If you’ve come here expecting Clint Eastwood, well, that pic is about all you’re gonna to get.
This post is about cowboys, but not that kind.
Literary agents are in mind today, and yes, there are some good ones, but there are also the bad and the ugly.
* * *
One of the true joys of being indie is sending rejection letters to literary agents. Seriously.
Not only does it make up for those countless rejection letters we all acumulate along the way, but it also shows that as writers we are no longer forelock-tugging wannabes desperate for validation.
DD wrote recently about a former agent who came chasing her once her (DD’s) books started selling well. Looking forward to an update on that one, DD!
But nowadays its actually common for agents to come querying you instead of you looking for them. How times have changed…
Mid week here at WG2E Sibel Hodge let fly at a particular literary agent she had sent a rejection letter to.
If you missed Sibel’s post midweek you really, really need to go back and read it. Go on! Right now! I’ll still be here when you get back.
* * *
Sibel dealt with the dreaded in perpetuity clause this agent was trying to palm off on her. She got hold of the contract lawyer better known to fellow writers as Passive Guy, and confirmed just how bad this clause is. It’s not just a pension plan for the agent, but will be paying college fees for the agent’s grandchildren.
And as Sibel pointed out, if you later moved to another agent and got further sales you’d end up paying two agents commission! Sickening.
But Sibel isn’t alone in having a bad experience with an agent.
We had a similar experience early in the summer when one of the biggest agencies in New York cold-called us, never having read our book, telling us they were keen to represent us. After some interesting discussions where the agency muscled in on a deal we were pursuing with a Turkish publisher and took control of the negotiations without our permission, despite us never having signed up with them, we politely told that agent where to go.
Then mid-summer an author appeared on Kindleboards claiming to be in contact with several agents who just happened to be interested in new authors. Just to be clear, it was stated several agents had contacted this one writer seeking his assistance to get new client authors, via Kindleboards.
Yeah, right. You couldn’t make it up…
Like Sibel we smelled a rat, so we went along with this to see just how much of a scam it might be, and so we could report it to the indusry watchdogs.
In fact it seems there never were several agents, just the one. He was supposedly doing really well and had offices in New York and Hollywood.
Well, the offices seem genuine. But doing well? Does an agent who is doing well really need to have an author put messages out on Kindleboards to complete unknowns in the hope of getting clients? Be serious.
Like Sibel, we followed through and got the exact same spiel. A personal phone call from the president telling us how he thought our book he had never read would make a great film, and how his Hollywood office is doing so well. Implied promises of great things to come.
We wrote back with a lengthy email pointing out we had no intention of giving up our ebook rights, but if he could get us a deal like John Locke’s we’d be interested. The agent wrote back saying who’s John Locke. 
And then the contract arrives…
* * *
Having exchanged notes with Sibel and having confirmed this was the same contract she had received, I agreed to follow up Sibel’s post with some more dastardly clauses this agent was trying on.Bear in mind most, if not all, these clauses are considered standard and acceptable by many mainstream authors.
Right from the opening para it’s one nasty clause after another. Ponder this:
You have asked XXXXXX to serve as your exclusive literary agent, to seek the exploitation of all rights to Book XXX throughout the world in all languages and in all media as well as to the next full-length book written solely by you (or the next full-length book co-written by you) (collectively, the “Work”). We are pleased to accept this engagement. This letter agreement governs our services as your literary agent.
Just to be clear. This agent has NEVER read our book. This agent spent half an hour in the phone name-dropping Hollywood and suggesting what a great film this book he has never read would make. We didn’t ask them, they asked us. At no time in writing or on the phone did we agree to the next book being included.
And let’s be clear too about “the next full-length book co-written by you” wording. This effectively gives them right to a book part written by you and co-written by someone who has no involvement, or even knowledge, of this agent!
