar query packet.

But you’re not thinking about that SASE, are you, oh shy ones? You’re thinking about that interminable moment immediately after you pick up the phone and realize that it’s the agent of your dreams.

Why interminable, you ask? Because if you’re like most aspiring writers, you’ll be straining every nerve to prevent yourself from shouting “Oh, God, YES!” before the agent actually has time to make the offer. That’s why, if you have manuscripts out circulating amongst agents, it’s a good idea to give a little advance thought to what you might say during that conversation.

Other than…oh, you know your line by now. Unless you are in the habit of receiving good news on this scale with aplomb, it would be prudent to prepare for this moment.

Seriously, it’s to your advantage to have a few discussion points prepared. When the agent of your dreams calls to offer to represent your book, 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.

Another that surprisingly few writers think to ask in the moment: “What do you like best about my book?” This is not just an ego-gratifier: to an agent, this is a marketing question, an invitation to talk about target audience and why your book is likely to appeal to it. (For a few other questions you might consider asking, check out the posts under the obscurely-named WHAT TO ASK AN AGENT WHO OFFERS TO REPRESENT YOU category on the archive list at right; the US agents’ guild, the Association of Authors’ Representatives, also has a good list on its website.)

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!” Unfortunately, of those dozens, quite a few had manuscripts out with more than one agent at the time; as soon as they stopped being giddy, they realized that they had shouted that all-important syllable of agreement not to the agent they were convinced would be the best fit for their respective books, but simply the one who asked first to represent them.

Yes, yes, I know: it sounds like a problem that every aspiring writer would like to have. But what does that writer do a week later, when another agent calls with a similar request?

This is not the right time to inform an agent who has been reading your manuscript that another agent is considering it, by the way; trust me, it will not engender a pleasant response. If more than one agent is reading your manuscript pages or proposal, it’s the writer’s job to make sure that all of them are aware of it as soon as the situation arises.

How, you ask? How about mentioning it in the cover letter you send out with submission packet #2, and every submission thereafter? While a bread-and-butter statement like please be aware that other agents are also considering this manuscript might not win any points for originality, it will get the job done. As will simply sending an e-mail or note to Agent #1 just after you popped a requested materials in the mail to Agent #2, saying something like I just thought you would want to know that another agent is now also considering my manuscript.

Trust me, Agent #1 will want to know.

Another way you might want to occupy yourself and all of that nervous energy between submission and acceptance: doing a bit of homework on what agents actually do — and cannot do — for a writer. Most aspiring writers have only a fuzzy idea what the representation relationship entails, over and above simply selling one’s book to an editor at a publishing house. In reality, the writer-agent relationship is quite a bit more complicated than that — and the clearer your understanding of it is, the more fruitful that initial conversation with your new agent will be.

Why, here’s a brief overview of what that understanding might entail now. Who could have anticipated that?

Some things a reasonable writer should expect a reputable agent to do:

*Present the 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 the client on how to make the manuscript or book proposal more marketable to editors,

*Negotiate the terms of the publishing contract, including royalty percentages, serial rights, electronic rights, and foreign rights, as necessary and appropriate,

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

*Provide both the client and the appropriate tax entities reliable and accurate statements of yearly earnings,

*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 your caller 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,

*Guarantee a certain minimum advance for the book if it sells,

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

*Force the publisher to drop requests for manuscript revision, or

*Make a writer rich and famous overnight.

I sensed some of you squirming in your chairs as you read through those lists — 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, and one that fully deserves an answer: because every agency operates slightly differently. You actually do need to know your future agent’s — and future agency’s — quirks in order to work with them well. Don’t rely upon the agent to mention these preferences spontaneously in your initial conversation, however: remember, to the people who work within a particular agency, their way of doing things may seem so normal to them that it doesn’t call for explanation.

If asking about particulars seems a bit confrontational for a first conversation with someone you really, really want to like you, don’t worry: this isn’t a negotiation. You’re asking how this person would like to work with you, that’s all. And that’s completely appropriate, because your future agent honestly does need you to understand her process.

You will also be happier if you understand it, especially if you are lucky enough to be juggling competing offers of representation. It’s entirely possible that nice Agent #1, the one who is calling today, embraces a quite different selling strategy than that delightful Agent #2 who is still reading your submission. For instance, 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 the common nonfiction approach of submitting simultaneously to eight or ten editors. Nor is that the only possible variation from agency to agency: 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.

This is all simple factual information that you have a right to know, by the way; as long as you inquire politely, a legit agent should regard these questions as routine, both up front and after you have a copy of the representation contract in your hot little hand. It’s also factual information that is unlikely to be on the agency’s website, so asking about procedures, practices, or what the representation contract actually calls for may be the only way to find out.

At least at the point when you will be called upon to make a decision; it’s not at all uncommon for the writer to accept a representation offer without knowing all (or most) of the agency’s specific expectations about what representation would entail. Or even — brace yourself — without having seen the agency contract.

How could that happen, you gasp? Quite simply: an agent calls a writer, and the first words out of the latter’s mouth are, “Oh, God, YES.”

In case I’m being too subtle here: before you pant out those words, or any remotely similar, you can and should inquire about any part of the process you don’t understand fully. Yes, even if it’s a matter I’ve covered in this discussion, because — wait for it — every agency operates differently. (Besides, I am a writer and editor, not an attorney, so none of this should be construed as legal advice. If you have serious legal questions about the agency contract in front of you, I would urge you to consult a lawyer who specializes in such matters.)

So when the phone rings, take a nice, deep breath, reach for that list of questions you have so thoughtfully prepared, and start asking. Keep your tone respectful, please, and remember, you’re doing this to gather information, not to try to wrangle your way into better terms.

Whatever you hear, 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!”) Remember, too, that you are under no obligation to say yes or no immediately. If you have lingering questions, want some time to think about what you’re hearing, or would like to see what the other agent(s) who has your manuscript have to say after you tell them that there’s an offer on the table, it’s perfectly legitimate to put off a decision.

Or even, on the off chance that the phone rings before you’ve had a chance to work up a solid list of questions, to say, “Gee, Agent #1, I have a million things to ask you, but I’m just on my way out to a doctor’s appointment/work/my nephew’s bar mitzvah. Could we set up a time to chat at greater length?” You could then, in theory, hang up the phone, frantically do some research about the agency, and be prepared to have a productive conversation by the arranged chat time.

Speaking of questions, I sense that some of you are harboring a major one. “But Anne, if I honestly do need to know about the agency’s practices, I still don’t get why I have to ask. Shouldn’t such details be spelled out in the agency contract?”

Ah, that is a question that has long caused philosophers to scratch their heads in wonder. In fact, representation contracts are often downright vague about what the agent will actually do with the manuscript. This is generally for convenience’s sake, though, not to confuse prospective clients. Especially in the current volatile literary market, an agent may well need to change strategy in order to sell a particular book.

Most agency contracts are easy-in-easy-out affairs for both parties, so it’s highly unlikely that you’ll get stuck permanently in an arrangement you don’t like. Since they do vary (out comes the broken record again), it’s up to you to check precisely what those terms are. Representation contracts 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.

Had I mentioned that this wasn’t a negotiation? Or that it would be prudent for you to know to what you are agreeing before you say yes?

Some contracts 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, you are going to want to know precisely when the opt-out date is. Mark it on your calendar, just in case. And keep marking it every year, for your own protection.

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, how and when your agent takes his percentage 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 the agency, 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? Or that you ask questions about anything you don’t understand in the representation contract before you even consider applying ink to it?

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 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?”

Well might you wonder. Before I launch into the extensive and rather convoluted explanation required to answer that excellent question, you might want to pop into the kitchen and make yourself some tea, or fluff up the pillows on your ottoman. I’ll wait.

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 she’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 — if you I may have mentioned, 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.

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 he shall sell — who will set the terms of your relationship. To put it another way, 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. Also, the agency is 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 decided to scrap her career and follow the Dalai Lama around for a decade or two? Or, heaven forefend, died?

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

I can only reiterate: 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?

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 or proposal to just anyone. The vast majority of agents honestly are nice people who love good writing and want to help writers –- but as in every profession, there are a few practitioners who are not as scrupulous about fulfilling their obligations toward their clients as one might like. 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’m still spotting some furrowed brows out there. “But Anne, let’s assume that the conversation you mention goes swimmingly, and I do say yes. What happens after that?”

Another good question, brow-furrowers, but one that will have to remain unanswered until next time. Keep up the good work!

Posted on - No Comments on The getting-a-book-published basics, part XVII: the fine art of figuring out what you want, or, planning for life inside the chocolate factory

The getting-a-book-published basics, part XVII: the fine art of figuring out what you want, or, planning for life inside the chocolate factory

Willy-Wonka-in-Chocolate-Factory

We have so much time and so little to see. Wait a minute! Strike that…reverse it! Thank you.

Has this series on how manuscripts move from great idea to publishing contract left your collective heads spinning, campers? It wouldn’t be surprising — as we’ve seen over the past few weeks, the prevailing notion of how, and even why, books get published is frequently at odds with what first-time authors actually experience. I constantly meet aspiring writers who walk in expecting to land an agent with their first query, their agents to generate a bidding war for their books within days of having signed them, their unchanged manuscripts bound and available for sale at Barnes & Noble a month after that, and their smiling visages filling the screen next to Oprah a week later.

It’s the writer’s version of that magical moment in Charlie and the Chocolate Factory when our downtrodden little hero realizes that he — yes, HE — is one of the lucky few who will get to see first-hand how Willie Wonka makes his marvelous candy. Suddenly, all of Charlie’s troubles are over, and a magical world opens up to him.

As those of you who read the book may recall, it wasn’t that simple for Charlie. It isn’t for a writer who lands an agent, either.

