Tips for Writer/Agent Negotiations

Okay, you’ve decided that you just can’t be successful as a writer unless you have a literary agent representing you. You’ve found one, but just because you're excited someone wants to represent you doesn't mean you should let them take advantage of you. You still must watch out for your own interests. Not all agents are as professional as they should be. Before you sign on the dotted line, be sure to follow these tips while you’re negotiating your contract.

First, find a reputable agent. You’re first thought is: Aren’t all agents reputable. The simple answer is no. Reputable agents generally don’t require payments of any kind when you sign a contract with them for their services. They also don’t charge fees to read your work. And they don’t sell your work to vanity presses. But most importantly, they’ll readily share with you the names of other authors and projects they’ve represented.

Reputable agents don’t charge excessive commissions. Today, the standard is 15 percent for book sales, although you could pay up to 20–25 percent for foreign sales, and 10–20 percent for movie, TV and theatrical sales.

Most reputable agents won’t try to cash in on your speaking fees—they really aren’t entitled to, unless they were directly responsible for getting you the engagement.

Control your agent-related expenses. Ideally your agent won’t charge you for making one or two copies or standard postage, but only for unusual expenses, such as large numbers of copies and priority mail, express or courier services. You agent should work within spending limits that you set and not spend anything over a fixed amount, say $100–$250, without your approval.

Some agents demand that publishers pay them your entire book advance directly, then they’ll send you your share. In most cases, a publisher will send you your 85 percent and the rest to your agent to cover your commission fee. The first incidence can pose a risk. If your agent gets paid your entire advance and then goes bankrupt, you’ll get nothing. Insist that your publisher pay you the entire advance directly, then you pay your agent.

Although most publishers still report and pay royalties semi-annually, typically within three months after the semi-annual period ends—the check for the royalty for a book sold in January will be paid in late September. If your agent insists on receiving all monies owed to you by the publisher, he or she should pay you promptly upon receiving the funds—ideally within 10 days, but no longer than 30.

Above all, you should expect your agent to be honest in their dealings with you., but don’t take that for granted.

Do Beginning Writers Need an Agent?

People generally look for the easy way out on most things. And writers, especially beginners, are no different. So it’s no surprise that many beginning writers believe that in order to succeed in publishing, they have to have a literary agent.

The publishing world is a mess at the moment. It’s no wonder beginners feel that they need help to navigate the confusing maze of publishers and editors. But does having an agent guarantee they’ll get published? Not necessarily.

In the first place, many literary agents won’t even consider taking on beginning writers. And those that do usually are a bit shady in their dealings and take advantage of a beginners ignorance in business matters.

At this point, it might be a good idea to find out just what an agent does for a writer. Essentially, when a writer teams up with an agent, he or she is basically outsourcing the marketing and promotion of their work. A highly successful writer, usually those writing and publishing books, needs someone like this to help with promotional chores. This leaves more time for them to write. But a beginning writer has not such demands on their time. Many beginners usually have just written their first book and are desperate to get it published. They see an agent as an express method of accomplishing this.

A big problem with many agents is that they have a stable of editors and publishers with whom they have close relationships. They rely on these people to place their clients’ work because of past successes. They do this at the exclusion of any other publisher that could possibly want to consider a book, for example.

One writer’s agent sent a book proposal around to 28 different publishers. Each politely declined to publish the book. When he had exhausted his list of publishers with whom he had relationships, the agent stopped sending out the proposal. In the end, the writer never did get his book published.

Another writer worked successfully on a couple of travel books through an agent and a particular publisher. The agent took a hefty 15 percent of his advance as her fee. After completing these two books, the writer decided to try his hand at negotiating himself. He got substantially more money than the agent was able to get him and didn’t have to pay her the 15 percent fee. The writer went on to publish two more books with the same publisher and had the firm consider two more book ideas.

So it comes down to this. Beginning writers are caught between a rock and a hard place when it comes to publishing their first book. They have no credentials and think that having an agent will miraculously give them some. Also, agent generally don’t promote articles or short stories. The low fees paid for them can’t compare with the advances paid for books. And, let’s face it, 15 percent of not much money isn’t a whole lot.

Next Week: Some tips on writer/agent negotiations.

Do You Have a Support Network?

Everyone needs someone to cheer them on. Everyone needs someone to pick up the pieces when things go wrong. Everyone needs someone to be there to help them over the rough spots. Even writers. Especially writers.