Then comes the Duration clause which Sibel dealt with wonderfully midweek. Just a reminder here that this was the dreaded in perpetuity clause that gives the agency right to a percentage of your earnings for up to seventy years after you die. Sign tomorrow and if you survive twenty years more the agent’s grandchildren will be earning off you into the twenty-second century!
Next, consider what they might be paid for.
The agreement authorizes the agent to future earnings from
hardcover, trade paperback, mass market paperback, book club, audio cassette, first and second serial rights, foreign language rights and British commonwealth rights; all radio, television (including cable and pay television), motion picture, dramatic, merchandising, video disc, video cassette, commercial tie-up and subsidiary rights, all electronic display or electronic interactive and multimedia rights; and any and all other rights or means of exploitation of the Work, whether now existing or hereafter invented..
So let’s get this straight. The indie author does all the work, pays for editing, format, covers, does all the marketing and establishes a loyal fan-base. The agent comes along, the author signs, and suddenly the agent (and their grandchildren) will be getting a percentage of everything that may derive in the future, even if they had nothing to do with the future deals
And when they indie-release the next ebook sure enough the agent (and grandchildren) are entitled to a percentage of that too. And from the films, TV, games, etc, that may emerge twenty years down the line.
The agents and publishers sure learned their lesson with ebooks, when the early contracts didn’t over unforeseen developments like epublishing. So now they lay advance claim to money earned from any means whether now existing or yet to be invented.
Not satisfied with this, the agent then has a delightful clause for Reimbursements for Expenses:
You agree to reimburse us for reasonable expenses in connection with the disposition of any rights to the Work and any works derived therefrom, such as copying the manuscript, retyping of the manuscript, postage, messengers or express delivery. We agree to notify you with respect to any expense of $100 or more and receive your advance approval to incur same. All extraordinary expenses shall be subject to your consent. At our discretion, you shall reimburse us in cash or we may deduct such expenses from your advances or other earnings for any work hereunder.
Let’s just hear that again: they will notify you if they run up an expense of $100 or more, and ask your approval. But for an expense of $99 they just go ahead and bill you, without your knowledge or approval.
And that’s per expense. So on Monday they can claim to have retyped the manuscript and charge you $99. On Tuesday they can charge you $99 to deliver the manuscript down the corridor to the next office. On Wednesday they can claim $99 in photocopying costs, and on Thursday bung it down as postage. Friday you might get a break. After all, there’s always next Monday…
Okay, so they might not be quite that bad. The point is, if they are there’s very little you can do about it. You signed on the dotted line.
You will only see the accounts once a year. Their version.
They do have a clause whereby you can examine their books. But only in relation to your manuscript. Who’s to say they haven’t got an invoice from courier for one delivery and then billed a hundred authors for the sames service?
And you can only see the books at your expense, in normal business hours after reasonable notice, in their office.
Fair enough? Well, if you live around the corner in New York, yes. If you live in California? Or Alaska? Or Hawaii? Try the UK, or West Africa…
The same problem arises with any disputes. There is a final clause for dispute resolution. But mediation and legal disputes come with a catch. Leaving asoide the record for mediation to side with the corporation over the individual, any such action shall be
governed by the laws of the State of New York applicable to contracts to be performed in the City of New York.
You may have a wonderful attorney in California, or New Mexico, or London, but the laws of the state of New York apply, and likely as not only a New York lawyer will do.
* * *
For any indie author who has been around the block and learned the hard lessons of writing life this kind of contract will be anathema. A huge step back to the Dark Ages.
But for the first-timer still not sure they’re doing the right thing, the mere fact of having of a “New York Agent” might be temptation enough.
Of course there are good agents out there too, and some are apparently excellent. This is not an attack on agents in general, just the cowboys.
Don’t for one second be dazzled by the fancy zip codes, plush offices, or celebrity name-dropping these agents specialize in. The first thing you need to ask is have they read your book?
What kind of agent solicits client writers through another author via Kindleboards?
What kind of agent tells you your book that they have never read will make a great film (mentioning their Hollywood office, of course) and they know just the person who will be interested?
