Contracts

Melanie · Feb 4, 2012

Hi,

I apologize in advance if this subject has been talked about somewhere else on the board and that I'm at wrong by starting a new thread, but I looked around and couldn't quite find answers to my questions.

I started my queries about 1 month ago and I got a few requests for full manuscript. I am therefore hoping for the best. But I am a newbie and I want to make sure I am prepare. So here is a little listed of questions I have if you guys can help me out.

1st: What are the main lines my contract with an agent should mentioned?
For the rights? Timeline allowed to sale my book? If it doesn't work and we want to part ways? and anything else I can't think of because I am a newbie.

2nd: pretty much the same question but once I sign with a publisher? Which rights do I give and keep?

3rd: If I get an agent and it doesn't work out, can I later on ask another agent to represent the same book or that book is done and dead?

4th: If my book get published by a smaller publisher, later on can it be sale to a bigger publisher?

I appreciate your help. I just don't want to sign a contract and be stuck in the future and lose all my chances with that book.

Thanks

Cyia · Feb 4, 2012

Hi Melanie,

Welcome to the Cooler!

First, let me ask you if you've vetted the agents which have made requests. There are some rather glaring mistakes in your post, and while that doesn't mean they're indicative of your normal writing (we all get flustered in the beginning and let our fingers overrun our brains), it's a concern. PLEASE make sure you've checked the agents out thoroughly so you don't get scammed. If they ask you for money or want you to pay an editor they recommend, RUN AWAY.

If you have checked them out, then ignore paragraph one and go on to the quoted area.

Melanie said:
Hi,

1st: What are the main lines my contract with an agent should mentioned?
For the rights? Timeline allowed to ~~sale~~ sellmy book? If it doesn't work and we want to part ways? and anything else I can't think of because I am a newbie.

Agents can either sign you for a book or for a career; not all agents want the same thing. In my case, the contract was with the agency, and signed by the agent. When my agent switched agencies, it was the same - contract with agency, signed by agent.

Your agent should rep ALL of your available rights. There really isn't a "timeline" to sell your book because all books sell at a different pace. Some are snapped up in a day, others take years to find a home.

There should be specified guidelines in place on how to dissolve the relationship, usually a given period in which you supply a notice of termination (or the agent does) and then you wait to find new representation. Even if you part ways, if the agent's submissions net you an offer after you've parted ways, they're still the agent of record. (Also, in my case, as Book 1 was sold while my agent was with her original agency, they're the agency of record.)

2nd: pretty much the same question, but once I sign with a publisher? Which rights do I give and keep?

Your agent will negotiate for as many rights as he/she can. Some publishers will want world rights or world English, others will take North American. There are audio rights, e-rights, media rights, etc. Your agent can explain the process more fully once you sign.

3rd: If I get an agent, and it doesn't work out, can I later on ask another agent to represent the same book, or that book is done and dead?

In this case, you'd need a list of which editors and which imprints saw your manuscript. If they've passed, then another agent won't be able to submit it to them again, but if a new agent has different contacts, then those contacts can be used. You MUST inform a new agent of the submission history of your book before you sign with them.

4th: If my book gets published by a smaller publisher, later on can it be ~~sale~~sold to a bigger publisher?

If you sell, and the book goes out of print, you can sell reprint rights, but if you sell to say Samhain, it's not likely you're going to be selling the same book to Penguin. The book has a sales history. If it was a flop at a small house, a big one won't take the risk, and if it was a hit, then the small house is going to keep it on their list.

Small publisher =/= inferior. You can still have a viable hit with a small press.

Good luck, and I hope this helps.

Melanie · Feb 4, 2012

Hi,

My first language is french, which explains some of my grammar and syntax errors. I apologize if it bothers you.I do also think faster than I type. I did get my work polished and edited before sending it to agents. Not at their request and I didn't pay for it. I have a good friend of mine who does editing.

I did some research about the agents. They are all legit. Some works for smaller agencies and deal with smaller press, and I was just wondering if that would have an effect for my book in the future and that's why I asked all theses questions.

I do thank you very much for all your info. It's appreciated.

Cyia · Feb 4, 2012

It doesn't bother me. There are simply too many people who come here thinking they've hit the jackpot with an agent or editor when they're actually on the verge of being scammed. Repeated mistakes are generally a red flag, but if English isn't your first language, then that accounts for it.

Congrats on the requests!

Melanie · Feb 4, 2012

I understand your point... If you send a query full of mistake, it doesn't look professional and it's unlikely to attract an agent. So it's legitimate to think that only crooks or scammers would answers your query.... Lucky me, my friend is an editor!!!! So I can concentrate more on my story and not on grammar. Although, I try really hard to improve myself.
I appreciate your honesty and your good luck!!!! :O)

Contracts

Melanie

Cyia

Rewriting My Destiny

Melanie

Cyia

Rewriting My Destiny

Melanie