Writing is a lonely profession. But even though you have to be alone to write, you don’t have to write in a vacuum.

Nobody really writes alone, without the support of a partner, friend, neighbor, dog, agent, local bookstore. Who is in your support network? Who do you depend on to give you a lift when you’re down? Who do you turn to dump on when you get a raw deal from an editor or publisher?

If you don’t think you have anyone to support you, make a list of the people who can help you make it happen. Let’s start with your family.

If you live alone, are the members of your immediate family on your side. Do they ask you how your writing is going or do they constantly ask when you’re going to get a “real” job? Do they read your published work? Why not give your parents or siblings copies of your books, short stories, or articles. Books, especially, make great gifts.

If you’re married or live with a partner and have children, does that person allow you time to pursue your writing without feeling guilty? Can you and your spouse or partner agree to one kid-free night each? Can you trade or pay for babysitting services in your neighborhood?

Do you have any friends, and if so, are any of them interested in what you do? Do they ask about your latest project? Do you offer information about what you’re writing about when you’re together? Friends can be great sounding boards. They’re great for bouncing off ideas for new writing projects, and they’re great to unload the bad things that happen. Sometimes, a spouse or partner can be your best friend, but often a writer needs to speak with someone with whom they’re not in an intimate relationship.

And even pets can offer good support. You can talk to your dog or cat and pour out your guts, and neither will talk back. They’re always there for you, especially when you’re feeling really down.

If you’ve published books, one of the best forms of support can come from local bookstore owners. These are people who have a direction connection with readers. They hear what readers say about your books and can offer valuable information about how readers feel about your books.

Probably the least supportive are members of local writing groups. Unless a group is led by a writing professional or writing teacher, chances are that any support that comes from such a group won’t be sincere. In many cases, writers who tend to join these groups often are more interested in getting stroked, in hearing positive comments about their work, even f they aren’t true, rather than objective ones. A group led by a professional is more likely to provide more balanced and constructive support.

As well as recruiting your cheerleaders, you should also look at the people who distract or discourage you from your writing dreams or plans. Is there a family member who never takes your work seriously? Is there a writing buddy who spends more time moaning about the publishing industry than actually writing or providing mutual support? There’s a reason why people discourage you from your creative dreams. And the reason is them, not you.

Take time to beef up your support systems, and either reduce your time with the naysayers, or at least change your reactions to them.

Do You Need an Agent?

Do you need an agent? The answer could be both yes, and no. Today, with a lot of writers heading into self-publishing, over half the books published go to market without an agent’s help. Even if you work with a traditional publishing house, you can place your book without an agent.

While it’s true that every writer gains some prestige by having an agent, having one doesn’t make you any better a writer. If you don’t produce quality writing, having an agent won’t help you. Agents save editors time and money. Editors know that agents, if they’re competent, weed out the bad material, so basically an agent vets the material for the editor, so whatever an agent sends in is usually given preference in being read earlier than material that comes in “cold." But in no way does it guarantee that the work will get published.

A good agent knows which publishing houses are in the market for what sort of book or project. He or she knows which publisher will release which rights and what the probable bottom line on other negotiations will be. And agents like to deal with certain editors.

A good agent should also be a good friend who can also be objective. He or she will be part salesman, part lawyer, part literary critic, and part father/mother-confessor.  Agents get calls from writers who can't pay their bills, from writers who are drunk or who have been arrested for one thing or another, and from writers who just want to hear a reassuring voice.

Of course, once you place your book or book proposal in an agent’s hands, you may hear nothing for a long time. Busy agents are in constant touch with those who buy ideas, books, movies, scripts for TV miniseries, book excerpts, and subsidiary rights, as well as with their clients. And remember, you won’t be the agent’s only client.

What agents are good for is negotiating through the maze of book contracts and subsidiary rights, both foreign and domestic. These include sales to book clubs, special sales, film and T.V. options, syndication and reprint rights, and so on. Depending on the arrangement you make, your agent may handle all of your works, only your books, or only certain kinds of books. Some agents will tell you at the beginning what they’ll handle and what they won't. If they don't, ask.

You may want to give an agent only certain kinds of writing and sell the rest yourself. Some writers feel the advantage of a large literary agency lies in the specialists who negotiate film or T.V. rights which can be lucrative. But most good agents who have been in the business any length of time will have some sort of representation in this highly specialized area. It's rare  these days for agents to handle magazine articles or short stories. If they do, it’s usually because you’ve made money for them through your books and have gained some notoriety.