What kind of agent signs up indie authors whose works they have never heard of and hopes to get said authors to sign away a percentage forever?
Cowboy agents, that’s who.
Remind me why we didn’t sign again, Mark?
It was a narrow escape!
Had we seen this “wonderful opportunity” back when we started out a year ago we might well have signed on the dotted line. At first glance a New York agent with offices in Hollywood seems the answer to a new writers’ dreams.
It would have proven our worst nightmare…
Absolutely, Mark. This is a great follow up post about this agency and contracts. And hopefully it can save some authors from signing anything without getting it thoroughly checked out by a lawyer experience in author contracts. Like you, a few years ago I would’ve signed a contract like this just for the chance of being published. It would’ve been my worst nightmare now if I had. Being flattered into signing something like this is madness, and it could end up costing you a hell of a lot more than you bargained for.
“The chance of being published…”
Those were the days, Sibel!
It’s the very fact that authors can go ahead and publish without agents and corporate editors that has reduced once respectable agencies to these kind of underhand tactics.
And a big woo hoo to that!
Wow. Great post, Mark, and a reminder to all of us to be careful about who and what we sign! You and Sibel are smart enough to smell a rat, but I worry about all those other writers who may not have been.
Thanks, Talli.
This offer must have been so tempting to new writers, and I’m sure many were hooked, reeled in and now patiently awaiting the Hollywood deal.
I worry too, Talli!
I’m tellin’ y’all…at this point, I wouldn’t even think about signing with an agent. And if I sign away rights to anything with my books, it will be on a book-by-book basis with a time frame designated as to when rights revert back to me.
There’s just no way, in this roller coaster publishing environment right now, that signing away more than that makes any kind of sense.
I have zero interest in an agent. I just don’t see the point. For those who would like an agent, or could see themselves dealing with one at some point down the line, this post is essential reading (as is Sibel’s).
The problem is, the writers who need to read it most probably never will. They are too busy fawning in the comments of an agent’s blog, waiting for a pat on the head. These guys talk about finding an agent like they are looking for “Mr. Right” – look at the language: a “perfect fit”, “the one”, my “dream agent.” They are all so desperate for representation that they prostrate themselves in front of the objects of their attention. Look at the comments section for any agent’s blog. It’s embarrassing.
They say things like “I trust my agent, no matter what.” “My agent would never do anything like that.” Well, guess what? Your contract is with the agency, not the agent. So if a legal dispute crops up in twenty years when your “dream agent” has retired to run a rum shack in Martinique, you will still be chained to those terms and you can bet that the provision your “dream agent” told you not to worry about is the one they are going to use to squeeze you dry.
These writers really need to grow up. They are not only inflating the already big heads of these agents, but they are perpetuating the kind of awful clauses talked about above by signing anything their agent puts in front of them. Someone should talk that pen away from them before they hurt themselves with it.
LOL! Love that last line, Dave.
Some agents’ blogs really are an embarrassment to mankind.
Yet, too, some seem to be doing great work for their authors, and are moving with the times. As with format. cover design, etc, just because it can be done by the author doesn’t mean that every author is suited to the task.
We have mixed feelings about agents given our position. I think for new writers they are near pointless.
For writers who have a good agent in tow from the trad days they can probably be very helpful. The likes of Konrath, Eisler and co are in no hurry to get rid of their agents.
For writers enjoying moderate indie success it’s less clear.
We’re not backward in coming forward and making our own way, but it seems many doors are, if not quite closed, still more difficult to open without an agents’ calling card.
In theory any film or TV producer, games manufacturer, paper publisher or other media option is just an email away from a direct pitch. In reality it’s almost impossible to get past the gatekeeper secretaries to get a serious hearing, especially outside the US where indie writers are still viewed with suspicion.
That said, this is changing almost daily, and things will get better. We’ll see.
Meanwhile we’ll continue to discuss options with agents, publishers and any other interested parties, but from a position of strength as equal partners, having made our own way first. And that should be the guiding rule for all authors.