Believing otherwise while trying to get published will just leave an aspiring writer feeling astonished, bruised, and undervalued. And hurt feelings aren’t the only danger here: if a writer insists upon clinging to the amazingly pervasive twin fantasies that (a) agents and editors are workers in a non-profit industry solely devoted to the discovery and revelation of literary talent, and (b) therefore the only possible reason a manuscript might meet resistance is low writing quality, he often ends up concluding, wrongly, that it’s not worth his while to keep trying.

Many a marvelous manuscript has been lost to the world as a result. That should sadden all of us who love good writing.

What should a talented newcomer expect instead? Well, for starters, a great deal of homework, to ferret out which agents have the best track records for selling her kind of book and learn how to present her work professionally; a fairly high percentage of rejections on the way to acceptance; an agent who demands changes to the manuscript or book proposal before submitting it to editors; months of submission to editors; further revisions after a publishing house acquires the book, and an expectation that she will have to do a good deal of the legwork to market her own book after it comes out.

In other words, a long, hard road. And when you get inside the chocolate factory, it isn’t all that magical; it’s just a business, albeit a glamorous one.

Accepting that, and learning not to stress too much over the vast majority of the process that’s completely outside a writer’s control, is crucial to writerly happiness. The stress-control method I recommend may not be as immediately appealing as some of the ostensibly sure-fire quick query fixes out there, but it has been road-tested: find out what the pros expect and learn how to present your writing in that way.

I know, I know: I may be fighting a losing battle here, urging creative people to be practical. For many, many writers — published and aspiring both — concentrating on the creation of beautiful prose to the exclusion of dealing with mundane practicalities is not only a way of life; it’s a point of pride.

Case in point: last April, I was sharing a delightfully steamy bowl of Thai coconut soup with an exceptionally talented author of literary fiction (who shall remain nameless for the nonce, but rest assured, I’ll let you know when his next novel comes out) when the waitress informed us that we had just spent many hours discussing things writerly, and the kitchen would like to close. At the end of a roughly ten-minute discussion of the locations of places that might conceivably be willing to serve us coffee at that hour, the author sighed and said, “Well, maybe I should just go home and start my taxes.”

Since it was by then 10:30 pm on the night before said taxes were due, I naturally assumed that he was joking. Judging from his reaction to my hearty guffaw, though, he hadn’t meant it as a joke: he honestly had not begun to think about his imminently-due return.

I would be tempted to think of this reluctance to plan for the hard realities of life as merely part of his substantial and complicated personal charm, but the fact that most of the working artists of my acquaintance seem to indulge in this particular form of procrastination leads me to suspect that it may be endemic to our breed of creative dreamers.

Let’s face it: as a group, we tend to defer serious thought on the business side of being an artist until we actually find ourselves in the situation, don’t we? As we’ve discussed throughout this series, many, if not most, aspiring writers long for publication with a major house, but don’t take the time to learn what that would actually mean in practical terms, let alone prepare for it.

For example, several years ago, I had the great pleasure of teaching a class on how to craft attention-grabbing queries to a room stuffed to the gills with intelligent, well-read writers. These folks had really done their homework, and most of them had novels, memoirs, and nonfiction proposals very close to being ready to be sent out the door.

As widely diverse as their writing projects were, I was struck, as I always am, by the great similarity of their descriptions of their dream agents. Everyone, without exception, wanted a well-established agent at a well-known agency to fall in love with the book in question, particularly with the writing, and represent it with intelligence and verve.

“That’s great,” I said, when the last student had expressed this hope. “What else do you want from your agent?”

The room fell silent, as if I’d just said something tremendously rude. And no wonder: like most aspiring writers, my students wanted desperately to believe that once Willie Wonka had cracked the gate for them, all of their dreams would come true.

I am used to this; it always happens at this point in my classes. “What about an agent with experience in selling your type of book?” I suggested. “An agent who has built up the connections to be able to get your book or book proposal under the right eyes right away?”

Well, yes, the students conceded, that would be nice. As we discussed why that might be a plus, however, I could tell that they were uncomfortable with the prospect of adding something this specific to their wish lists — an interesting reluctance, considering that as we saw earlier in this series, an agent who does not have those connections is going to have a significantly harder time selling a writer’s manuscript than one that does.

So I persisted: “What about an agent who is hungry? Would you be happy to be represented by someone with a hundred clients, so the success of your book will be only a small proportion of her year’s income, or would you prefer to be one of twenty, where each sale counts more to the agent?”

This one was difficult even to get the students to talk about in theory, let alone express a personal preference; again, these are bright, talented, well-read people, yet their body language made it obvious that the very idea of setting anything but the most minimal expectations for representation scared them a little. It was unfamiliar territory, and in a sense, by even asking them to think about it, I had broken one of the most sacred of the writers’ conference taboos: implying the possibility that not every agent who likes an author’s work is necessarily a good fit for it.

This truth is so important to a writer’s happiness in working with an agent that I’m just going to go ahead and restate it as a rule: a writer needs not just any agent to represent her work; she needs the right agent.

Given that most aspiring writers give up before they’ve given their manuscripts a sufficient chance to succeed, I’m going to round out this series by talking about how they can falter after they do succeed, at least at clearing the first major hurdle on the path to publication. Today, we’re going to discuss the often astonishingly disorienting moment when a writer receives an offer of representation.

Yes, yes, I know: we’ve already talked about this. I’m revisiting it because in this decision, above all others, it’s vital for a writer to be practical, rather than romantic.

Because, really, do you know much more about what goes on in that agency than what Charlie knew about how Willie Wonka made his chocolate? Most of the time, all a writer offered representation really knows is that the agent in question sells books to publishers for a living.

Pardon me for asking, but are there Oompah-Loompahs involved?

Seriously, process is important to consider. As we discussed earlier in this series, how an agent chooses to handle a manuscript can have almost as strong an impact upon its market prospects as whether he chooses to handle it in the first place. It’s not all that uncommon for good writers to end up feeling that their careers are being stymied by agents who, while not actually bad at their jobs, at least do not apparently share the same goals for the book in question. Anyone who has ever attended a writing conference has probably met at least one writer who gave her soul to an agent for a year or two, only to find herself dropped when the book did not sell right away.

For a writer who has yet to find representation — and if you are one of these, don’t be hard on yourself; there are plenty of brilliant writers out there who are unrepresented or between agents — it may be hard to feel sympathy for a writer in this situation. After a long, hard spell of querying and/or submission, ANY agent willing to represent a book can start to look pretty good. So when the aspiring hear such complaints, they may be tempted to conclude that if the complainer’s book did not sell, or if the agent stopped sending it out, or if the agent never sent it out at all, it was because the manuscript itself had some irredeemable fault.

Sound familiar? They should: if you’ve ever queried or submitted, you’ve probably heard one or more of them ringing in your head throughout countless hours of self-doubt. They’re the same set of justifications aspiring writers often level at themselves when their queries or submissions don’t immediately get picked up.

Whether the writer thinks these things of herself or others think it of her, these unwarranted critiques stem from the same source — those twin fantasies I mentioned above, the myths about how publishing is supposed to work. And why shouldn’t we think that of one another? Most of the writing manuals and pretty much all of the classes and conferences teach us to believe that the blame must lie with either the book or the writer.

There is a perfectly good reason that this is the case: what the manuals and experts are selling, generally speaking, are ways in which the writer can alter the book, the pitch, the query letter, even her own work habits, in order to make the book more marketable. Many, many self-styled experts make quite good livings in this manner.

And more power to the ones who are gifted at it, I say: when aspiring writers improve the aspects of the road to publication that actually lie within their control, while learning not to obsess about the myriad aspects of querying, submission, marketing, and publication that are utterly outside the author’s ability to affect them, the process becomes not only easier, but substantially less frightening. Like using language correctly and effectively, promoting one’s writing utilizes a set of learned skills.

I regularly teach this type of class myself (for both writers’ organizations and small writers’ groups, should any of you be interested), regarding it as a way to arm writers with the tools that will help them succeed in a genuinely difficult endeavor: getting their work noticed by people who can bring it to publication. After all, it would make little sense to teach Ten Tips on Being a Better Agent or Sharpen Your Eye for Talent: Make Yourself a Better Editor to groups of aspiring writers. The fact remains, though, that even the best-prepared author of the best-written book is hugely dependent upon the skills, tastes, and connections of her agent and ultimately, her editor.

The power that agents wield has gone up astronomically within our lifetimes, as we saw earlier in this series. The reason for this easy to explain — the consolidation of the major publishing houses, abetted by fears about the recent contraction of the economy and the perceived threat of electronic publication — but hard for a gifted writer trying to break into the biz to accept. Agents and editors at small publishing houses (who sometimes also prefer to work with agented writers, but often make exceptions) have become the arbiters of what does and doesn’t get published in the United States. The editors at the major houses see only a hand-picked minority of the writing actually being produced.

This should all sound familiar to you by now, right? Since you are already aware of the importance of having an agent, I shall not continue to harp upon this point, except to say: since the author now does not participate in the selling process, it is more vital than ever to find an agent who will represent your work well.

Whenever I point this out to my classes, however, my students do not like this conclusion at all. “If an agent loves my work,” one of them will inevitably ask, “won’t he automatically represent it well?”

The short answer is a resounding NO, but the long version requires a two-part answer. First, a certain percentage of the people working in any field will be still learning how to do it, and in the publishing industry, where success is so heavily based upon connections and luck, the agent who likes your book best (or, as usually happens, the one who likes your book FIRST) may not necessarily be the one with the right connections.

Thus, that story writers so often hear at conferences: the agent falls in love with a book, signs the author pronto, sends the book out to an editor or two — then sits helpless after the first few contacts reject it.

Since it is traditional for a book to be submitted to only one editor at each imprint, having your work sent out by an agent with the wrong contacts may actually endanger its chances of being seen by the right editor. Especially if the agent has a track record of giving up after just a handful of submissions.

