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So clause 4 and 5 don't bother you at all? The fact that they could take the plot and use it as their own? Sorry, but this just freaks me out.
Those clauses are not that unusual. Moreover, a plot is essentially meaningless. It's not even covered by copyright law. This is the plot of Macbeth:
A couple plot to kill hisher boss/king/father and takeover. He/she goes mad. He or she sees visions/hallucinations/hears voices urging him/her to kill competitors. A prophesy makes him/her think they are invulnerable. The child/sibling of one of the people he/she murdered ends of killing him/her.
Plot is just a sequence of events; it's the unique development and expression (the language) that makes a work unique.
It probably comes from someone actually threatening to sue over a "stolen idea" when two queries crossed an agent's desk with the same-ish plot, one of which was rejected and one of which was accepted and eventually published.
If you could see how often I finish drafting a book, only to pick one off the shelf that has, not only a similar plot, but similar names, themes, symbols, etc. I nearly threw a book across the room when, on top of the similar plot and same color-coding I used for different groups, one of the characters had the exact health problem I had given the equivalent character in my book. This on a book I had just started querying.
Somebody in a similar situation who had been querying a while might accuse an agent or publisher of "stealing their work." That's why that's there.
If you could see how often I finish drafting a book, only to pick one off the shelf that has, not only a similar plot, but similar names, themes, symbols, etc. I nearly threw a book across the room when, on top of the similar plot and same color-coding I used for different groups, one of the characters had the exact health problem I had given the equivalent character in my book. This on a book I had just started querying.
Somebody in a similar situation who had been querying a while might accuse an agent or publisher of "stealing their work." That's why that's there.
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Kimber, no, it doesn't bother me at all. May I suggest that you spend some quality time with a slush pile?
Plot simply isn't what makes great writing unique! I'm thinking that if your plot is too unique, it might seem strange during a submission. Try to imagine cookbooks if you will (my own specialty for many years), would a publisher rather do a really well executed book on a popular cuisine or a book (of any quality) on a cuisine that nobody's ever heard of? There are an awful lot of ways to tell a story, but not all that many worthwhile stories to tell.
1 - There is no such thing as an original plot. If you think yours is, you have not read widely enough
2 - Execution is everything. You should do a writing group exercise where a group of authors all take the same opening paragraph and write the story then see how differently they come out.
3 - Reputable agencies do not do this (and TMG is highly reputable), their authors have more than enough ideas of their own.
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The wording of the clause (“created independently by Trident or its clients”) tells me they are not talking about “taking your plot and using it as their own.” They are talking about not being liable for coincidental similarities that might arise. The agency contracts I’ve seen have a clause specifying that the agency is allowed to represent authors whose work might compete with your work in the marketplace. This seems like a similar proviso, ensuring the agency’s freedom to do their business, rather than any kind of rights grab. (I am not a lawyer!)
No. 5 is a little odd because material is so seldom sent in physical form these days. I suppose it also covers the accidental deletion of a file, maybe preventing you from suing because your stuff got lost in the shuffle (which does happen sometimes). But that doesn’t mean you can’t still nudge the agent and say, “Hey, what’s happening with my sub?” In a polite way after a decent interval, of course. It just means you can’t take legal action against them if they never get back to you. That’s my guess.
No. 5 is a little odd because material is so seldom sent in physical form these days. I suppose it also covers the accidental deletion of a file, maybe preventing you from suing because your stuff got lost in the shuffle (which does happen sometimes). But that doesn’t mean you can’t still nudge the agent and say, “Hey, what’s happening with my sub?” In a polite way after a decent interval, of course. It just means you can’t take legal action against them if they never get back to you. That’s my guess.
I signed it back in January and then submitted my full manuscript. A week or so later the relevant agent offered me representation and I was sent a five-page agency agreement. I hired a publishing lawyer to review it and we agreed a few changes before I signed it. Fingers crossed it all works out.
IMHO unless things have changed with Trident SIGNIFICANTLY since Mark's behavior implosion I'd be wary of Trident as we don't know what sort of damage the entire scandal did to their reputation with editors and publishing houses
I did wonder about that, PMcKnight, but I checked Publishers Marketplace and the agents continue to make decent deals. Mark is not my agent.
acadia1997
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I signed with Mark in January 2020. He was referred to me by a friend who's a very successful author. She forwarded my query and manuscript on my behalf. He read it within a few days, then offered me a contract over the phone. We spoke for quite a while. I told him of my past bad experience with a small press and how skittish I was because of it. He proceeded to talk me into signing with him, which I did after he compared my manuscript to some pretty big giants in my genre. Afterwards and without asking for any edits or revisions, he submitted en masse to at least 2o Big 5 publishers & their imprints and shared their replies with me. Then covid hit and we went into lockdown, and that was pretty much the end of it for me. He failed to submit to any more publishers or reply to my emails except to say I was up to date. He wouldn't answer anymore questions. So three months before my TMG contract expired, I sent a certified letter ending our relationship once the contract hit the one-year mark. Otherwise, it would've automatically renewed for another year. Mark was pleasant and cordial with me, and he did submit to a bunch of pubs, but I never felt like he was doing anything more than that. And when he failed to reply to my questions, I washed my hands of him, which was really hard for me because landing an agent felt like such a big deal. I can't say he did anything unethical. He just did the bare minimum, which I appreciated, of course, but it wasn't enough, and I felt mislead by his initial phone conversation.