I’m not saying all agents are rubbish or crooks, there are quite a few smart, decent agents out there.
Konrath & Locke (and Obama) share the same agent – Jane Dystel – who definitely seems savvy and ahead of the game. Eisler, as far as I remember, parted ways with his agent after he walked away from the $500,000 St. Martin’s Press deal to self-publish. He didn’t use an agent for his negotiations with Amazon, but he said he didn’t need one as it was all so straight-forward (and he is a trained lawyer himself as well as being a very smart cookie and married to an agent).
I’m also not saying that no writer should have an agent, just that there is no point in me having one at this stage in my career. That may well change.
If I was approached by a publisher, and interested in the deal, I would probably use an IP lawyer. However, where I see the potential use of an agent is in drumming up interest from other publishers at that point. Although, considering that the amount of publishers I would want to work with right now could be counted on one hand, I’m not sure if I would need an agent then either.
I have a (relatively) open mind on the whole thing. If someone could make a reasonable case as to why they were worth 15% of my money, I would listen. But it would take a lot for me to sign.
Agreed. The key is what mutual benefit will be derived.
For Mark Edwards and Lousie Voss in the UK, having a good agent got them a seemingly respectable deal, in numbers terms, that probably would not have been offered to them as newcomer individuals.
But give it another year and print runs will be so small there will be no comparable deals to be had anyway.
I was with a writer friend yesterday and the first thing out of her mouth, “Three agents asked for my full!!! I know this is the one. I know I’m going to get a contract with one of them.”
I kid you not, my mouth dropped, my heart dropped, and I couldn’t eat my food!
I have to tell you, I took the name tag I was wearing and wrote on it “remember the feeling when *** told you about the agents.”
I have NO interest in having an agent nor losing any more money or time with them. Especially for the rest of my life, theirs, and beyond. Hell….most marriages don’t last that long!
I agree that Jane Dystel seems to be ahead of the game, but most are not.
Exactly so, Tonya.
So many new writers still seem to think agents are some kind of gods. It really is quite depressing.
@Mark
And Mark Edwards was very open about the fact that one of his key career aims was a print deal with a large publisher, and particularly to get his books into stores in the UK. For that, especially in the UK, he needed an agent. That’s choosing a path which is aligned to your goals, and I have zero issue with that whatsoever.
@Tonya
You don’t have an agent until the contract has been signed. Last Christmas I had an NY agent phone me (who I had submitted to in the summer, and who had then requested the full a few months later) who said he wanted to represent me. He said all sorts of wonderful things about me and my book, was delighted when I said I hadn’t got an agent yet, said he wanted to represent me, and said we would talk again in a week. That was the last I heard from him. He never returned my calls or emails. I never got a reason why I was dropped like a stone. It turned out it was the best thing that ever happened to me, because I decided I was never going to get treated like that again and began to look seriously at self-publishing for the first time.
So, in short, your friend shouldn’t get too excited
@David Exactly! My heart dropped because she’s going to be waiting, waiting, and waiting. She even said, “It’s going to be a GREAT Christmas!” My heart ached! I remember the feeling. Then she asked, “How are your sales since the five months you’ve published?” I simply smiled, “over 16k in five months.” Her eyes widened…..
I’m loving that last line, too. The more authors sign contracts like these, the more it will become the norm, which will only hurt authors more. No wonder the tad-pub industry is in such a state if agents think these kind of terms are fair.
I don’t think “fair” is part of most agents’ concerns at all…not where the interests of their authors are concerned…only “fair” in how they themselves – as agents – get paid by the publishers they sell too.
The sad part is, Sibel, THESE CONTRACTS ARE THE NORM AND THEY HAVE BEEN FOR DECADES.
Wavin’ atchya, David!
And speaking of great reading…y’all need to check-out David’s Guest Post from this past Friday on Konrath’s blog, where he also explains why he’s now Indie Epublishing too!
