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.

Beyond Book Royalties

The potential sales of a book are your real leverage when it comes to negotiating a contract. Think beyond royalties.  Never ignore the income that may be generated by resale of all or part of your book. Even when the advance and royalty schedule agreed on are better than you'd dared hope, keep your negotiation aggressive—suggest to the editor that he make up for your concessions by giving you a better deal on subsidiary rights.

Subsidiary rights specified in the contract determine, among other things, your share of any money resulting from a resale of the book to a paperback reprint house, book club, or as an ebook. A standard contract usually provides for a 50/50 split between you and a hardcover publisher. But the amendments you're looking for may change the contract to provide you with an increased percentage if the resale exceeds a certain dollar figure—for example, 55 percent for a sale over $50,000 or 60 percent for a sale over $100,000. You may not expect such a bonanza, but neither may your publisher. So nail down your chance at the lion's share from the start.

Every writer dreams of a big sale to the movies or for TV dramatization. While such possibilities are remote or the odds so great for either nonfiction or fiction, neither you nor your publisher may be motivated to bargain for the division of the spoils should there be a miraculous stroke of such luck. But no matter how conservative your expectations, it would be foolish to ignore such possibilities from your  contract negotiations.

It used to be that publishers would give you 90-100 percent of all movie rights without much fuss.
But that was before film producers began asking for the rights to non-fiction books—In Cold Blood is a good example—and short stories such as “Legends of the Fall” and even articles. Today, everything depends on the particular book, short story, or article. If you think a filmmaker might be interested in your work, then you ought to make sure you get your share of the film rights.

Since options for possible film use are considerably more common than outright sales, a good contract will spell out not only the percent of the proceeds that you’ll receive from selling the film rights but also whether you or your publisher will have the right to negotiate the contracts with potential buyers.

You should also follow the same process when negotiating foreign reprint rights. Make an educated guess about the potential market for your work in the countries not covered by the basic contract. Ask for anything up to 100 percent of all foreign sales, and be sure the contract specifies who will have authority to negotiate with foreign publishers.

Other subsidiary rights include permission to use all or part of your text in magazines, newspapers, and  on the Internet. First serial rights refers to publication in such outlets before the book appears while  second serial rights refer to reprint after book publication. You should receive 100 percent of first serial rights.

Most book contracts grant you only 50 percent of the sale price for second serial rights. But when your track record or expertise help gain such a sale, the contract should be amended to provide an escalating percentage for you as sales multiply.

Generally, publishers handle the disposition of subsidiary sales through departments set up to manage them. They especially consider resale for paperback reprint their prerogative, and some may even resent your interference in their transactions. You may or may not be informed of the attempts by your publisher to find secondary markets.

It's important not to duplicate your publisher's efforts to get part of your book into a top selling magazine or to sell the whole thing to a reprint house, even if you believe your publisher isn’t looking out for your best interests.

However, when it's clear that the publisher isn’t pursuing secondary rights as aggressively as you would like, then you might consider pursuing them yourself. If your book has drawn heavily on the expertise you've acquired in the course of writing shorter pieces, chances are you have a network of markets and potential markets for this kind of material. So when your book is in print, you're in a good position to contact other markets that may already know you. Among these may be a publisher who may be familiar with your work but never considered it.

Let's assume your book has received some good reviews—especially on book review or social networking sites. Collect and copy all the good notices as they appear and package them to promote your efforts at resale to magazines or newspapers.

Create a small brochure of quotes from the reviews of your book and mail it along with query letters to a broad range of regional publications. It may bring a number of requests from editors to see a copy of your book, and a good number of reprint sales may follow. However, before randomly sending out copies of your book to editors, see which ones are interested, then mark the section of the book you think particularly suited to the needs of each publication and send them off.

Do You Need an Agent?

It’s true, a writer gains a certain amount of prestige by having an agent. But before you go there, you need to pay your dues. And an agent can’t help you with that. It’s all up to you.

An agent is for a writer who is too busy to sell his or her work. And even if you have time to market your writing, an agent can seek out better paying markets for you. But having an agent doesn’t guarantee that you’ll get more money or that you’ll even get published. So if you’re a beginning writer, forget about getting an agent and get to work.

If you’ve been writing and publishing for a while, this may be the time for you to seek out the services of an agent. But do you really know what an agent can do for you?

A good agent knows which publishing houses are in the market for what sort of book or writing project. They know which publisher will pay which advance and whether, when the time comes, which will release which rights. Often an agent will know just who to send a proposal to and which ones are likely to go forward with it.

A good agent also is in constant touch with those who buy ideas, books, movie treatments, scripts for TV shows, and subsidiary rights. To many writers, an agent is also their best friend and professional confidant—part father, part salesman, part lawyer, and part literary critic. But most of all, an agent can lend a sympathetic ear. He or she understands how a writer feels.