What may an aspiring writer learn from this? As with querying, until a manuscript has been circulated for a while, no one can really say for sure how marketable it actually is.

The second answer to the question is less well-recognized amongst writers. Now, it is the norm for good agents to ask for significant revisions on a book or a book proposal before sending it out to editors. Effectively, this means that the agent you choose — and who chooses you — is your first editor.

Which means — chant it with me now, campers – it is absolutely vital to sign with an agent whose taste and integrity you trust.

I want to get the word out there about the edited-by-the-agent phenomenon, because I have found that most unagented writers are quite unaware of it (or were before we discussed it in this series). Not all agents require up-front revisions, but a significant minority amongst those who work with previously unpublished writers do. I spent the first two and a half months of my memoir’s representation contract revising and re-revising my book proposal, at her behest; one of the best novelists I know spent a YEAR AND A HALF in agent-required revisions before her agent so much as photocopied it.

Other agents prefer to suggest only minor tweaking before sending out the first round of submissions, then, once they have garnered significant editorial feedback, ask the author to revise the book in accordance with the changes editors said they would like to see. (Be warned in advance: if three editors saw it, in all probability two of them will ask for mutually contradictory changes. A good agent can help you figure out which advice is worth taking.) Here again, many first-time authors are astonished to find themselves, a year or two after signing with a terrific agent, still in the throes of revising an as-yet unsold book.

Naturally, I explain all of this to my classes. By this point, my students are usually sitting speechless, aghast and disappointed. As much as I would like to reassure each and every one of them that their work would sell well and immediately, the fact is, a quick sale of an unrevised work to a major publishing house has become quite rare.

As I MAY have intimated once or twice earlier in this series, I think it is quite unfair to aspiring writers everywhere that the prevailing wisdom so often says otherwise. Yes, from the agents’ and editors’ points of view, publishing is a fast-moving business, but from the authors’, it sometimes seems as if it barely runs on electricity.

I feel a trifle disingenuous saying this, because actually, my first book was one of the few exceptions: from winning a major nonfiction award at a conference to signing with my agent to book sale was only eight months, positively lightning speed. To put this in perspective, though, my book was only being circulated to editors for the last two of those months. The period between when I signed the agency contract through when the book was first sent out to editors was entirely devoted to tweaking my book proposal my agent’s behest.

Let that sink in for a moment: that revision time was unusually rapid, with my getting pages back to her significantly prior to the deadlines we had agreed upon.

This realization, as you may well imagine, made my students groan, as it would many writers. We all like to think that once the inspiration fairy has bonked us on the head often enough to get us to churn out a complete manuscript, that’s that. Since attracting an agent’s interest is so very arduous, the vast majority of unagented writers tend to idealize just how much of a relief it will be to sign that contract. (Again, I know I’m reviewing material we’ve covered already in this series, but since this is the last post, I’m entitled to a spot of review.)

“Phew!” these writers tend to think. “I’m working my fingers to the elbow now, but once I sign with an agent, my period of hard work will be over. I can just hand my finished book (or book proposal) to my agent, and wait for her to sell it. And because she will adore my writing, that will happen in a matter of weeks.”

With such expectations, it’s no wonder that so many writers give little thought to the personality of their dream agent: they are not expecting to have much interaction with this paragon. The agent, in this fantasy, is just a one-time broker.

Now that you know from having slogged faithfully through this series that working with an agent is quite a bit more complicated — and lengthier — than that, I ask you the question I put to my students: what do you want your agent to do for you other than to sell your book?

Ponder that for a moment, please. It honestly couldn’t be more important to your long-term happiness as a writer.

Remember a few posts ago, when I mentioned that too many aspiring writers take the time to learn a little about their soon-to-be agent before gasping a grateful “YES!” to that long-awaited offer of representation from someone who may or may not be the agent of their dreams? The best antidote to an uninformed decision, I suggested, is to ask the offerer a few questions: will you be working with the agent directly, for instance, or an assistant? (If the latter, it is definitely worth your while to have a conversation with the assistant before you decide, too.) Will the agent want revisions to what you submitted, and if so, would she be open to setting aside some serious time to discuss them? What exactly does the agent LIKE about your book, your ideas, your writing style? If you are not a person who likes hand-holding, is the agent willing to give you your space to work?

Again, this should all be sounding familiar, right? So why am I bringing up this discussion yet again?

For practical reasons, I assure you. While the answers are important to figuring out how the agent will expect you to work with her, the ensuing discussion actually serves an even more important secondary purpose: it gives you are foretaste of what it will be like in the weeks and months after you sign, when your new agent is ruling your writing life.

Strange to think of your future agent that way, isn’t it? It’s a pragmatic view of working with an agent, rather than a romantic one.

How might a savvy writer go about being pragmatic in this conversation? Well, by asking practical questions. It behooves you, for instance, to make very sure that this person is someone with whom you would be willing to be in frequent e-mail contact; is this a person you would be comfortable picking up the phone to call if you run into problems with your editor? If you’re the type of person who is driven crazy by uncertainty, for whom no news is definitely not good news, you will want to know whether the agent prefers to issue periodic updates on the status of books being circulated, or whether you should feel free to ask whenever the wait starts to seem long. Knowing in advance how frequent contact has to be before the agent starts to feel hounded can save a writer a heck of a lot of chagrin down the line.

Ask about her taste in literature, to get some indication if this is a person you can trust to give you writing feedback. (You should ask the same question, incidentally, of ANYONE you ask for feedback, from your best friend to a freelance editor. If you do not like the same kinds of writing, chances are lower that the feedback will be truly useful to you.) Find out whether the agent likes to give extensive, line-specific feedback, general feedback, or no feedback at all on a manuscript. If you are the kind of writer who hesitates to change so much as a comma without double-checking with someone else, you’ll probably be happier with a heavier commenter.

If, on the other hand, you tend to fly into an ungovernable rage at the slightest suggestion that your work is less than perfect…well, you’re probably going to want to see a doctor about your blood pressure before you sign either an agency or publication contract; the professional writer’s life tends to be stuffed to the gills with agents, editors, marketing specialists, etc., suggesting forcefully that changes really ought to be made to a manuscript. But if you already know that you would prefer to keep editorial input minimal, a more hands-off agent may be a better choice for you.

You should also ask for a current list of clients — listings on agency websites are not always up-to-date — and for a few days to rush to the bookstore and see what those writers’ books are like. (Don’t even CONSIDER skipping this step; skimming over the first chapter of several of an agent’s clients’ books can tell you a great deal about both her literary tastes and how heavy-handed an editor she is.) You would even be well within your rights to ask if the agent to pass your phone number along to another client who writes similar books, so you can chat about what it is like to work with this particular agent.

That’s not to say, of course, that what makes another author happy will necessary work for you. Just as all of our manuscripts are different, so are each of our needs and desires for this peculiarly intimate relationship. It is, however, more information for you to consider as you walk into representation with your eyes wide open.

So I ask you again: what do you want from your agent, other than to sell your books? How do you want to work together? Or, if you’re being honest about it, has your only criterion been that the agent in question would say yes to you?

Bears a bit of thought, I think.

Especially for those of you who are hoping to be career writers, rather than simply the authors of a single, well-respected book. While the common fantasy of being swept off one’s feet by someone spouting fabulous promises of fame, fortune, and a spot on Oprah’s book club list is all very nice, being aware of the realities of how books actually get published, what role your agent will play in that process, and how you would like your work to be handled will enable you to come up with realistic expectations that will help preserve you from the awful fate that often dogs aspiring writers who suddenly find themselves with agent: having gotten precisely what you thought you wanted, yet still feeling disappointed because what you got was not a fairy tale.

Down-to-earth expectations can, perversely, render it easier to achieve magnificent outcomes — and not just for you. If you choose well, aligning yourself with an agent who both has the connections to sell your work, expectations for it that similar to yours, and communication preferences compatible with your own, you’re probably going to end up being a better client. By approaching finding an agent deliberately, cautiously, and with an understanding of your own goals and working style, rather than blindly rushing into a contract with anyone who is interested in representing you, you are much, much likelier to feel supported throughout the publication process — and end up with the results you want.

So investing some thought in figuring out just what it is you do want is writerly time well spent.

If all of this sounds like dating, well, it is: writer-agent relationships often outlast the average marriage. You don’t want to wake up in a year and find yourself in a long-term relationship with an agent who no longer makes you feel your work is special, do you?

Why am I bringing this up at the very end of a dense series on publishing realities, you ask? So you may lift your eyes from the long, hard road to publication and ponder not only the ultimate goal of seeing your book in print, but the professional marketer — which is, after all, what an agent is, right? — you hope will help you get it there.

Congratulations on making it all the way through this long, serious series; I hope it will prove helpful to you. May each and every one of your books end up in the chocolate factory best suited to it.

Next week, I shall get even more practical, delving into the often-misunderstood nitty-gritty of how professional writers present their work. As always, keep up the good work!

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The getting-a-book-published basics, part XIII: submission strategies under a microscope, or, many roads diverged in a yellow wood, and sorry Cerise could not travel them all…

Viewpoint sign

Still hanging in there, campers? I know, I know: this series hasn’t exactly been a beach read. We’ve been covering a massive amount of information — how manuscripts move from a bright idea to the published page, with significant stopovers at the querying, submitting, agency, revision, and publishing house stages — very rapidly, with an eye to bringing those new to trying to get published up to speed as soon as possible.

Why? Chant it with me now, long-time readers: because an aspiring writer who understands how publishing does and doesn’t work tends to have a far, far easier time treading the road to successful authorship than one who doesn’t. Not to mention being infinitely less likely just to give up on a manuscript that really does deserve to see print.