Agents also help negotiate solutions to conflicts between you and your publisher. They push for timely payment of advances and royalties. They keep accurate records of your sales. Some agents are also lawyers, or have lawyers in their company, and can review alleged abuses by a publisher, alert a writer to possible problems stemming from something he is about to publish, and act as a knowledgeable go-between for the writer. Some agents act as middleman by finding the right author to write a book on an idea an editor or publisher has.

Should you attempt to publish your book with a traditional book publisher? Even if you manage to get an editor’s okay, you may want to consider getting an agent to handle the contract. Book contracts can be sticky business. In fact, some publishers have been known to send outrageous contracts to beginning writers, who don’t know any better. Book contracts can be 30 pages or more with lots of fine print—important fine print that if not read correctly and dealt with could end up costing you a lot of money in lost subsidiary rights and even fees. A good example is requiring you to create an index for a non-fiction book—something you’ll end up paying for out of your advance.

And while it’s possible to sell a book on your own, you may end up spending a large part of your time doing so—time you could have spent actually writing. It’s for this reason that an agent’s 10 percent is often worth it.

What is Your Profit Motive?

As a freelance writer, you’re in business to make money. How much is up to you. You can write a lot and get paid little or write a little and get paid a lot. Chances are you’ll fall somewhere in between. But one thing is for sure, there are only so many hours in a day, so the amount you make may be limited, especially if you’re writing books or articles for magazines.

If you’re writing books, you can only work on one at a time. The amount of time it takes to research and write a book is staggering while the advance you may receive pays for only a fraction of that time. If you’re a good multi-tasker, you may be able to pound out an article or short story or two while working on your book, but most writers put all their energies into such a massive project.

Writing articles actually pays better in the long run. If you have acquired some steady markets, you’ll be writing constantly and the money will pour in regularly.  If you’re just starting out, you may find yourself strapped for cash between assignments.

So what is your profit motivation? Are you content to make a little while pursuing other creative projects—for this you’ll need a working spouse or a rich benefactor? Or do you need to earn a living to help support a family or yourself if you live alone? Many married women writers claim they’re making a living just like any male writer, but what if they weren’t married and couldn’t depend on their husbands’ paycheck to take care of most or all of the bills? While it may be okay to do this in the beginning, after a while your spouse will grow tired of paying the bills by himself.  The opposite it also true for husbands taking up freelance writing while their wives work at a steady job to pay the bills.

Even if you’ve been publishing and making a modest living at writing, you may be guilty of practices that hinder you from making more money. Maximizing your profit requires you to budget time and money carefully. Will you be able to live on say $12,000 a year or less? Perhaps you had better decide if you love your daily Starbucks latte more than writing!

You need to budget everything. Leave nothing to chance. Periodically review your bills to see if you can lower any of them. This will mean not having the latest smart phone or that big-screen Plasma T.V. that your neighbors have. And while you’re at it, better decide to move from the McMansion you live in now to a more modest house.

But budgeting isn’t all about sacrificing the things you love for your writing. It just means that you need to prioritize. List the things that are most important to you. If that cup of Starbucks coffee or that giant SUV that you drive is important to you, then perhaps you better give up on your dreams of becoming a writer, unless you want to write press releases or advertising copy.

As much as you need to learn about writing to improve your skills, so you should learn about the business of business if you expect to keep your profits growing. You’ll be running a small business. Don’t kid yourself into thinking it’s anything else. Talk to other small business owners. What do they do to make sure they stay in business? While your business may be slightly different than theirs, the procedures are the same, even down to what to deduct on your tax return.

Set up daily and monthly schedules and stick to them. Self discipline is very important in freelance writing. It’s not all about spending leisure time at the café reading Twitter messages from your peeps on your smart phone. It’s about working hard and enjoying your time off, knowing that you’ve done the best job you could getting pieces finished and sent in on time.
   
Review your methods periodically. Weed out the bad habits. Are you allowing too many interruptions to devastate your schedule? Are you letting too much time slip by before you get an idea and propose it to editors or your agent? Are you learning from your competition?

To be a successful freelancer, you have to periodically review your assets and liabilities. You  can’t afford to imagine there isn't room for improvement. Above all, freelancer writers don't believe in giving things away for free. If a publisher isn’t willing to pay for your work, pass them by. You can’t pay for groceries with a freebie.