Agents save editors time and money. They save them the hassle of going through piles of terrible manuscripts by directing them to the good ones. In essence, an agent acts as the first reader—as a person who has the experience to tell the great from the terrible. And then, of course, there’s the growing tendency for publishers to refuse to read anything that comes in unsolicited. They often give preference to material coming from an agent to manuscripts that come in cold.

Generally, while agents negotiate book contracts and subsidiary rights, they also negotiate lots of other deals for busy writers—deals that the writer may never have thought of. Depending on the arrangement you make, your agent may handle all of your work, only your books, or only certain kinds of writing. Some agents will tell you up front what they will and won’t deal with.

Agents usually don’t handle short pieces of writing like articles and short stories. They’re in it for the big bucks. Let’s face it, after you’d pay an agent his or her 10-15 percent commission, you’d be left with much less than if you sold your shorter pieces yourself.

Your agent can also act to resolve conflicts between you and your publisher. They push for timely advances—they don’t get paid until you do. And, more importantly, they’ll help you sort out hard-to-read book contracts which if not understood properly can cost you dearly.

So do you need an agent? Yes and no. Writers sell nearly a third of all literary works by themselves, without the help of an agent. By negotiating your own contract, you may just walk away with more money and more perks. But that’s only after you’ve been in the business awhile and understand the nuances of contractual agreements. An agent can help you wade through the contractual mindfield. They know what to look for and you don’t.

Spinning Your Way to Profits

Too many writers move from one new project to the other.  They never consider all the work researching each one and literally close the book on each as they finish it. That’s such a waste of time and potential resources. Back in April of 2010, I wrote about doing spin-offs in this blog. I concentrated on using research over and over again, but this time I’d like to show you some other ways you can spin your way to profits.

Remember the old saying, “It takes money to make money.” Spin-offs—making your material work in a number of ways—allow you to make your money earn money. While you may not have any control of how much interest your bank pays you to let them “use” your money, you do have lots of control when it comes to using accumulated materials, as well as actual articles and stories, if you own the rights to them. So let’s start there.

Unless you’ve sold an article or story for all rights, you still own secondary rights. If you’ve sold articles to newspapers, you’ve most likely sold them First Serial Rights for their market. That means you can sell that same article to any other newspaper in the country. The big papers in New York, Chicago, and Los Angeles are exceptions to this since they often buy exclusive or all rights, but they also pay the most. If you can find newspapers buying articles these days, you may have a treasure of articles just waiting to be used. And while smaller papers don’t pay as much, selling the same article over and over can reap big rewards for practically no work.

You can also rework previously published articles by updating them or changing their focus. You may only need to change the beginning and end of an article to enable you to sell the re-vamped piece elsewhere for secondary rights. Many markets will gladly buy secondary rights. There are quite a few markets out there that pay only five cents a word or even $35 total. While that may not seem like much, if you can find five or ten like that, you’re on your way to self-syndication.

Another way to use spin-off material is to sell the same magazine article to a number of specialty magazines. If you’ve written on a general enough subject, you can tailor the article to fit different markets just by changing the slant. An article about display techniques could be sold to magazines dealing with retail sales, antiques, home decoration, even collecting. It just takes some creative imagination on your part. If the magazine is in the lower end of the pay scale, don't bother to query the editor. Instead, just send the article, attached to an Email, explaining that you’re sending the article to see if that editor might be interested in publishing it. If your article covers a topic of universal interest, the editor will most likely purchase it.
 
Not only can you write spin-off material, you can also sell reprints of what you've published to specialized markets and databases. For instance, an article on stress management, reprinted separately, might be of interest to corporate managers who want to see that their management trainees have a copy. Companies and associations also buy material to distribute to their customers via newsletters.

Spin-offs do two things: They add a little more revenue to your bank account while spreading  the word about your expertise.

But cultivate your sources carefully. Take time to rework the same ones. For example, to get information for an article on the ten questions investment brokers are asked most, a writer who specializes in writing about investing might contact some of the stable of resources he or she has built up over the years. Plus, with a specialty, you’ll already have a backlog of material at hand, so most of your research will already be completed.

Finally, to create financially successful spin-offs, you need to have at least 90 percent of the research material already in hand, and you have to be a fast writer. Try not to spend more than two days on a spin-off piece. If it takes more time than that, you’ll be losing money. Also, try to have your major markets pay for all the research costs by doing more research than necessary in the beginning. That way the cost won’t come out of your pocket later if you need a little more material for your spin-offs.

Can You Change a Contract?

Your chance of making a profit from a book or article hedges on the contract you sign for it. Contracts can be as short as a page or as long as 30 pages. Some publishers call them agreements, but they’re contracts, nonetheless. It pays to read them carefully because whatever is included in them is binding for both parties.

