asked to buy books, is this normal?

Gary Clarke · Jan 23, 2008

I've been sent a contract by my new agent in which there is a clause asking that I buy up to twenty copies of my book from the publisher. Is this normal? She is expecting to get at least four to five thousand dollar advances if we're successful pitching. It's my first accepted novel and he's my first agent, seems decent, experienced and above board but I have no experience of this type of thing and was wondering about this clause.

IceCreamEmpress · Jan 23, 2008

What? Your agent is specifying that you need to buy copies of your own book from the publisher? Why on Earth would she want to do that?

No, it's not normal. It doesn't make sense, either.

Gary Clarke · Jan 23, 2008

here is the clause. I don't quite understand it myself

10. You agree to supply or alternatively authorize us to order up to 20 (twenty) copies of your published works from your publishers at your expense for the purpose of pursuing subsidiary rights sales.

PinkUnicorn · Jan 23, 2008

now I've heard everything!

demand to know why you should buy your own books... many publishers will give the author several free copies.... but buy them? WTH?

Gary Clarke · Jan 23, 2008

Damn it. I don't want to piss on my own parade, but it feels a bit off doesn't it?

Gary Clarke · Jan 23, 2008

She's e-mailed me to say that the author usually gets ten copies anyway and it's rare to need to buy more. I wonder should I just go ahead and sign, as in all other respects this contract seems perfectly normal.

astonwest · Jan 23, 2008

I would suggest asking Victoria (over in the Bewares and Background Checks board) about this agent and this practice, but that's just me.

It sounds off to me as well...

KTC · Jan 23, 2008

There's a stink in Stinksville. Yes...ask someone in the know. I am not, but I would walk away from this one. Strike that...I would take a bus away from this one.

brokenfingers · Jan 23, 2008

Of course, you should check this with some of the professional writers here like James D. MacDonald, but publishers often send out mass copies of your book to reviewers, magazine editors, publicists, foreign rights agents etc. to generate interest, publicity and, like they said, pursue rights for your book in other markets.

It sounds to me like they're covering their bets in case your book tanks, they won't lose that money in addition to the money they'll have lost on the advance, production and distribution of your book.

I'd suggest talking with your agent about it and clarifying what it means. Part of an agent's purpose is to give you advice and offer their take on things as well as to aggressively pursue your interests in the publishing industry.

In the end, the more money you make, the more money they make.

Good luck.

P.S. I'm assuming this agent had been verified and is accredited etc. Correct?

Gary Clarke · Jan 23, 2008

Hi all,

Thanks so much for the advice. it encouraged me to get back to her and talk about the clause again. I think brokenfingers is right, it seems to have lot to do with what he says in his informative post.

To answer some of your questions, I did a pretty good bg search on this agent before I approached her ( including talking to VS) and found only good things (though not a huge amount of information). Though she's just about starting out in this particular branch of publishing, she's got a good track record in other aspects of the business and seems to be well liked and trusted by her other clients. I got to say, she's been nothing but approachable and encouraging to me so far, and like I said, the rest of the contract is standard, nothing unusual or scary or off putting.

I expressed my concerns to her about the clause and, though she is happier keeping it in, she's agreed to reduce the number of books in the clause down to ten.

I feel like I'm diving off a cliff, but I think, after much dithering, I'm going to sign. Shall I keep you posted on how it goes?

Rolling Thunder · Jan 23, 2008

Gary Clarke said:
I expressed my concerns to her about the clause and, though she is happier keeping it in, she's agreed to reduce the number of books in the clause down to ten.

The fact that 'she' (being your agent) would prefer you to buy your books, be happier in keeping that clause -and- being the one -agreeing- to reduce the number of books...I see red flags all over the place.

Gary, PM or Email Victoria Strauss or James MacDonald for a concise discussion on your agent and publisher and keep it private until you're sure this situation is on the level.

ETA: By the way, is this an autobiography, Gary?

Gary Clarke · Jan 23, 2008

No, it's not an autobiography, why do you ask?

Rolling Thunder · Jan 23, 2008

You have the same screen name as a gentlemen who has been in the entertainment circles for a long time. I thought you might be one and the same.

Gary Clarke · Jan 23, 2008

well I've been in the film business for a long time, but I'm not famous. I think you might be thinking of a different fellow?