Stringing Along

One way I got by early in my freelancing career was to become a stringer. The term stringing goes back to early newspaper days when a reporter's copy was "strung together," so the newspaper paid him—there weren’t very many female reporters back then—by the inch. Today, that term means working for a newspaper or magazine “from the field,” turning in ideas and stories to the editor either when I find them or when the editor sends me an assignment.

Each publication sets up its stringer network differently. Some stringers receive small retainers plus a fee for an article when the publication prints it. More often than not, publications forego the retainer in favor of a loose agreement as to the acceptance of pieces or guaranteeing a certain number of them will see publication throughout the year. Or the publication will just keep feeding me regular assignments with no guarantee—the most common practice. Either way, the editor knows the quality of my work and how to get hold of me fast.  In turn, I know what kind of stories they want and how to present them, including sending photos if needed. From experience, I know I can count on a certain amount of work each month which helps me plan my budget. What’s even better, I can string for several publications at the same time as long as they’re not competing for the same readers.

When I first started freelancing, it took a while to find a publication willing to take me on as a stringer. Just by luck, I was working as the manager of a mom-and-pop travel agency. A friend at another agency signed me up for a press trip to Guatemala at a trade show. At the time I wasn’t writing for any publication and needed an assignment to go on the trip. I cold called the managing editor of a travel trade magazine. She was interested in the destination and gave me an assignment to write about tourism there. Upon publication, I was to be paid a whopping $30. She liked my article so much, she started assigning me more of them. Soon, I was writing two or three articles a week for her. These pieces weren’t especially complicated to research or difficult to write, which left me time to try to get articles published in other publications.

Four years later, I had quit my day job as a travel agent and jumped head first into freelance writing. One morning I cold called the managing editor of the Philadelphia Business Journal—I live just outside the city—and explained that I had experience covering business topics (Isn’t tourism a business?) and was interested in writing for him. I pitched an idea to him, which he liked, and I got my first assignment. After completing several other assignments, he began to call on me every week, sometimes twice, to cover a variety of business stories. Some were news while others were features. He gave me feedback on my articles, telling me what he wanted or didn’t want. As time went on, he even told me who to call on for interviews and gave me their phone numbers. The Journal paid $160 for each article. In most cases, I had three or four days to complete a story from research to finished article. He knew I could turn a story around very fast and that he could count on me to be accurate. At the same time, I was still writing for my original travel trade publication.

While the per article amount may not seem like a lot in either case, it quickly became income I could count on while I tried to get published in national magazines.

Working for both publications, I amassed a tidy file of contacts in business and tourism. I knew who to call for what and could get in touch with people quickly. This was before the Internet and E-mail. The articles I wrote for these publications and others like them became the core of my freelance business—at least until I got published in larger national magazines.

Can Your Words Change the World?

Many writers don’t realize how their words can change the world. While the average writer may never know the effect of his or her articles, books, or stories, just about all affect their readers in some small way.

As a writer, it’s one job to enhance knowledge and ultimately change the world in which you live and work by publishing a meaningful article on a controversial new topic or by writing a short story or novel that illuminates human frailties. It’s another to affect change.

Early in my career, I wrote an article in a travel trade magazine about Apple Vacations, a travel wholesaler that has since grown by leaps and bounds. A group of people had taken a charter flight with another travel company, which while they were on vacation in the Bahamas, suddenly closed its doors and disconnected its phones, stranding this large group of vacationers. Someone in the office of the travel agent who had booked the charter read my article about Apple Vacations and immediately called them. The representative on the phone connected her to the president of the company who immediately sent one of Apple’s own charter planes to the Bahamas to retrieve the stranded passengers. The travel agency was so overjoyed about the rescue that it switched all of its vacation charter business to Apple Vacations. And I also got a call from Apple’s president thanking me for writing such a good article.

An antique dealer read another of my articles, this one about Parian ware, a less expensive look-alike to marble, and was able to identify a piece in his shop that he had drastically underpriced The information in my article allowed him to make a tidy profit on the piece when he sold it.

The first time your writing affects your reader in a visible way—providing you find out about it—the romance of freelance writing will become clear. When you incorporate the reality of this romance into every thing you write, you’ll begin to realize how rewarding a freelance writing career can be.

But keeping your ego under control is just as important, for success is often fleeting. You may bask in the glow of it for a few minutes, hours, or days, then it’s gone and you have to begin the process once more.

For many writers, the best rewards aren’t monetary, but the satisfaction that perhaps they’ve changed their readers lives for the better.