The Agency Contract

Ms Blair,

Thank you very much for sharing the benefits of your experience with us. I am much better informed now.

I actually asked my 'Stateside attorney to represent me, and she told me that I needed a "specialist" for that job. She said she could do it, but I would "end up bleeding" if she did. Apparently, that's a legal industry term.

I will, however, pass your links on to her. I believe that if she reads it (she's a busy woman) I will be better protected. I think she might.

Also, if you would forgive me.

(Oh, God, please forgive me, I can't help myself.)

As for the world-wide scope of the representation, I had spoken, by then, to a UK agent (not the one who now represents me) who I liked a lot.

You used "who" in the objective case. Perhaps you meant to say "whom".

I have spent the last couple of months trying to improve my use of language, and I am a little twitchy.

I am sorry about that. Your insights are very good, and I have gained the benefit of your professional opinion. I appreciate it.

Dave

how do you know when you have a bunk contract? i cant afford a lawyer so im on my own.

I never work with an agency contract. I work with a simple "I send you a book, you find it a home, and I give you fifteen percent of whatever the book earns."

And she isn't allowed to ask for revisions.

My agent and I have a handshake agreement. It's worked out well. All the legalities are in the contract I sign with the publisher.

Thanks for the help.

Peggy, thanks so much for sharing those thoughts!

Dave, it's absolutely fine in US informal English to use "who" in the oblique case as well as the nominative and vocative cases.

Being a stickler yourself is admirable, of course.

Dave Willhoite said:

Also, if you would forgive me.

(Oh, God, please forgive me, I can't help myself.)

As for the world-wide scope of the representation, I had spoken, by then, to a UK agent (not the one who now represents me) who I liked a lot.

You used "who" in the objective case. Perhaps you meant to say "whom".

I have spent the last couple of months trying to improve my use of language, and I am a little twitchy.

Click to expand...

Dude, you totally need to learn about Skitt's Law.

very helpful!

Jamesaritchie said:

I never work with an agency contract. I work with a simple "I send you a book, you find it a home, and I give you fifteen percent of whatever the book earns."

And she isn't allowed to ask for revisions.

Click to expand...

James, that's quite of a statement, even coming from you.

You aren't allowing your agent to provide input or suggestions? Interesting. Does she say anything when you submit a new manuscript to her?

My book has now been sold to a Dutch and German publisher, but not an English or American one, which of course makes things interesting in terms of what happens next. (And how I'll be able to read it myself...)

Click to expand...

Congratulations! You already established a wide market for your book, I hope it will sell well. Keep us informed

I didn't even read my agreement, my wife's brother did. He said it was standard, so I signed it.

Eddyz Aquila said:

James, that's quite of a statement, even coming from you.

You aren't allowing your agent to provide input or suggestions? Interesting. Does she say anything when you submit a new manuscript to her?



Congratulations! You already established a wide market for your book, I hope it will sell well. Keep us informed

Click to expand...

Why in God's name would I allow an agent, who isn't a writer, who isn't an editor, who probably has no clue how something should be written, and often no clue what an editor wants, to provide input on something that I'm the pro at doing?

Agents are better at screwing up novels than fixing them, and at least as often as not, they very things an agent wants changed will be the exact things an editor wants left alone. Publishing houses are full of bad manuscripts precisely because too many writer allow agents to tell them how to write, and agents generally just do not have a clue.

It isn't an agent I have to sell, it's an editor, and even if he doesn't know any more than an agent, which he pretty much always does, he darned well knows what he's willing to buy.

And the last thing I need help with is writing. If I needed help with this, neither an agent nor an editor could help me. I don't plot, and I write books that simply fall apart with much revision. So do most writers, no matter what agents tell them.

Writers, particularly new writer, think agents have some sort of supernatural sense about what the public wants, and about what editors want. Almost none do. Agents, even agents that sell a lot of books, flood publishers with crap no one wants. If agents really knew, shouldn't they get it right a lot more often than they do? If they really knew, would you know so many writers who have agents, but still can't sell a book anywhere, let alone to a major publisher?

Writers should write, agents should agent, and editors should edit. But too many agents want to be writer, agent, and editor, and far too many new writers allow them to do just this.

Eddyz Aquila said:

You aren't allowing your agent to provide input or suggestions? Interesting. Does she say anything when you submit a new manuscript to her?

Click to expand...

I'm going to ditto what Jamesaritchie said. My agent doesn't provide input or suggestions on what should be in the writing. That's my job.

That said, many writers do get such input from their agents and value it. Whatever works for you.

I'd call this one of many issues to be discussed before committing to an agent.

Jamesaritchie said:

Why in God's name would I allow an agent, who isn't a writer, who isn't an editor, who probably has no clue how something should be written, and often no clue what an editor wants, to provide input on something that I'm the pro at doing?

Click to expand...

Well that's exactly the point, the agent is there to provide some fixes because theoretically he knows the market better than you do, so in that respect he will ensure a higher marketability for your novel and it will be easier to sell to a publisher. Theoretically. Practically, well, it's a different story.

Agents are better at screwing up novels than fixing them, and at least as often as not, they very things an agent wants changed will be the exact things an editor wants left alone. Publishing houses are full of bad manuscripts precisely because too many writer allow agents to tell them how to write, and agents generally just do not have a clue.

Click to expand...

Fully agreed on this, but rejecting any idea/suggestion from an agent from the start isn't it a bit too extreme?

Writers should write, agents should agent, and editors should edit. But too many agents want to be writer, agent, and editor, and far too many new writers allow them to do just this.

Click to expand...

Thank you for the advice. I didn't consider this before.

I very much think it's best that the agent contract refer to one work as opposed to all works. When the contract pertains to all your works, you're tied down, but your agent isn't - she doesn't have to submit anything she doesn't want to. And she may take her time reading your next submission knowing she has you locked in. You can terminate the contract at that point, but it's a hassle and it could create hard feelings.

Eddyz Aquila said:

Fully agreed on this, but rejecting any idea/suggestion from an agent from the start isn't it a bit too extreme?

Click to expand...

It is extreme, and in many cases, it's a bad idea. However, James has a very specific view on agents that a lot of other writers don't share.

Sometimes agents have very good ideas that dramatically improve manuscripts. And sure, sometimes an agent's suggestions make it worse. There's no fool-proof test to know which is which, so if you're unsure, the writer should always follow his or her gut.

But to blanket-reject all agent suggestions? No.

Peggy Blair said:

I hope it helps those of you getting offers to figure out what should be in the contract you're considering, before you sign.
http://peggyblair.wordpress.com/

Click to expand...

You ought to get a kick out of the contract that aspiring writers sign with James Frey's notorious 'fiction factory':
http://nymag.com/daily/intel/2010/11/read_the_brutal_contract_from.html

Sometimes I ask my agent which of several ideas would be the better one to work on Right Now.