Well done, David!
Here’s the scoop:
http://jakonrath.blogspot.com/2011/11/guest-post-by-david-gaughran.html
I said it on Sibel’s post and I’ll say it again – these contracts exist because there are people willing to sign them. When I saw that post on the KB, I knew it was bogus. If there’s anythig I learned while querying, an agent has to fall in love with your book. They have to want to be your champion. Some random guy who’s never read your work is there just to makemoney off of you.
The agent I had years ago for a non-fiction product had a very favorable contract. We split and I owe them nothing. Why? Because I made sure perpetuity was not part of the contract.
Writing is a passion. Publishing is a business. Writers must separate the two and be smart about the contracts the sign. Thanks for continuing to preach the truth.
Well said, Megg.
The key to any contract is not the percentage or the fixed deal, but the get-out clause if you change your mind or want to go your own way.
And for an agent, as you say, being passionate about the book.
Absolutely, Megg! It is a business and we have to take all steps to protect ourselves and make informed choices to protect our livelihoods.
Normally my spelling is not so poor….I was on my iPhone.
Excuses!
Brilliantly put right here, Megg:
“Writing is a passion. Publishing is a business. Writers must separate the two and be smart about the contracts the sign.”
Thanks DD!
Just wish I hadn’t been on my iPhone. The last ‘the’ should actually be ‘they.’ LOL! 
Thank you. Thank you. Thank you.
You and your fellow bloggers are doing a great service for Indie Authors.
Thank you, Mitzi!
“Writing is a passion. Publishing is a business. Writers must separate the two and be smart about the contracts they sign.”
Well said, Megg. As an traditionally-pubbed author AND an indie-author AND an assistant literary agent, I couldn’t agree more!
Marie
An assistant literary agent, Marie?! That sounds intriguing!
I hope yours is one the good ones!
Proud to be with The Jennifer DeChiara Literary Agency!
Thank you so much, Marie! I know many trad pubbed authors who say they have no interest in the business side of publishing – they just want to write. That’s commendable, but they’re essentially giving over their financial future to a stranger. Authors *must* have an interest in the business side if they have any intention of protecting the years of blood, sweat, and tears they’ve put into writing.
I’d still love to have an agent, but I want one who looks out for me – not one who uses me.
I wouldn’t have signed a contract like that when I was querying. In fact, I turned down two agents. I wouldn’t settle for anything less than the best. Still won’t.
And you’ve also got to be careful with who you consider as “the best”, Megg.
I signed with one of the Top 20 Agents – as ranked by Publisher’s Marketplace according to the dollar amounts of the deals they closed for their stable of authors.
And yes, I do due diligence overkill in studying up on every decision I make. So she was/is one of the best ones out there…
ALSO…
Said agent’s contract was one of the good ones with none of the stinker clauses…
BUT
She has done absolutely NOTHING for me, except waste valuable time when I could have been Indie Epubbing on my own!!!
It took me two years and five complete revisions at her request – based on top editors’ requests – to learn that valuable lesson.
What was she doing for me that I couldn’t do for myself?!
NOTHING!!!
You also don’t need an agent to get a TV or Movie Deal. It’s all in who you know and/or how you approach it. And when the time comes, you just need to hire an Entertainment-IP Lawyer to review the contracts…for a one-time fee.
I don’t know anyone … except Mark …
LOL! Wish I knew some movie and TV people to approach, Megg!
One of the great things about grogs like this is building contacts and getting to know who’s who, what and where. As DD says, it’s who you know.
Which is the only thing an agent can offer – a point of contact. Letting them take a percentage for life for just knowing the right person to speak to is crazy.
I’ll give y’all a great way to begin to “get to know” Hollywood and who’s who as far as all the players and who’s buying what for how much!
Subscribe to and digest every issue of The Hollywood Reporter (THR)…I now read it online EVERY day!