Because it often is a long and complicated road, even for the most brilliant of writers, realistic expectations are, to my mind, one of the most important — and, unfortunately, least often taught — tools in the career writer’s tool bag. Think about it: even if an aspiring writer lands the best agent currently residing in North America for her type of book, won’t it be significantly harder for her to work with that agent if she doesn’t have a clear notion of what good agents do for their clients?

To that end, I waxed poetic last time about the many, many factors that play into an agent’s decision about when and to whom to submit a book. That’s right: I said the agent’s decision: it comes as a great, big, stunning surprise to most newly-agented writers just how little say they have in how the agent handles their work. Or when the agent starts (or finishes) submitting it to editors.

See why I spent the first couple of weeks of this series harping on the importance of finding not just any agent to represent you, but the right one? I can tell you from long, long experience: a writer who doesn’t feel he can trust his agent to know the market well enough to trust her sense of when to submit his manuscript to which editor is not going to sleep well at night.

But let’s say for the sake of argument that the stars have aligned: your agent decides that your book’s submission date has arrived. What happens next?

How agents submit their clients’ work to editors
Your agent (let’s dub her Cerise, just for the heck of it) has made up a list of editors likely to be interested in it, and either spoken with each editor or communicated by letter or e-mail.

Your book is thus expected, a necessary precondition to its getting read in any of the major US publishing houses. Cerise nods her wise head, the agency sends out the manuscript, and you sit down for a nice, soothing month or two (or twelve) of gnawing your fingernails down to the elbow.

But that’s not all there is to the story, not by a long shot. As I mentioned last time, submission strategies differ from agency to agency, and sometimes agent to agent. Some popular choices:

(a) Some agents like to give a manuscript to their top pick for the book and leave it there until the editor in question has said yea or nay. If the answer is no, the agent will send the book out to the next editor on his list, and the process is repeated elsewhere.

While this can be a great approach if the agent happens to have a true sense of what that particular agent might like, it has its downsides. Most notably, time consumption: one-at-a-time submissions can stretch the submission process out, slowing it to a pace that even your average snail would find maddening.

But there’s good reason for that, so kindly resist the temptation to mutter imprecations at the editor under your breath, and still less Cerise: since editors have every bit as much material to read as agents do, garnering a definitive answer on a particular manuscript can take months.

And that’s assuming that the manuscript landed on the best desk for it in the first place. It’s not at all uncommon for an editor to pass a submission along to another editor in-house for which the project might be better suited (or, in the last couple of years, for it to show up in the inbox of the editor taking up the slack for the one who has just been laid off or quit). since most publishing houses employ editorial assistants to screen submissions, it can take a long time for a manuscript to make it up the ladder, as it were.

If you’re thinking that it could conceivably take a couple of years for a book to make the rounds of the relevant editors at the Great Big New York City-Based Publishing House (or, as it’s known around here, GBNYCBPH), congratulations: you’re beginning to understand the wait-HURRY UP!-wait rhythm inherent to the submission process.

Again, try not to take turn-around times personally. A slow response is not necessarily a reflection on your book’s quality, its ultimate marketability, or even how much the editor likes your manuscript. It’s just the way the system currently works.

While you’re pondering that, let’s move on to another submission option Cerise might choose.

(b) Some agents like to generate competition over a manuscript by sending it out to a whole list of editors at once — informing each, naturally, that she is reading the work competitively.

Cerise’s logic on this one: if somebody else is interested in what you have in your hand, it’s more likely to seem desirable to you. Human nature. And to give due credit to Cerise and her Psych 101 professor, she’s often right about this. But that doesn’t always mean a speedy turn-around time: since the editors are aware that other editors are reading it at the same time, the process tends to run a bit faster, but still, the manuscript is going to need to make it past those editorial assistants. Not to mention working its way up that to-read stack on the editor’s desk.

See my earlier comment about turn-around times. It’s not about you.

If you’re now thinking that because there are so few major publishers — and the mid-sized presses keep getting gobbled up by larger concerns — an agent who chose strategy (b) could conceivably exhaust a fairly extensive submission list in quite a short time, and thus might give up on the book earlier than an agent who embraced strategy (a), congratulations are again in order.

Hey, Cerise’s options honestly aren’t unlimited here. Cut her some slack, please.

(c) Some agents will send out a client’s work to a short list of editors — say, 3 or 4 — who are especially hot for this kind of material, or with whom the agent already enjoys a close relationship.

Although this strategy tends to pay off best for well-established agents with excellent connections, as well as those who pride themselves on identifying and pouncing on the latest new writing trend, it is also much favored by agents relatively new to the game. For good reason: its primary advantage is speed; if none of those 3 or 4 is interested in acquiring it, the agent can simply relegate the book onto the inactive list and move on to the writer’s next project.

Those of you who missed yesterday’s post just did a spit-take with your coffee, I’m guessing. “Next project?” writers across the English-speaking world gasp, wiping liquid from their chins, their computer screens, and any of their pets that happened to be passing fifteen seconds ago. “I poured my heart, soul, and two-thirds of my free time into my present book project! I’m just supposed to be able to produce the next one on command? How? By slight-of-hand?”

No, by advance planning. Pull out your hymnals, readers of yesterday’s post, and sing along with me now: it’s always to a serious career writer’s advantage to have another manuscript or two waiting in the wings.

Or at least a well fleshed-out next book idea. And not just because Cerise might decide after just a few tries that your current project would be easier to sell if you already had another book out first. (Hands up, all of you agented writers who have heard this argument, especially within the last couple of years.) It’s also possible that one of the editors will fall in love with your writing style, but decide to pass on the current manuscript.

“I like the voice,” the editor will sometimes say thoughtfully, “but this book’s not right for our list. Has this writer written anything else?”

If Cerise already knows what’s in your writing pipeline, so to speak, she’s obviously going to be in a better position to leap on this opportunity for you. Perhaps less obviously, you are going to be a much, much happier camper if that next book you’ve gushed to her about is already written. Or at least mostly.

Five thousand writerly hands have been waving madly in the air throughout the last two paragraphs, haven’t they? “But Anne!” writers of marvelous prose everywhere shout as one. “Isn’t what we’re selling here our writing? How is it even possible for an editor to love the writing, but reject the book?”

Oh, quite easily; I’ve had this happen to me several times. Remember what I was telling you yesterday about how often and how radically the literary market changes? A novel that would have flown off Barnes & Noble’s shelves three years ago might well be hard to sell to an editorial committee today.

But that novel you finished eight years ago, then set aside after it had that near-miss with the agent of your dreams? You know, the one that your new agent said might be transformable into a good second novel of a two-book deal? The market may well have changed sufficiently that it’s absolutely right for a particular publishing house now.

Chant it with me now, campers: things change. A savvy writer plans for that when strategizing a writing career.

While a third of you are leaping up to scrabble frantically through desk drawers, cabinets, and the recesses of your basements, trying to find the last extant revision of a long-ago novel, why don’t the rest of us get back to the subject at hand?

As I mentioned, short-list submission strategies tend to appeal to gents who pride themselves on keeping up with the latest publishing trends, where speed of submission is of the essence. Unfortunately from a writer’s perspective, it’s also popular with agents who are looking to break into selling the latest hot book category, regardless of what they have had been selling before.

Which, surprisingly, isn’t usually the biggest objection that writers tend to have with this technique. Where conflict usually arises is over different expectations; unfortunately, agents who embrace this strategy are often not very communicative with prospective clients about the logic they have embraced.

Even more unfortunately, lack of communication between agent and writer is not solely the province of the speed-oriented. Even very patient agents often decide after a reasonable number of submissions to table a project until the market is better for it.

Or even — are you sitting down? — to give up on a manuscript permanently. Either way, chances are slim to none that the writer of the book in question will agree in her heart of hearts with the decision.

Predictably, conflict sometimes ensues. It’s even more predictable if the writer had already been of the opinion that his Cerise had held onto the manuscript too long prior to submitting it. Or was submitting it too slowly. Or just didn’t understand in advance what the agent’s submission strategy was.

Doubt that this is stressful for the writer? Ask a few writers whose agents have found their books hard to sell. Actually, If you’ve been to many writers’ conferences, you’ve probably met a writer or two who has been on the creative end of an agent-client relationship like this.

How can you pick them out of the crowd? Easily: they’ll be the ones rending their garments and wailing about how they didn’t know that the agent who fell in love with their chick lit manuscript had previously sold only how-to books.

Make a point of listening to these people — they have cautionary tales to tell. (Hey, one of the points of attending writers’ conferences is to glean wisdom from those who have trodden the hard path before you, right?) Don’t worry about rubbing salt in the wound by asking about their experiences with their agents; if it’s been remotely negative, believe me, they’ll be only too eager to talk.

One of the things they are likely to tell you: given the downsides of short attention spans, it’s a terrific idea to ask an agent offering to representing your work if you may have a chat with a couple of his clients before signing the contract. Even if the agent cherry-picks only his most satisfied clients — and he will, if he has the sense God gave a green tomato — if he tends to discard manuscripts too quickly, his clients will probably mention it.

If asking an agent making an offer whether you can speak with several of his clients seems audacious to you, remember: a savvy writer isn’t looking for just any agent to represent her work; she’s looking for the RIGHT agent.

Is it time yet to talk about the best-case scenario?
Yes, impatient writers who have had their hands raised for a nice, long time now? “But Anne,” authors of the surprise bestsellers of 2013 inquire, “what about all of those books we hear about that make editors drool? How does an agent generate a bidding war?”

Glad you asked, future blockbuster-mongers. There is yet another way an agent might choose to handle a book.

(d) If a manuscript generates a lot of editorial interest — known as buzz — an agent may choose to bypass the regular submission process altogether and sell the book at auction.