Publishers have revised their contracts since the Internet came into prominent use to garner every business advantage. In today’s market, that means electronic sales, among other things. Publishing to their Web sites or publishing your work as an ebook are options they never had before. And with the success of Amazon’s Kindle and Sony’s ebook reader, those options have stepped right out front. This applies both to books and article, but not as much to short stories.

Signing a contract put you into a legal binding agreement . However, it also binds the publisher into the same agreement. Once, a magazine I wrote for sent me contracts for every article. In it was a line about electronic rights. I changed the wording to say I wouldn’t sell them or sometimes, I said I’d sell them for 10-15 percent of the article fee. His editor agreed. The publisher ignored the changes and published them on his Web site anyway. After two years and many articles later, I called him on it, and his lawyer said he basically didn’t have a leg to stand on because he had ignored the original contract changes. The publisher ended up paying me over $400 in back fees.

Another time, a client, who had hired me to write an extensive four-page advertorial for a big-city paper, ignored the phrase in it which said he had only one full edit of the manuscript. This was to prevent him from changing his mind lots of times before publication–a habit of business executives. In the end, he had to pay me 100 percent more because each additional edit cost him $1.00 per word. Again, his lawyer said he didn’t have a leg to stand on.

You can change any of the wording in a contract before you sign it–as long as the publisher agrees. A publisher usually begins with a standard legal contract, then adds whatever details he or she needs for the individual project. A standard contract gives all the monetary and legal advantages to the party who draws it up. In the above examples, these were the magazine publisher and myself. You, as the writer, have the right to change anything in the contract, should you not find it in your best interest.

If this is your first contract with a particular publisher, you don’t have the bargaining power to change much. But as you continue working on projects for that same publisher, your bargaining power increases.

And it isn’t just about your advance, should you be writing a book. Other items that you can change include deadline dates, reversion of rights back to you after publication (used mostly for articles), electronic rights (Web site and ebooks), royalty percentages, subsidiary rights (T.V., film, worldwide rights), and more.

So the next time you receive a contract from a publisher, read it very carefully. In fact, make a copy and underline or highlight sections on the copy that you find questionable. Don’t hesitate to ask for changes. Remember, it’s in your best interest. The publisher already has theirs covered.

Can You Change a Contract?

Your chance of making a profit from a book or article hedges on the contract you sign for it. Contracts can be as short as a page or as long as 30 pages. Some publishers call them agreements, but they’re contracts, nonetheless. It pays to read them carefully because whatever is included in them is binding for both parties.

Publishers have revised their contracts since the Internet came into prominent use to garner every business advantage. In today’s market, that means electronic sales, among other things. Publishing to their Web sites or publishing your work as an ebook are options they never had before. And with the success of Amazon’s Kindle and Sony’s ebook reader, those options have stepped right out front. This applies both to books and article, but not as much to short stories.

Signing a contract put you into a legal binding agreement . However, it also binds the publisher into the same agreement. Once, a magazine I wrote for sent me contracts for every article. In it was a line about electronic rights. I changed the wording to say I wouldn’t sell them or sometimes, I said I’d sell them for 10-15 percent of the article fee. His editor agreed. The publisher ignored the changes and published them on his Web site anyway. After two years and many articles later, I called him on it, and his lawyer said he basically didn’t have a leg to stand on because he had ignored the original contract changes. The publisher ended up paying me over $400 in back fees.

Another time, a client, who had hired me to write an extensive four-page advertorial for a big-city paper, ignored the phrase in it which said he had only one full edit of the manuscript. This was to prevent him from changing his mind lots of times before publication–a habit of business executives. In the end, he had to pay me 100 percent more because each additional edit cost him $1.00 per word. Again, his lawyer said he didn’t have a leg to stand on.

You can change any of the wording in a contract before you sign it–as long as the publisher agrees. A publisher usually begins with a standard legal contract, then adds whatever details he or she needs for the individual project. A standard contract gives all the monetary and legal advantages to the party who draws it up. In the above examples, these were the magazine publisher and myself. You, as the writer, have the right to change anything in the contract, should you not find it in your best interest.

If this is your first contract with a particular publisher, you don’t have the bargaining power to change much. But as you continue working on projects for that same publisher, your bargaining power increases.

And it isn’t just about your advance, should you be writing a book. Other items that you can change include deadline dates, reversion of rights back to you after publication (used mostly for articles), electronic rights (Web site and ebooks), royalty percentages, subsidiary rights (T.V., film, worldwide rights), and more.

So the next time you receive a contract from a publisher, read it very carefully. In fact, make a copy and underline or highlight sections on the copy that you find questionable. Don’t hesitate to ask for changes. Remember, it’s in your best interest. The publisher already has theirs covered.