It’s an expensive subscription…around $200 per year…but that’s still a helluva bunch cheaper than signing away your rights forever!!!
I learned about THR when I lived in Tinsel Town a few years ago. At that time, everyone carried each daily issue every they went all day long!!! There are also wekkly round-up editions and special reports too on topics like the Oscars and The Emmys and by genre, etc. Now, I’m sure they just read it on their iPads and Macs and phones.
Here’s THR scoop:
http://www.hollywoodreporter.com/
Thanks for this informative post, Mark. The siren song of the agent is difficult to resist if you’ve spent years believing that’s the goal for an author. And until very recently, it was the ONLY way to get into the club.
I’m enjoying the independent route, the joy and the challenge of being in control of everything from the cover design to what I choose to write. Lots of work (done by oneself) equals lots of freedom.
Hearing from an agent who was offering to rep me would be flattering… but having been an IP attorney for years, I would be wary of the very clauses you talk about here. Love that “in perpetuity” arrangement, doncha?
Patrice
Cheers, Patrice!
Being an IP attorney is definitely a advantage in this new world of epublishing.
Funny u should ask about an update regarding my agent, Mark. I’ll be posting the full scoop soon, but here’s the short of it…
My agent is located in Hollywood too…well…maybe. When I heard from her over a year ago she was supposedly moving to Oregon. Don’t know for sure as I never got any info regarding a new contact address.
Then about two months ago, right after I noted here on The WG2E, that I was now selling over 7,000 books per month, my home phone rang, and it was agent extraordinaire saying ‘hello, this is XXX, your agent, just checking in with u’.
And I shit u not, she actually said ‘this is your agent’…as if she expected I would have forgotten who she was! LMAO!!!
Needless to say, I have not called her back, and have received no follow up via phone or email.
Sounds like someone you’re far better off without, DD.
As per the discusson with David Gaughran above, there are good agents and there may be things they can do that a indie writer cannot.
But any agent-author relationship needs to be based on mutual respect, not the agent treating the author like shit.
The good news is my contract with said agent was just for one book and on a project-by-project basis. Also, like a realtor contract, said agent would only be entitled to her cut if she procured the sale, which she never did for me.
That’s how it should be. project by project, and with a clear get-out clause.
Absolutely, Mark! Tell it like it is!
Hello friend, As I am reading these posts I am learning about earning.
Thanks to all for the continuing education.
-Peace
A pleasure, Steve.
Wow, that sounds so bad. I shall be v weary about agents now. I seemed to have missed on getting the updates during this last week to two, and have just got this one. I wonder why. Shall go back and read ones I’ve missed.
Sibel’s midweek post is definitely worth reading in full, Julie. It’s quite an eye-opener.
Remember WG2E posts daily, so if you don’t get a notification it’s always worth popping along anyway, or subscribing via the RSS feed, which seems more reliable than email subscription.
Good post and follow-ups Mark. Good to shine the spotlight on some of these agent varmints offering dubious contracts. Doubtless some new starry-eyed authors may quickly sign thinking the agent is the gateway to success, when in fact it is entry level slavery working for the agent. Agents used to work for the author, now they want the authors to work for them.
Not too long ago few authors even used agents, but now to go the trad pub route you need one. Now they are clawing for a much larger piece of an authors works.
A straight forward contract need not be longer than two pages and it should be in easy to understand layman’s language clearly spelling out the relationship. Anything more complex than that–get a lawyer to translate the legalese.
I followed Sibel’s contract and previous to that the Jeff and Frank show on KB. To my nose it smelled bad right from the start.
Yeah, the whole thing reeked, jackz. sadly it all appears quite legal and acceptable within the industry, and as per our previous experience reported, it’s not just Jeff and Frank.
Our first was one of the biggest agencies on the planet, yet the telephone conversations were almost identical!
Very sad.
The only way I can see something like this as advantageous is for an extremely successful author. Take for instance, Edward Necarsulmer IV with McIntosh & Otis. I met him at a conference last year. He was a very engaging and knowledgeable agent. (He was also kind enough to write me an encouraging personal note on a rejection.)