This means just what you think it does: a bunch of representatives from GBNYCBPH get together in a room and bid against each other to see who is willing to come up with the largest advance.

I can’t come up with any down side for the writer on this one. Sorry.

Yes, eager producers of future bestsellers? “Hey, Anne: I sometimes see, in Publisher’s Marketplace, that a book was sold in a preempt. Is that some fancy industry euphemism for an auction?”

Excellent question, writers-for-the masses, but no. Actually, a pre-empt (short for preemptive offer) is an attempt to prevent a book from going to auction — or to stop another publisher from acquiring it. Pre-empts also can occur when the publisher wants more rights — North American plus world, for instance — than the agent is trying to sell at the moment.

Basically, the publisher tries to make it worth the agent’s while not to offer the book up for competitive bidding. So it will offer a bid that it hopes is high enough to tempt the agent not to take the book to auction.

Usually, though, a pre-empt comes with a catch: it’s only good for a short time, generally 24-48 hours. That way, the agent doesn’t have the option of coming back after a disappointing auction and daying, “Okay, Pre-empt Offerer, I’m ready to deal now.

Okay, you can stop drooling now; you can always return to that alluring mental picture later. Let’s get back to less-green pastures.

I’m confused. Can you tell me more about what happens if my agent decides she can’t sell the book?
Regardless of the strategy an agent selects, if she has gone all the way through her planned submission list without any nibbles from editors, one of four things can happen next. Ideally, Cerise would talk through these options with you before proceeding, but again, an inclination to issue regular informational bulletins is not standard equipment for an agent.

Which points us to yet another great set of questions to ask in that first conversation: how often do you give your clients updates on your progress selling their manuscripts? Will you be contacting me only if something exciting happens, or will we be communicating regularly? Will you call me, or should I e-mail you?

And so forth. The earlier in your working relationship you can establish realistic mutual expectations, the less likely a communication breakdown is to occur down the line.

Back to those end-game submission options. First, the agent can choose to submit the work to small publishing houses; many agents are reluctant to do this, as small publishers can seldom afford to pay significant advances. Second, as we discussed above, the agent can choose to shelve the manuscript and move on to the client’s next project, assuming that the first book might sell better in a different market.

Say, in a year or two. Remember, things change. And that’s only natural.

Third, the agent may ask the writer to perform extensive further revision before sending it out again. (Speaking of common sources of agent-client conflict.) Fourth — and this is the option most favored by advocates of strategy (c) — the agent may drop the client from his representation list.

Wait — my agent might give up on me, and not just my manuscript?
Well may your shapely jaw drop. Again, see how it might be to a writer’s advantage to have a few book projects in the pipeline, rather than staking his entire sojourn at the agency with just one?

And that’s not the worst of it, I tremble to report. Remember how I mentioned that some (c) adherents are not, shall we say, the best communicators who ever logged into e-mail? Here is where that paucity tends to shine with its most baleful splendor: it’s not at all unusual for agents fond of this strategy not even to notify their clients that they’ve been dropped. The writer simply never hears from them again.

Yes, this last is lousy to live through, now that you mention it. But in the long run, a writer is going to be better off with an agent who believes enough in her work to stick with her than one who just thinks of a first book as a one-off that isn’t worth a long try at submission.

I’m mentioning this not to depress you, but so if your agent suddenly stops answering e-mails, you will not torture yourself with useless recriminations. Either pitch that next book project to Cerise, pronto, to try to rekindle her interest, or start querying other agents right away, preferably with your next book. (It can be more difficult to land an agent for a project that has already been shopped around for a while.)

In other words: you’ll be a much, much happier human being if you’ve already been working on your next book while your agent has been submitting your current one.

But enough dwelling on the worst-case scenario. I know that I’m running long today, but I hate to end on such a grim note. On to happier topics!

What happens if an editor decides that she wants to acquire my manuscript?
Within a GBNYCBPH, it’s seldom a unilateral decision: an editor would need to be pretty powerful and well-established not to have to check with higher-ups. The vast majority of the time, an editor who falls in love with a book will take it to editorial committee, where every editor will have a favorite book project to pitch. Since we discussed editorial committees earlier in this series, I shan’t take the time to recap now. Suffice it to say that approval by the committee is not the only prerequisite for acquiring a book.

Let’s assume for the sake of brevity that the editorial committee, marketing department, legal department, and those above the acquiring editor in the food chain have all decided to run with the book. How do they decide how much of an advance to offer?

If you have been paying close attention throughout this series, your hand should have shot into the air, and you should already be shouting the answer: by figuring out how much it would cost to produce the book in the desired format, the cover price, how many books in the initial print run, and what percentage of that first printing they are relatively certain they could sell. Then they calculate what the author’s royalty would be on that number of books — and offer some fraction of that amount as the advance.

All that remains then is for the editor to pick up the phone and convey the offer Cerise.

What happens next really depends on the submission strategy that’s been used so far. If the agent has been submitting one at a time, she may haggle a little with the editor over particulars, but generally speaking, the initial offer tends not to change much; after the terms are set, the editor puts the offer in writing.

Here’s the part you’ve been waiting for, campers: the agent will then contact the writer to discuss whether to take it or to keep submitting.

With a multiple-submission strategy, events get a little more exciting at this juncture. If there are other editors still considering the manuscript, the agent will contact them to say there’s an offer on the table and to give them a deadline for submitting offers of their own. It’s often quite a short deadline, as little as a week or two — you wouldn’t believe how much receiving the news that another publisher has made an offer can speed up reading rates. If there are competing offers, bidding will ensue.

If not — or once someone wins the bidding — Cerise and the acquiring editor will hammer out the terms of the publication contract and produce what is known as a deal memo that lays out the general terms. Among the information the deal memo will specify: the amount of the advance, the date the editor expects delivery of the manuscript (which, for a nonfiction book, can be a year or two after the contract is signed), an approximate word count, the month of intended release, and any other business-related details.

Basically, it’s a dry run for the publication contract. After all of the details are set in stone, the publisher’s legal department will handle that — or, more commonly, they’ll use a boilerplate from a similar book.

What neither the deal memo nor the contract will say is how (or if) the author needs to make changes to the book already seen or proposed. Typically, if the editor wants revisions, she will spell those out in an editorial memo either after the contract is signed (for fiction) or after the author delivers the manuscript (for nonfiction). Until the ink is dry on the contract, though, it’s unlikely that your agent will allow you to sit down and have an unmediated conversation with the editor — which is for your benefit: it’s your agent’s job to make sure that you get paid for your work and that the contract is fulfilled.

Which brings us full-circle, doesn’t it? The publisher has the book, the writer has the contract, the agent has her 15%, and all is right in the literary world.

I could tell get into the ins and outs of post-contract life — dealing with a publisher’s marketing department, the various stages a manuscript passes through on its way to the print queue, how publishers work with distributors, how authors are expected to promote their books — but those vary quire a bit more than the earlier steps to publication do. Frankly, I think those are topics for another day.

If not another series. This has been a lengthy one, hasn’t it?

And besides, things are changing so much in the publishing world right now that I’d hate to predict how the author’s experience will be different even a year from now. All any of us can say for certain is that writers will keep writing books, agents will keep representing them, and publishing houses will keep bringing them out. As the author’s responsibilities for the business side of promoting her own work continue to increase — it’s now not at all unusual for a first-time author to foot the bill both for freelance editing and for at least some of the promotion for the released book, for instance — how much publishing with a GBNYCBPH will differ from going with a smaller press five or ten years from now remains to be seen.

Conveniently enough, that brings me to our next topic. Next time, I shall talk about some of the other means of getting a book into print: small presses and the various stripes of self-publication. Keep up the good work!

Posted on - 6 Comments on The getting-a-book-published basics, part XII: things change — but not as fast as many writers would like

The getting-a-book-published basics, part XII: things change — but not as fast as many writers would like

Yes, yes, I know: I usually open our discussion and gladden your hearts with a pretty picture, or at any rate one to get you thinking about our topic du jour. Today’s marginally pretty pictures, however, require a bit of initial explanation. Specifically, I want to give you a heads-up about how I would like you to use them.

So: please stare at the photos I am about to show you for a good, long minute before moving on to the rest of the post. I would like these images burned into your cranium before we return to our ongoing topic, how manuscripts move from the writer’s brainpan, through an agency, through a publishing house, to end up on your local bookstore’s shelves.

Never mind why; just stare. First, at this snapshot I took in my yard a year ago:

a-windchime-in-the-snow

Clear in your mind? Excellent. Now contemplate, if you will, the same view at a later date (and from slightly farther away, I now notice):

crabtree-blossoms-and-windchime

Four months separate those pictures — either a very short time for such a radical alteration of the environment or an interminable one, depending upon how you choose to look at it. But whatever your attitude, the fact remains that both the wind chime and its observer feel quite different sensations now than they did then, right?

Bear that gentle observation in mind for the rest of this post, please. This series has, after all, been all about gaining a broader perspective on a great, big, time-consuming process whose built-in delays aspiring writers all too often — mistakenly — regard as completely personal.

Yes, it’s all happening to you, but the upcoming change of seasons will happen to you, too. Does that mean that nobody else experiences it? Or that today’s frosty blast of winter air was aimed at you personally?

Realistic expectations and the management of resentment
For the last couple of weeks, I’ve been sticking to the basics: an overview of the trajectory a manuscript typically travels from the writer’s hands to ultimately sitting on a shelf at your local bookstore. Since what most aspiring writers have in mind when they say they want to get their books published is publication through great big New York City-based publishing houses — GBNYCBPH for short, although admittedly, not very short — I’ve been concentrating upon that rather difficult route.