Gary Clarke · Jan 23, 2008

ah, just googled my own name. I've never done that before! Is it this fellow? http://www.imdb.com/name/nm0164766/ funnily enough, I also lived in Arizona for the longest time. But no, that's not me :0) I'm not that interesting.

Rolling Thunder · Jan 23, 2008

ETA: Removed link, which was the same as Gary's.

But, regardless, please check with Victoria and Uncle Jim about your dilemma. If you've never heard of Yog's Law -Money flows towards the Writer- you'll find it in my sigline on 'How to become published'.

Yog is actually our very own Uncle Jim, and this single bit of advice is a mantra among writers because it is a bellwether of the most basic truth.

Good luck, Gary, and I hope to see you around here more often.

Popeyesays · Jan 23, 2008

Actually, ask the agent to negotiate the books with the publisher. Why should you pay for them? The publisher is certainly going to be all for finding subsidiary rights deals, it will bump sales of the book across the board.

Regards,
Scott

Gary Clarke · Jan 23, 2008

Thank you rllgthundr, I've e-mailed VS for her advice.
And ok Popeyesays, I'll do that.

Rolling Thunder · Jan 23, 2008

You're welcome, Gary. You did the work so you deserve to be properly compensated for it.

Carrie R. · Jan 23, 2008

I've seen agent contracts (from very reputable agencies) where the agent has the right to reimbursement for purchasing galleys or books to send out for subsidiary rights. Most of the authors I've talked to with this clause have never had it used, but I'd be curious to know what you find out.

Gary Clarke · Jan 23, 2008

That's very interesting. And really quite a relief. Thanks so much for telling me that Carrie, it's made me feel a lot more confident.

Irysangel · Jan 23, 2008

I don't know - maybe it's just me, but I don't find that clause that scary. Here's the thing - the agent is going to try and sell copies of your book for you to other markets, probably foreign language ones. The clause states that you are going to make sure that the agent has 20 copies of your book in which she can send those out and try to make sales.

My contract with my publisher specified a crazy amount of author copies, and almost as many agent copies. So if this were my agent, I wouldn't have to worry about it. But some publishers do not provide many copies, hence the clause. I think, basically, the agent is stating that she doesn't want to pay for these copies out of her pocket.

I think the same would apply for your contract - if you signed with a publisher and they provided, let's say 50 copies for the author, and zero for the agent, the agent is asking you to send her 20 of them so she can market. If the contract states 20 copies for the agent and 20 copies for the author, no one needs to buy anything.

Some agencies charge their clients for photocopies. I'm not sure that this is far out of the same realm. Bottom line is - you should ask the agent to clarify.

IceCreamEmpress · Jan 23, 2008

Gary Clarke said:
here is the clause. I don't quite understand it myself

10. You agree to supply or alternatively authorize us to order up to 20 (twenty) copies of your published works from your publishers at your expense for the purpose of pursuing subsidiary rights sales.

This doesn't look like the standard wording at all.

As Carrie R. says, some agents do specify that ordering books from publishers for rights sales is a reimbursable expense, but this is a weird way of putting it, which makes my ears perk up. Publishers are invariably, in my experience, eager to supply agents with the copies they need to market subsidiary rights, seeing as the sale of subsidiary rights provides a benefit for publisher as well as author.

Have you had an attorney who knows something about publishing look over this contract?

Toothpaste · Jan 23, 2008

Everyone has given you excellent advice. All I can add is my confusion as to why they need your published book to send out for subsidiary rights. My agent just sent out the MS in MS form to foreign publishers. She didn't need a bound book version. That's what confuses me.

Irysangel · Jan 23, 2008

Toothpaste said:
Everyone has given you excellent advice. All I can add is my confusion as to why they need your published book to send out for subsidiary rights. My agent just sent out the MS in MS form to foreign publishers. She didn't need a bound book version. That's what confuses me.

Yeah, I wondered about that too. It might just be the way that agent works. Maybe he/she feels the results are better with a published book. Don't know. I do stress that the agent should be contacted and asked. If you are uncertain about anything in your contract, it's just going to make you more nervous if you happen to get a book deal.

asked to buy books, is this normal?

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