Category : Questions from Beginners

  • March 13, 2012

    More on how an author negotiates a book contract…

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

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

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

    6. You Have Options. Keep in mind that you don't have to agree to a bad deal. You always have options — even if the only option is to say no thanks, get up, and walk away (whether permanently or temporarily). This is a basic truth that people in negotiations sometimes forget. The fact is, you may not be able to come to an agreement,

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  • March 12, 2012

    How do you negotiate a book contract?

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

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

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

    2. Take a Positive Approach. Too many people seem to have learned all their negotiation strategies from watching television dramas — the two high-powered lawyers point fingers, pound the table, make demands, and generally act like jerks. That's not an approach that's going to work very often in publishing. From my point of view, you have to develop a relationship with the person you're going to negotiate with. That way there's a sense of trust on both sides. You really want to establish some rapport with the person you're negotiating with, so that you both keep in mind the big picture

    Continue Reading "How do you negotiate a book contract?"
  • March 12, 2012

    How do you negotiate a book contract?

    by

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

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

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

    2. Take a Positive Approach. Too many people seem to have learned all their negotiation strategies from watching television dramas — the two high-powered lawyers point fingers, pound the table, make demands, and generally act like jerks. That's not an approach that's going to work very often in publishing. From my point of view, you have to develop a relationship with the person you're going to negotiate with. That way there's a sense of trust on both sides. You really want to establish some rapport with the person you're negotiating with, so that you both keep in mind the big picture

    Continue Reading "How do you negotiate a book contract?"
  • February 22, 2012

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

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

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

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  • February 21, 2012

    Does a beginning writer need an agent?

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    Amy wrote to ask, "In your opinion, does a beginning writer need an agent?"

    It depends on the writer. There are some authors who are well connected in the industry, don't mind dealing with contracts and negotiations, understand career direction, and can survive without an agent. But in my view, it's rare to do those things well while maintaining a writing career. I used to tell people that I'm not an evangelist for agents, and over the past 15 years or so I've tried to maintain a balance — I haven't always believed that every writer needs an agent in order to succeed.  But I'm now changing my tune. Most publishers require you to have an agent or they won't look at your material. Things have changed significantly in the past few years,  so that publishers are  moving toward relying on agents to be the first line, reviewing proposals and weeding out the chaff. Working with an agent professionalizes the relationship — an agent is not as emotionally tied to a work as an author, so he or she can be more dispassionate about discussing a project, and the agent is going to be more familiar with the business of contracts, so ostensibly things will move along better for both sides. I recognize that some have said the future is in self-publishing, so that means authors won't need agents. I think that's completely wrong-headed. If you're going to be responsible for your book, you should think about working with someone who knows what they're doing and can help you. Think of the way realtors have changed the home buying market: You can still sell your home by owner, but it's gotten considerably more complex to do so. You've got to know the market, understand how to show your home, know how to get the word out, feel comfortable negotiating a price, and perhaps most importantly, understand how to fill out the

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  • February 20, 2012

    How long should I wait before checking back with an agent?

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    Clarice wrote to ask, "When is it appropriate to inquire on the status of a submission to an editor or agent? I sent something in to an agent four months ago, but have yet to hear."

    Keep in mind that every agent has his or her own system. I try to get to submissions once a week, but sometimes I go three or four weeks between looking. And that's just for a quick look — if I like something, I have to read it through, and that means I could have it for a month or two before I can give the author a firm response. In my experience, most agents would like to have two or three months to consider a proposal before they render a "yes" or "no." During busy times (like Christmas, summer vacation, and stints at rehab), it may take longer. So if you sent a project to an agent four months ago, and she hasn't responded to you, it might be very appropriate just to drop a friendly note — something like, "Hello, I'm just checking back with you on that proposal I sent you a few months back. I was wondering if you've had a chance to look it over yet. I know you're busy, so thanks very much for giving it your consideration."

    On a related note, Hank wrote to complain that an agent hadn't responded to his proposal in a year… but when I checked with Hank, he noted that he'd never met the agent, nor had he queried via email or letter. In other words, he had just sent in a proposal cold. And that leads me to ask,"Where is it written that an agent must respond to you just because you wrote to him or her?"

    Answer: It isn't. An agent isn't obligated to respond to everyone who writes him or her. I've got a

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  • February 17, 2012

    Does the publisher lose money if my book doesn't earn out?

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    Brynn asked, "Does a publisher lose money if a book doesn't earn out?"

    I get this question a lot, and to answer it I need to beg your forebearance… Let me answer this with hard numbers, so that I can make my case. It will take a couple minutes to run the numbers.

    Remember, every business can lose money. Retail shops, service business, even publishers. I mean, if you own a shoe store, you order in shoes that don't sell, and you have to drastically reduce prices, you can lose money on each pair of shoes sold. Publishing is no different. The publishing house pays out advances, they pay an editor, hire a cover designer, buy ink and paper, then pay a printer, and cover overhead such as the light bill and the editor's long distance phone calls. A lot of expenses are involved in every book. I like and respect publishers, and as a longtime agent, I WANT them to make money and stay in business. So I'm just answering a question, not writing a polemic. 

    That said, the argument put forth that an unearned advance equals a loss for a publisher just isn't true. (Or at least not the whole truth.) All you have to do is look at some math…

    Let's take some big book the publisher is doing with a celebrity. She's created a $25 hardcover book, and the publisher has paid her a $100,000 advance. The average discount a bookstore gets when ordering a book is roughly 50% — so they're paying the publisher $12.50 for that book. (In reality, it could be less, and there are a thousand factors determining that amount, but let's use a conservative 50% for the sake of clarity). From that amount, you have to subtract the author royalty on the first 5000 copies (the author will be paid $2.50 per book), the next 5000 copies ($3.125 per book), and

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  • February 15, 2012

    How do I get an agent?

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

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

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

    When NOT to get an agent:

    -When you're not a proven writer. Generally, publishers are looking for great ideas, expressed through great writing, and offered by a person with a great platform. Sometimes they get all three, usually they settle

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  • February 14, 2012

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

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

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

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

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

    Some agents only represent non-fiction projects (and some only fiction projects, or children's projects, or whatever). So yes, the possibility exists that you may need a different agent for your novel. If you're happy with your NF agent and getting good service from him or her, then I'd simply approach the agent and say, "I'm planning to write a

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  • February 13, 2012

    How do I approach a literary agent?

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

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

    Be aware that most people I talk to at writing conferences aren't there yet. They might have a good book idea, but it's

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