As we have seen, in order to pursue that particular path — which is, as we shall see later in the week, not the only possible route to publication; people merely act as though it is — a writer needs an agent. Yet as we also saw earlier in this series, that was not always the case: aspiring writers used to be able to approach editors at GBNYCBPH directly; until not very long ago, nonfiction writers still could. Instead, writers seeking publication at GBNYCBPH invest months — or, more commonly, years — in attracting the agent who can perform the necessary introduction.

So a historically-minded observer could conclude that over time, the road to publication has become significantly longer for the average published author, or at any rate more time-consuming. Should we writers rend our garments over this, bearding the heavens with our bootless cries, complaining to an unhearing collection of muses that it’s just a whole lot more difficult to get good writing published than it used to be?

Well, we could — and a startlingly high percentage of the public discussion of the writing life is devoted to just that. One can hardly walk into any writers’ conference in North America without tripping over a knot of writers commiserating about it. Certainly, you can’t Google how to get a book published without pulling up an intriguingly intense list of how-to sites and fora where aspiring writers complain about their experiences, sometimes helpfully, sometimes not. And don’t even try to total up all of the blogs on the subject.

Two things are clear: there’s quite a bit of garment-rending going on, and this process is hard.

Although I am never averse to a little light self-inflicted clothing damage if the situation warrants it, I am inclined to think that most aspiring writers expend too much energy on resentment. Without question, most take it too personally, given that the GBNYCBPH didn’t suddenly rearrange their submission policies the day before yesterday in order to avoid having to deal with any individual submission they might otherwise have received within the next six months. Using agents as the North American literary world’s manuscript screeners, effectively, has been going on for quite some time.

Did I just hear a few dozen cries of “Aha!” out there? Yes, your revelation is quite correct: at one level, an agency is to a major NYC-based publishing house what Millicent the agency screener is to the agent, the gatekeeper who determines which manuscripts will and will not be seen by someone empowered to make a decision about publishing it.

But it’s laughably easy for an aspiring writer in the throes of agent-seeking to forget that, isn’t it? All too often, aspiring writers speak amongst themselves and even think about landing an agent as though that achievement were the Holy Grail of publishing: it’s a monumentally difficult feat to pull off, but once a writer’s made it, the hard work’s over; the sweets of the quest begin.

It’s a pretty image, but let me ask you something: have you ever heard a writer who already has an agent talk about it this way?

I’m guessing that you haven’t, because I’m hear to tell you: seldom are garments rent more drastically than amongst a group of agented writers whose books have not yet been picked up by GBNYCBPH.

Why, the agent-seekers out there gasp, aghast? Because typically, signing with an agent doesn’t mean just handing the manuscript over to another party who is going to do all the work; it means taking on a whole host of other obligations, frequently including biting one’s lip and not screaming while absolutely nothing happens with a manuscript for months at a time.

To put it lest histrionically, working with an agent is work. Just not the same work that a writer was doing before.

In other words: things change. And that’s only natural.

Okay, so what is it like to work with an agent?
Are you sitting down? You should, because the answer to that question generally comes as a gargantuan surprise to those in the throes of agent-seeking: the main change most newly-agented writers report is no longer feeling that they have control over what happens to their books.

That’s not paranoia talking, by the way, nor is it merely the inevitable emotional letdown inherent in reaching a goal one has pursued for an awfully long time. It’s a ruthlessly accurate perception, usually.

How so, you ask with horror? Well, for starters, the agent, not the writer will be the one making decisions about:

* when the manuscript is ready for submission to editors at GBNYCBPH;

* given that the agent’s initial answer to that first question will almost certainly be not yet, what revisions need to be made in order to render it ready;

* when the market is ripe for this particular submission (hint: not necessarily when the country’s flailing its way out of a serious recession);

* what additional materials should be included in the submission packet, and your timeline for producing them (because yes, Virginia, you will be the one producing most of marketing materials your agent will wield on your behalf);

* which editors should see it and in what order;

* how it should be submitted (one at a time, in a mass submission, or something in between);

* how soon to follow up with editors who have been sitting on the submission for a while (in general, quite a bit longer than strikes an impatient first-time author as appropriate);

* whether it’s even worth bothering to follow up with certain editors (especially if it’s rumored that they’re about to be laid off or are toying with an offer from another publishing house);

* whether to pass along to the writer the reasons that an editor gave for rejecting the manuscript (not all agents do — and not all agents who do pass along all of the feedback they receive from editors, especially if it contradicts their own views of the book);

* whether enough editors have given similar excuses that the writer really ought to go back and revise the manuscript before it gets submitted again;

* when a manuscript has been seen by enough to stop submitting it, and

*when to start nagging the writer to write something new, so s/he can market that.

I make no pretense of foretelling the future, but I don’t need to be the Amazing Kreskin to state with 100% certainty that those of you who land agents between the time I post this and two years from now will disagree with those agents on at least one of the points above. Probably more. And the vast majority of the time, you will not win that particular debate, because the agent is the one who is going to be doing the submitting.

Oh, you would rather not have known about this until after you signed a representation contract? And aren’t you glad that you already had those nice, peaceful windchime images rattling around in your head? (I thought you might like a brain-soother right about now.)

Now that you’ve calmed down — oh, like the list above didn’t make you even the teensiest bit angry — let’s take another gander at it. Notice how much work the writer is expected to do under this arrangement? You produce the manuscript or proposal, revise it according to the agent’s specifications, write any additional marketing material (trust me, you’ll be glad that you already have an author bio — and if you don’t, consider devoting next weekend to going through the HOW TO WRITE AN AUTHOR BIO category on the list at right to come up with one), make any subsequent revisions (editors have been known to ask for some BEFORE they’ll acquire a book)…

And all the while, you’re supposed to be working furiously on your next book project. Why? Because “So, what are you working on now?” is one of the first questions any editor interested in your current book will ask.

Nice, deep breaths. That dizzy feeling will pass before you know it.

In fact, don’t be surprised if your agent starts asking about your next book roughly 42 seconds after you deliver the full manuscript of the book that attracted his attention in the first place. A career writer — one who has more than one book in him, as they say — is inherently more valuable to an agent or a publishing house than one who can only think in terms of one book at a time; there’s more for the agent to sell, and once a editor knows she can work with a writer (not a self-evident proposition) whose voice sells well (even less self-evident), she’s going to want to see the next book as soon as humanly possible.

And no, at that point, no one will care that you still have a day job. It’s a reasonable objection, though.

A word to the wise: you might want to start working on your next during that seemingly endless period while your agent is shopping your book around — that’s agency-speak for showing it to editors — or getting ready to shop your book around. Yes, it’s a whole lot of work to wrest your fine creative mind out of the book currently in your agent’s beefy hands — but it’s a far, far more productive use of all of that nervous energy than sitting around and fretting about whether your agent is submitting your last book quickly enough.

Or rending your garments. Trust me on this one.

Wait — so what will my agent actually do with my manuscript once s/he deems it ready to go?
Let’s assume that you’ve already made the changes your agent requests, and both you and he have pulled it off in record time. Let’s also say that he’s taken only three months to give you a list of the changes he wanted, and you’ve been able to make them successfully in another three.

If that first bit sounds like a long time to you, remember how impatient you were after you submitted your manuscript to the agent? The agent has to read all of his current clients’ work AND all of those new submissions; it can take a long time to get around to any particular manuscript.

What happens next? Well, it depends upon how the agency operates. Some agencies (like mine, as it happens) will ask the writer to send them 8-15 clean copies of the entire manuscript for submission.

Other agencies will simply photocopy the manuscript they have to send it out and deduct the cost of copying from the advance. Sometimes the per-page fee can be rather steep with this second type of agency; if it is, ask if you can make the copies yourself and mail them. Many agents will also ask for an electronic copy of the manuscript, for submission in soft copy.

While some of you are cringing, furtively adding up how much it would cost to produce 15 impeccable copies of a 400-page manuscript, I can feel others of you starting to get excited out there. “Oh, boy, Anne!” a happy few squeal. “This is the part I’ve been waiting for — the agent takes my writing to the editors at the GBNYCBPH!”

Well, probably not right away: agencies tend to run on submission schedules, so as not to overtax the mailroom staff. It also makes keeping the submission lists straight easier — because you don’t want your manuscript to be sent to either the wrong editor or the same editor twice, do you?

In a large agency, it may take a while for a new client’s book to make its way up the queue. Also, not all times of the year are equally good for submission.

That just made half of you sit up ramrod-straight in your chairs, didn’t it? Remember how I told you that much of the publishing industry goes on vacation between the second week of August and Labor Day? And that it’s virtually impossible to get an editorial committee together between Thanksgiving and the end of the year? Not to mention intervening events that draw editors away from their desks, like the spring-summer writers’ conference season and the Frankfurt Book Fair in the autumn?

The inevitable result: your manuscript may be in for a wait. Depending upon your relationship with your new agent, you may or may not receive an explanation for any delays.

But the usual reason is — shout it with me now — things change. The manuscript that couldn’t interest an editor even if the agent did a striptease during the pitch (oh, there are stories) five years ago might get snapped up in a flash two years from now. And while the bookstores may be crammed with vampires and zombies now, they will be just as crammed with future fads next year.

See why it’s of critical importance to sign with not just any agent, but one whose judgment you trust, one who believes in your talent? A good agent is not just some guy who can take a brilliantly-written book and sell it — ideally, he’s the writer’s partner in long-term strategic planning of the literary variety.

And that kind of partnership, my friends, is well worth searching a while to find.

Because although this is a hard business, it’s also an ever-changing one. You want an agent who understands that ultimately, literary success is a long-term game. Myopically insisting that is true today is eternally true of the book market is just, well, historically ill-informed.

Things change — and that’s only natural. Keep up the good work!

Posted on - 4 Comments on 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?

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!

Posted on - 4 Comments on 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.”

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!