He handles the literary estate of Madeleine L’Engle (correct me if I’m wrong, but I’m 99% sure that’s correct). Someone needs to have control of a vast line of work, particularly when the author is deceased. This doesn’t mean the descendents shouldn’t check on the agent, but yes, I could see a contract like this working very well for a deceased bestselling author when there is a legacy to protect.
Good point, Megg!
OOOH is it Halloween? What a scary post- what I mean is- how absolutely frightening that there are some unscrupulous agents trolling for unsuspecting writers out there that they can throw around Hollywood names and big (fake) promises to get them to sign on the dotted line.
Those poor, sweet, naive, desperate writers then will be enslaved to them for- gulp- almost eternity. I am shivering in my bunny slippers right now. And I will continue to repeat the mantra in my head- “Do not sign on the dotted line. Do not sign…”
Lois Lavrisa
Savannah GA
Yep, term of copyright is as good as eternity, Lois. Seventy years after the death of the author.
I can talk about this topic forever, and I swear this will be the last comment thread I start.
Does the agent work for the writer or does the writer work for the agent?
Ask yourself this before signing a contract. Make sure your priorities are best represented.
I love it when you get passionate, Megg.
Mark, I knew agents were soliciting authors, but the cowboys is certainly new to me. I’ve heard the rumors and horror stories about contracts. Personally I’m not interested in supporting someone’s grandkids. I’ve got my own thank you very much, and it would be nice if they inherit my royalties someday..One can only hope there is enough to inherit. This is a learning experience, every step of the way in the indie world. Where agents like the ones mentioned do sneak into the indie world, and take advantage of those who have a big dream to be New York published. If an author isn’t careful, they’ll be glamorized easily by the fast talking cowboys, who aren’t shooting so straight. Great post…Thanks for the info…
The great thing with ebooks, Lee, is that the grandchildren will almost certainly have something to inherit, as the ebooks will never be out of print. But how sad would it be if you became the next JK Rowling and some agent’s grandchildren were taking 15% of your billions a half century after you exit this world…
I’d be more than happy to have an agent for a certain set of rights with the right contract. I don’t expect that to happen, but it’s possible. And let’s not forget – once you do get an agent, a good one with a good contract – you have to worry about the publisher. You may have a good and ethical agent, but there may be “standard” clauses that the agent wouldn’t even think to mention that are not what you want. The agent’s livelihood depends on actually making deals, something you can never forget. Sort of a variation on Upton Sinclair’s quote: “It is difficult to get a man to understand something, when his salary depends upon his not understanding it.”
One of my fave quotes, Edward, and thank u for sharing:
“Sort of a variation on Upton Sinclair’s quote: “It is difficult to get a man to understand something, when his salary depends upon his not understanding it.””
Good points, Edward, and love the quote!
This is an important cautionary tale, Mark. Too many newbies have been taught they must get an agent at any cost.
The agency that first approached Mark and Saffi is very big and well known, and I’ve noticed that almost every week Publisher’s Lunch reports a big money deal by them for a previously self-published author. This is definitely their new business model–approaching best sellers who have already done all the publicity work and taking over their books and their lives–”in perpetuity.”
But it’s good to remember that many other agents consider these people sharks. There are still agents working today who remember the days when representation was done with a handshake–no contract required.
There are still lots of ethical, hardworking agents out there, but they don’t approach writers. You still have to query them. Before querying, you can read their blogs and get a good sense of their ethics. If they’re all glitz and pizazz with nothing helpful or honest or encouraging, they’re likely to be less than helpful, and even harmful.
And if a querying writer does get “that call” from an agent, she should have list of questions handy. One of them should be “do you have an in perpetuity clause and is it negotiable” If it isn’t, say thanks but no thanks. You still know that an agent thinks your book is good enough to publish, so think of it that you got a free read from a professional, but don’t judge all agents by the bad ones.
