Non-exclusive or limited term agent contracts?

SkipII · Feb 14, 2007

After ending the contract with my first agent and re-writing my book proposal, I've gone from zero to about eight in the last two weeks in terms of having agents interested in my book. Yeah.

Now the issue is whether I want or need to lock myself onto one agent when some of the better agents (NY particularly) may not get back with me on a decision for a few weeks.

I recognioze the shared value of a contract that allows the agent to have time to work a proposal, but is it customary to have short-term or non-exclusive arrangements?

KCH · Feb 14, 2007

When you come to an agreement for representation, that's it. No more shopping the proposal unless and until you and your agent formally conclude the arrangement. Could you imagine the mess and confusion if publishers were to have several agents pitching the same ms.?

SkipII · Feb 14, 2007

KCH said:
When you come to an agreement for representation, that's it. No more shopping the proposal unless and until you and your agent formally conclude the arrangement. Could you imagine the mess and confusion if publishers were to have several agents pitching the same ms.?

Lecture not needed. Please note the last part of my note -- I said an "agreement." I would not dishonor an agreement. My question is whether it is customary to set a non-exclusive or shorter-term agreement.

SkipII · Feb 14, 2007

Or...

Or a limited negagement where an agent has a relationship with a particular publisher or is engaged to purse a prescribed number of targets.

Tish Davidson · Feb 14, 2007

No it is not customary and most agents won't go for it. If they are going to put their effort into reading your manuscript and working with you and put their credibility on the line with publishers, they want to know that there is a good chance it will pay off and they won't be cut out of the picture by someone else because they didn't meet an arbitrary time frame.

just_a_girl · Feb 17, 2007

Agents make their living from selling manuscripts, so they want to make sure that they'll have an opportunity to do that. Or else why bother? Hence, most probably wouldn't agree to a nonexclusive contract.

victoriastrauss · Feb 17, 2007

A good agent's contract is self-limiting, in that it has a terminate-at-will clause. So if you don't like what your current agent is doing, you can sever the relationship (though some have provisions that prevent you from using such a clause for six months or a year).

There are also agents whose contracts are for a limited time period, say a year, after which the contract renews automatically unless one or the other of the parties decides otherwise.

I can't imagine that any agent would be willing to work on a non-exclusive basis. This actually benefits you as well as the agent. Since the agent earns money only if you do, granting him the exclusive right to rep you gives him a strong incentive to sell your book and get the best deal possible. With a nonexclusive arrangement, where he knows that someone else might cut him out, he'll be much less motivated to bust his butt on your behalf.

No matter which agent you sign with, it's a one shot deal as far as publishers are concerned, because publishers don't want to see projects they've already rejected. In other words, if your agent submits to five publishers and they reject the project, and you subsequently give your agent the boot, a new agent will not be able to re-market that same project to those publishers.

An agent-author relationship is like marriage: you can get divorced, but first you have to commit.

- Victoria

SkipII · Feb 17, 2007

Thanks.

victoriastrauss said:
A good agent's contract is self-limiting, in that it has a terminate-at-will clause. So if you don't like what your current agent is doing, you can sever the relationship (though some have provisions that prevent you from using such a clause for six months or a year).

There are also agents whose contracts are for a limited time period, say a year, after which the contract renews automatically unless one or the other of the parties decides otherwise.

I can't imagine that any agent would be willing to work on a non-exclusive basis. This actually benefits you as well as the agent. Since the agent earns money only if you do, granting him the exclusive right to rep you gives him a strong incentive to sell your book and get the best deal possible. With a nonexclusive arrangement, where he knows that someone else might cut him out, he'll be much less motivated to bust his butt on your behalf.

No matter which agent you sign with, it's a one shot deal as far as publishers are concerned, because publishers don't want to see projects they've already rejected. In other words, if your agent submits to five publishers and they reject the project, and you subsequently give your agent the boot, a new agent will not be able to re-market that same project to those publishers.

An agent-author relationship is like marriage: you can get divorced, but first you have to commit.

- Victoria

I have a good deal in front of me now and it has an acceptable terminate-at-will clause. What I'm focusing on is saying something like "If you can get me to publisher X/Y/Z, let's start working." I have done enough research where I know the top four places to propose my book -- and the current agent candidate has placed several dozen books with those houses, so they answer his calls. To your point, I don't want the agent scattering proposals around to too many places with which he does not have a relationship; it limits the field for another agent later.

Thanks very much for your help.

victoriastrauss · Feb 17, 2007

Agents (successful ones, at least) don't maintain relationships with just a few publishers, but with all the publishers that are appropriate for the kinds of books they represent. Even if they've never sold to a particular editor or pubisher before, they still know what those editors are looking for, or can contact colleagues to find out. Similarly, an editor will recognize an established agent's name and reputation--and return his calls--even if the editor has never bought anything from that agent.

That's really why you hire an agent: for his wide network of connections. If the agent is successful, his knowledge of suitable editors and publishers will certainly exceed your own, unless you yourself have worked in publishing. Even your best research can't provide you with the kind of inside knowledge a good agent has.

If you're going to commit to a relationship with an agent, you need to trust the agent to do his job (always assuming that you're querying successful, reputable agents), and not try to micromanage him. That's not to say you shouldn't keep informed--but your agent is the professional, and you need to treat him as such.

- Victoria

Tish Davidson · Feb 17, 2007

SkipII said:
I have a good deal in front of me now and it has an acceptable terminate-at-will clause. What I'm focusing on is saying something like "If you can get me to publisher X/Y/Z, let's start working." I have done enough research where I know the top four places to propose my book -- and the current agent candidate has placed several dozen books with those houses, so they answer his calls. To your point, I don't want the agent scattering proposals around to too many places with which he does not have a relationship; it limits the field for another agent later.

Thanks very much for your help.

If you trust an agent enough to sign with her, why would you want to tell her how to do her job? She knows a lot more about the current market than you do no matter how much research you have done.

SkipII · Feb 18, 2007

Background

I seem to have elicited all these lectures in my first post. It certainly does appear I am trying to circumscribe my agent's work and role. I guess it was because my first agent was very unfocused and did not do some of the most obvious things, and showed no initiative at all. So, I am feeling a little burned.

At the same time, I don't discount my research. I've rewritten the proposal and received responses from eight agents and two publishers, all of whom were pretty struck by how much work has been done and how well the market has been identified, quantified and is reachable. I may be in the awkward but enviableposition of being able to pick from 3-4 agents. Given my earlier experience, I probably was trying too hard to hedge my bet.

But yes, agents need some time/room to run. The answer is to put the research into the agent side of things and make sure I get a good one -- and let them do their job.

Tish Davidson · Feb 18, 2007

What was your thinking behind querying agents and publishers at the same time?

SkipII · Feb 18, 2007

Tish Davidson said:
What was your thinking behind querying agents and publishers at the same time?

In some cases I was aware of publisher who accepted "un-agented" proposals or I was referred in directly by an author who was published by them.

No, I'm not littering publishers with proposals.

Non-exclusive or limited term agent contracts?

SkipII

KCH

SkipII

SkipII

Tish Davidson

just_a_girl

victoriastrauss

Writer Beware Goddess

SkipII

victoriastrauss

Writer Beware Goddess

Tish Davidson

SkipII

Tish Davidson

SkipII