Posted on - No Comments on So how does a book go from manuscript to published volume, anyway? Part XIII: the fine art of getting what you want

So how does a book go from manuscript to published volume, anyway? Part XIII: the fine art of getting what you want

seagull-prints

Yes, yes, I know: the photo du jour is a trifle on the wide side, but I love it. I must be feeling expansive today.

That was not, I gather, the prevailing mood at post offices across the country today as last-minute tax filers raced to get their income tax returns postmarked on time. (For those of you reading this outside the United States: here, federal income taxes are due April 15, the anniversary of the day President Abraham Lincoln was shot.) I’m a get-it-out-of-the-way-as-soon-as-possible sort, but apparently, many of my fellow citizens are not, judging from the lines around the block at my neighborhood post office.

While taxes are already on your mind, US-based writers, now is a great time to think about next year’s returns, and not only because you hope you’ll be shaking your head over the sometimes complicated paperwork associated with collecting royalties. While that Schedule C you’re using to itemize your writing and promotion expenses is fresh in your mind, why don’t you go ahead and organize your 2009 accounting system/homemade spreadsheet/shoebox that holds your retreats so that it will be easy throughout the year to come to keep your receipts from writers’ conferences neatly separate from your submission-related expenditures?

If you’re not already filing a Schedule C to formalize your writing as a business — a move that could, for instance, legitimize deducting things like postage for your queries and submissions, writers’ conference fees, and other expenses you may be incurring while trying to get your work published — you might want to consider having a nice, long chat with a tax professional well versed in preparing writers’ returns (rather than, say, talking with someone like me, who is neither a tax professional nor plays one on TV) about whether this option might make sense for you.

Why a tax pro who specializes in artists? Because someone unfamiliar with how genuinely strange our road to success can be may not be aware that a writer needn’t necessarily earn income from writing in order to file a Schedule C. But as a non-earning writer must meet a number of specific conditions before, say, writing off the cost of buying new releases in one’s chosen book category as market research or deducting the fees of a freelance editor, get the low-down from someone licensed to dispense advice on the subject before you file any paperwork with the IRS.

Where might you find such an expert? Try contacting your local writers’ association and asking for a recommendation. If you aren’t lucky enough to live near a good one, you may have to get a trifle creative. Show up at a book sighing by a local author and ask for a recommendation at question time. Find out who your community theatre uses as a tax pro, or call a good art gallery; tax pros who deal with one kind of artist sometimes work with other types. For more suggestions, take a gander at Carolyn See’s excellent MAKING A LITERARY LIFE, for my money still one of the best how-to guides for aspiring writers out there.

What you should most assuredly NOT do is just grab a bunch of tax forms next April 14 and start filling in unsubstantiated amounts. Like any other deductions, it’s in your best interest to make sure that your writing expenses are exceedingly well-documented, both in your no doubt impeccable financial records and in the form of receipts, and unquestionably tending to advance your writing career. Proving that generally requires quite a bit of advance preparation.

Which is not, as I mentioned above, every taxpayer’s cup of tea. Writer, know thyself!

Why, just yesterday, I was sharing a delightfully steamy bowl of Thai coconut soup with an exceptionally talented author of literary fiction (who shall remain nameless for the nonce, but rest assured, I’ll let you know when his next novel comes out) when the waitress informed us that we had just spent many hours discussing things writerly, and the kitchen would like to close. At the end of a roughly ten-minute discussion of the locations of places that might conceivably be willing to serve us coffee at that hour, the author sighed and said, “Well, maybe I should just go home and start my taxes.”

Since it was by then 10:30 pm on the night before said taxes were due, I naturally laughed. Judging from his reaction, though, he hadn’t meant it as a joke: he honestly had not begun to think about his imminently-due return.

I would be tempted to think of this reluctance to plan for the hard realities of life as merely part of his substantial and complicated personal charm, but the fact that most of the working artists of my acquaintance seem to indulge in this particular form of procrastination leads me to suspect that it may be endemic to our breed of creative dreamers.

Let’s face it: as a group, we tend to defer serious thought on the business side of being an artist until we actually find ourselves in the situation, don’t we? As we’ve discussed throughout this series, many, if not most, aspiring writers long for publication with a major house, but don’t take the time to learn what that would actually mean in practical terms, let alone prepare for it.

Case in point: several years ago, I had the great pleasure of teaching a class on how to craft attention-grabbing queries to a room stuffed to the gills with intelligent, well-read writers. These folks had really done their homework, and most of them had novels and NF books very close to being ready to be sent out the door.

As widely diverse as their writing projects were, I was struck, as I always am, by the great similarity of their descriptions of their dream agents. Everyone, without exception, wanted a well-established agent at a well-known agency to fall in love with the book in question, particularly with the writing, and represent it with intelligence and verve.

“That’s great,” I said, when the last student had expressed this hope. “What else do you want from your agent?”

The room fell silent.

I am used to this; it always happens at this point. “What about an agent with experience in selling your type of book?” I suggested. “An agent who has built up the connections to be able to get your book or book proposal under the right eyes right away?”

Well, yes, the students conceded, that would be nice. As we discussed why that might be a plus, however, I could tell that they were uncomfortable with the prospect of adding something this specific to their wish lists — an interesting reluctance, considering that as we saw earlier in this series, an agent who does not have those connections is going to have a significantly harder time selling a writer’s manuscript.

So I persisted. “What about an agent who is hungry? Would you be happy to be represented by someone with a hundred clients, so the success of your book will be only a small proportion of her year’s income, or would you prefer to be one of twenty, where each sale counts more to the agent?”

This one was difficult even to get the students to talk about in theory, let alone express a personal preference; again, these are bright, talented, well-read people, yet their body language made it obvious that the very idea of setting anything but the most minimal expectations for representation scared them a little. It was unfamiliar territory, and in a sense, by even asking them to think about it, I had broken one of the most sacred of the writers’ conference taboos: implying the possibility that not every agent who likes an author’s work is necessarily a good fit for it.

This truth is so important to a writer’s happiness in working with an agent that I’m just going to go ahead and restate it as a rule: a writer needs not just any agent to represent her work; she needs the right agent.

That’s right, campers: after yesterday’s post, which concluded that most aspiring writers give up before they’ve given their manuscripts a sufficient chance to succeed, I’m going to talk about how they can falter after they do succeed, at least at clearing the first major hurdle on the path to publication. Today, we’re going to discuss the often astonishingly disorienting moment when a writer receives an offer of representation.

I know, I know: I’m addressing this topic out of chronological order. Can you blame me for wanting to end this sometimes depressing series on a high note?

As we saw earlier in this series, how an agent chooses to handle a manuscript can have almost as strong an impact upon its market prospects as whether he chooses to handle it in the first place. It’s not all that uncommon for good writers to end up feeling that their careers are being stymied by agents who, while not actually bad at their jobs, at least do not apparently share the same goals for the book in question. Anyone who has ever attended a writing conference has probably met at least one writer who gave her soul to an agent for a year or two, only to find herself dropped when the book did not sell right away.

For a writer who has yet to find representation — and if you are one of these, don’t be hard on yourself; there are plenty of brilliant writers out there who are unrepresented or between agents — it may be hard to feel sympathy for a writer in this situation. After a long, hard spell of querying and/or submission, ANY agent willing to represent a book can start to look pretty good. So when the aspiring hear such complaints, they may be tempted to conclude that if the complainer’s book did not sell, or if the agent stopped sending it out, or if the agent never sent it out at all, it was because the manuscript itself had some irredeemable fault.

Don’t censure yourself if you are one of the many who would automatically assume this: as we have seen throughout this series, it is something that writers are taught to believe, and the source of countless hours of self-doubt. Most of the writing manuals and pretty much all of the classes and conferences teach us to believe that the blame must lie with either the book or the writer.

There is a perfectly good reason that this is the case: what the manuals and experts are selling, generally speaking, are ways in which the writer can alter the book, the pitch, the query letter, even her own work habits, in order to make the book more marketable. Many, many self-styled experts make quite good livings in this manner.

And more power to the ones who are gifted at it, I say: when aspiring writers improve the aspects of the road to publication that actually lie within their control, while learning not to obsess about the myriad aspects of querying, submission, marketing, and publication that are utterly outside the author’s ability to affect them, the process becomes not only easier, but substantially less frightening. Like using language correctly and effectively, promoting one’s writing utilizes a set of learned skills.

I regularly teach this type of class myself, regarding it as a way to arm writers with the tools that will help them succeed in a genuinely difficult endeavor: getting their work noticed by people who can bring it to publication. After all, it would make little sense to teach Ten Tips on Being a Better Agent or Sharpen Your Eye for Talent: Make Yourself a Better Editor to groups of aspiring writers. The fact remains, though, that even the best-prepared author of the best-written book is hugely dependent upon the skills, tastes, and connections of her agent and ultimately, her editor.

As we saw earlier in this series, the power that agents wield has gone up astronomically within our lifetimes. The reason for this is simple: the consolidation of the major publishing houses. The result is that agents and editors at small publishing houses (who sometimes also prefer to work with agented writers, but often make exceptions) have become the arbiters of what does and doesn’t get published in the United States. The editors at the major houses see only a hand-picked minority of the writing actually being produced.

This should all sound familiar to you by now, right? Since you are already aware of the importance of having an agent, I shall not continue to harp upon this point, except to say: since the author now does not participate in the selling process, it is more vital than ever to find an agent who will represent your work well.

When I pointed this out to my class, however, my students did not like this conclusion at all. “If an agent loves my work,” one of them asked, “won’t he automatically represent it well?”

The short answer is a resounding NO, but the long version requires a two-part answer. First, a certain percentage of the people working in any field will be still learning how to do it, and in the publishing industry, where success is so heavily based upon connections and luck, the agent who likes your book best (or, as usually happens, the one who likes your book FIRST) may not necessarily be the one with the right connections.