I think D.D.’s experience is a special case, because she writes chick lit, which became toxic to publishers because of overbuying. Agents who tried to sell chick lit were laughed out of meetings and humiliated. D.D’s agent was obviously childish and weak in avoiding D.D. instead of telling her what was going on. I’m not saying the agent didn’t deserve exactly the treatment she got, but she couldn’t have sold D.D.’s books in any case.
New York still hates chick lit. Isn’t it great that the actual reading public eats it up?
This is an important post, Mark. Thanks for sharing your experiences.
Not true in my case at all, Anne!
Number One, there isn’t a person alive, who upon meeting my agent would call her weak! The woman is an in-your-face dynamo where that’s concerned, and she can work a room like nobody’s magic! I know, ’cause I’ve been beside her twice while she did it with me at RWA National Conferences.
I had every major house of The Big Six wanting a full read of my manuscript…plus many of the up-start E-first Presses too, and yes, they had me do what felt like a gazillion edits to make it more “romcom” than chicklit (at the time, that’s what they were doing with chick lit manuscripts) but they luuuvvved my voice…and that’s what sells an author…genres can be manipulated a bit as well as story elements, but not the voice!!!
My agent was very up front with me about all this…this was NOT our issue at all!!!
My issue with my agent is that she was out for a quick sell, and when those quick sells didn’t come, she abandon me…until she knew I’d found my own audience and had the numbers to now go back to NY.
I know NY will buy me in a heart-beat now…and so does she…that’s why she is calling me after over a year with no word from her.
But now…I’m not interested in selling to NY. I sell to my readers!!! They are my customers, not the Big Six!!!
Thanks, Anne.
As you say, there are a lot of ethical, hard-working agents out there still, and probably deals they can get that an author cannot on their own, at least for as long as the print side of publishing holds out.
Sadly our experience with agents so far – not just those identified in the post – has been overwhelmingly disappointing.
I don’t know what all the hoopla is about. Any contract that includes a clause making it effective in perpetuity would be in violation of the law as well as unconscionable. California
law would nullify any such provisions. We no longer live in the old days. The courts actually protect people from such things.
So let me get this straight, Gerald…you think a small-fry writer can take a Big Six Pub to court and win…okay…let’s pretend that’s true…who the hell has millions sitting around to pay to bring this case to court…and how ’bout the length of time it would take to get a case like that all the way to settlement?!
As a J.D., you know that it doesn’t matter what the law says…it depends on who you’re fighting and how much it cost to fight.
With all due respect, I totally disagree with your assessment on this one…
Plus, just like you mentioned, there will be huge jurisdictional issues and state laws to reconcile with in these cases.
You said it all, almost, DD!
I have no idea about how californian law might or might not nullify a contract signed under New York law.
I can only ask Gerald, given I’m in West Africa and my co-writer is in the UK, while Sibel is variously in the UK or Cyprus, what possible protection would Californian law afford us?
If we signed a contract like this any monies accrued would be paid to the agent, who would take their cut as they saw fit, and leave us to argue in Court if we disagreed with what we eventually received.
These clauses exist because they ae either legal or impossible to counter
I have yet to receive my first offer, but I will certainly weigh any received against the potential gains and go over any contract with an attorney. You’re right; it is a different world, and the gatekeepers are being replaced by con-artists and other forms of bottom feeders.
Hopefully with a specialized genre like yours, Marion, you’ll be able to go all the way without needing any agent to open doors for you, although I’m sure there will be plenty of other bottom feeders with their eye on your success.
Great post and follow up to Sibel’s the other day. This is scary stuff and essential reading for all newbie authors before they make their decision. The perpetuity clause is astounding. It’s hard to believe that anyone has the audacity to think up such a thing.
Mark, thanks so much for this post. I think I may be working with an offer from the same agency. Could you post the name here? If not, my email is bluefishnh@gmail.com
Thanks again!