Thus, that story we all so often hear at conferences: the agent falls in love with a book, signs the author pronto, sends the book out to an editor or two — then sits helpless after the first few contacts reject it. Since it is traditional for a book to be submitted to only one editor at each imprint, having your work sent out by an agent with the wrong contacts may actually endanger its chances of being seen by the right editor.

Especially if the agent has a track record of giving up after just a handful of submissions. As with querying, until a manuscript has been circulated for a while, no one can really say for sure how marketable it actually is.

The second answer to the question is less well-recognized amongst writers. Now, it is the NORM for good agents to ask for significant revisions on a book or a book proposal BEFORE sending it out to editors. Effectively, this means that the agent you choose — and who chooses you — is your first editor. Which means that it is absolutely vital to sign with an agent whose taste and integrity you trust.

I want to get the word out there about the edited-by-the-agent phenomenon, because I have found that most unagented writers are quite unaware of it (or were before we discussed it in this series). Not all agents require up-front revisions, but a significant minority amongst those who work with previously unpublished writers do. I spent the first two and a half months of my memoir’s representation contract revising and re-revising my book proposal, at her behest; one of the best novelists I know spent a YEAR AND A HALF in agent-required revisions before her agent so much as photocopied it.

Other agents prefer to suggest only minor tweaking before sending out the first round of submissions, then, once they have garnered significant editorial feedback, ask the author to revise the book in accordance with the changes editors said they would like to see. (Be warned in advance: if three editors saw it, in all probability two of them will ask for mutually contradictory changes. A good agent can help you figure out which advice is worth taking.) Here again, many first-time authors are astonished to find themselves, a year or two after signing with a terrific agent, still in the throes of revising an as-yet unsold book.

Naturally, I explained all of this to my class. By this point, my students were sitting speechless, aghast and disappointed. As much as I would have liked to reassure them that their work would sell well and immediately, the fact is, a quick sale of an unrevised work to a major publishing house has become quite rare.

As I MAY have intimated once or twice earlier in this series, I think it is quite unfair to aspiring writers everywhere that the prevailing wisdom so often says otherwise. Yes, from the agents’ and editors’ points of view, publishing is a fast-moving business, but from the authors’, it sometimes seems as if it barely runs on electricity.

I feel a trifle disingenuous saying this, because actually, my process has been one of the few exceptions: from winning the 2004 PNWA Zola Award for NF to signing with my agent to book sale was only eight months, positively lightning speed. To put this in perspective, though, my book was only being circulated to editors for the last two of those months. The period between when I signed the agency contract through when the book was first sent out to editors was entirely devoted to tweaking my book proposal my agent’s behest.

Let that sink in for a moment: that revision time was unusually rapid, with my getting pages back to her significantly prior to the deadlines we had agreed upon.

This realization, as you may well imagine, made my students groan, as it would many writers. We all like to think that once the inspiration fairy has bonked us on the head often enough to get us to churn out a complete manuscript, that’s that. Since attracting an agent’s interest is so very arduous, the vast majority of unagented writers tend to idealize just how much of a relief it will be to sign that contract. (Yes, I know I’m reviewing material we’ve covered already in this series, but since this is the last post, I’m entitled to a spot of review.)

“Phew!” these writers tend to think. “I’m working my fingers to the elbow now, but once I sign with an agent, my period of hard work will be over. I can just hand my finished book (or book proposal) to my agent, and wait for her to sell it. And because she will adore my writing, that will happen in a matter of weeks.”

With such expectations, it’s no wonder that so many writers give little thought to the personality of their dream agent: they are not expecting to have much interaction with this paragon. The agent, in this fantasy, is just a one-time broker.

Now that you know from having slogged faithfully through this series that working with an agent is quite a bit more complicated — and lengthier — than that, I ask you the question I put to my students: what do you want your agent to do for you other than to sell your book?

Ponder that for a moment, please, while I move back to the point in your writing career when your answer could hardly be more important: the days immediately following your receiving an offer of representation from someone who may or may not be the agent of your dreams.

Remember a few posts ago, when I mentioned that too many aspiring writers take the time to learn a little about their soon-to-be agent before gasping a grateful “YES!” to that long-awaited offer of representation? The best antidote to an uninformed decision is to ask the offerer a few questions: will you be working with the agent directly, for instance, or an assistant? (If the latter, it is definitely worth your while to have a conversation with the assistant before you decide, too.) Will the agent want revisions to what you submitted, and if so, would she be open to setting aside some serious time to discuss them? What exactly does the agent LIKE about your book, your ideas, your writing style? If you are not a person who likes hand-holding, is the agent willing to give you your space to work?

And so forth. The AAR’s website an excellent list of preliminary questions new authors should ask agents, to get you started.

While the answers are important to figuring out how the agent will expect you to work with her, the discussion actually serves an even more important secondary purpose: it gives you are foretaste of what it will be like in the weeks and months after you sign, when your new agent is ruling your writing life.

It behooves you, then, to make very sure that this person is someone with whom you would be willing to be in frequent e-mail contact; is this a person you would be comfortable picking up the phone to call if you run into problems with your editor, for instance? If you’re the type of person who is driven crazy by uncertainty, for whom no news is definitely not good news, you will want to know whether the agent prefers to issue periodic updates on the status of books being circulated, or whether you should feel free to ask whenever the wait starts to seem long. Knowing in advance how frequent contact has to be before the agent starts to feel hounded can save a writer a heck of a lot of chagrin down the line.

Ask about her taste in literature, to get some indication if this is a person you can trust to give you writing feedback. (You should ask the same question, incidentally, of ANYONE you ask for feedback, from your best friend to a freelance editor. If you do not like the same kinds of writing, chances are lower that the feedback will be truly useful to you.) Find out whether the agent likes to give extensive, line-specific feedback, general feedback, or no feedback at all on a manuscript. If you are the kind of writer who hesitates to change so much as a comma without double-checking with someone else, you’ll probably be happier with a heavier commenter.

If, on the other hand, you tend to fly into an ungovernable rage at the slightest suggestion that your work is less than perfect…well, you’re probably going to want to see a doctor about your blood pressure before you sign either an agency or publication contract; as I mentioned yesterday, the professional writer’s life tends to be stuffed to the gills with agents, editors, marketing specialists, etc., suggesting forcefully that changes really ought to be made to a manuscript. But if you already know that you would prefer to keep editorial input minimal, a more hands-off agent may be a better choice for you.

You should also ask for a current list of clients — listings on agency websites are not always up-to-date — and for a few days to rush to the bookstore and see what their books are like. (Don’t even CONSIDER skipping this step; skimming over the first chapter of several of an agent’s clients’ books can tell you a great deal about both her literary tastes and how heavy-handed an editor she is.) You would even be well within your rights to ask if the agent to pass your phone number along to another client who writes similar books, so you can chat about what it is like to work with this particular agent.

See why I have been so adamantly pushing the idea of querying several good agents simultaneously — and continuing to query and submit while any given agent is reading your manuscript? Ideally, I would like you to have the luxury of having these conversations with several agents before you decide who should represent you and your work.

I speak from experience here: I e-mail and talk with my agent very frequently, and not just because he and I are both charming conversationalists; when I have an idea for a new book project, he is my sounding board. The very idea of having that much unalloyed contact with an agent with whom I could not communicate well is laughable. Thank goodness I had listened to the excellent advice my more established writing friends had given me, and made absolutely certain that I was signing with an agent I LIKED.

Oh, and he professes to love my writing, too.

But our rather joking relationship certainly wouldn’t work for every writer and agent, any more than his rather sparse feedback style would be optimal for a writer looking for serious editorial feedback from her agent. Just as all of our manuscripts are different, so are each of our needs and desires for this peculiarly intimate relationship.

So I ask you again: what do you want from your agent, other than to sell your books? How do you want to work together? Or, if you’re being honest about it, has your only criterion been that the agent in question would say yes to you?

Bears a bit of thought, I think.

Especially for those of you who are hoping to be career writers, rather than simply the authors of a single, well-respected book. While the common fantasy of being swept off one’s feet by someone spouting fabulous promises of fame, fortune, and a spot on Oprah’s book club list is all very nice, being aware of the realities of how books actually get published, what role your agent will play in that process, and how you would like your work to be handled will enable you to come up with realistic expectations that will help preserve you from the awful fate that often dogs aspiring writers who suddenly find themselves with agent: having gotten precisely what you thought you wanted, yet still feeling disappointed because what you got was not a fairy tale.

Down-to-earth expectations can, perversely, render it easier to achieve magnificent outcomes — and not just for you. If you choose well, aligning yourself with an agent who both has the connections to sell your work, expectations for it that similar to yours, and communication preferences compatible with your own, you’re probably going to end up being a better client. By approaching finding an agent deliberately, cautiously, and with an understanding of your own goals and working style, rather than blindly rushing into a contract with anyone who is interested in representing you, you are much, much likelier to feel supported throughout the publication process — and end up with the results you want.

So investing some thought in figuring out just what it is you do want is writerly time well spent.

If all of this sounds like dating, well, it is: writer-agent relationships often outlast the average marriage. You don’t want to wake up in a year and find yourself in a long-term relationship with an agent who no longer makes you feel your work is special, do you?

Why am I bringing this up at the very end of a dense series on publishing realities, you ask? So you may lift your eyes from the long, hard road to publication and ponder not only the ultimate goal of seeing your book in print, but the professional marketer — which is, after all, what an agent is, right? — you hope will help you get it there.

Congratulations on making it all the way through this long, serious series; I hope it will prove helpful to you. And, as always, keep up the good work!

bunny-rabbitPS: don’t forget to check in this weekend for the promised special treat!

Posted on - No Comments on So how does a book go from manuscript to published volume, anyway? Part VIII: what happens after a writer lands an agent?

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!