Sheree Bykofsky's Ask the Agent, column 3

This has been an incredible month. I have met so many wonderful, new authors and have made more than one new lifelong friend. My new office seems to be bringing me magic, and I'm making many positive, personal changes in my life as well. I hope that I can continue to do justice to your excellent questions and answer them in a timely enough way to be useful to you. I want to thank everyone who has given me encouragement and support. It gives me a great lift to know that I am helping, because it's a tough business for authors and agents. Unfortunately, rejection goes with the territory, but thankfully, that's not all there is. May you all prosper and grow and always do what you love.

First, I promised this title from my last column: Kirsch's Handbook of Publishing Law by Jonathan Kirsch, and I continue to recommend Jeff Herman's Insider's Guide to Book Publishers, Editors, and Literary Agents (although the name will be changing in September with the next edition to become part of Prima's Writer's Guide series).

And now for your questions:


From: HERCHUK
To: ShereeBee

I need some speedy advice and hope you can help: Is there any type of standard industry for artists' fees relative to a non-fiction book? I have a completed manuscript that requires some interesting art/photography and graphic design and I have an artist who has done a preliminary concept to submit with the manuscript. So far, this artist's work has been on spec., and we have no type of agreement about future work. Assuming I get a contract for the book and the publishing house likes what this artist is proposing, is there any type of industry standard relative to paying this artist for doing the entire book? Royalties. . .direct payment. . .? This was not originated as a collaborative project, so 50/50 does not seem appropriate. I really need some advice on this -- thanks for whatever you can do.

Dear HERCHUK,

I always believe that whatever the interested parties agree is fair is fair, but there are books that I think will help you:

Business Forms and Legal Forms for Illustrators by Tad Crawford (Allworth Press) and the National Writer's Union Guide to Freelance Rates & Standard Practice (212-254-0673). If those books don't do the trick, try calling or writing some organizations of professional illustrators and ask them. Please let me know what you decide.


From: Onyourear
To: ShereeBee

Should sample chapters be written single, double, or triple space? Should paragraphs be indented the normal five spaces, or should the start of a new paragraph be indicated by skipping down a space?

Thank you in advance for your attention.

Dear Onyourear,

Content is much more important than form, but book proposals and manuscripts should be double-spaced. Except for that, just be neat and professional, and use your best judgement. The most important information to impart is: what is the book, what stage are you at with it, why is it a great idea, why are you the best person to write it and what are your credentials to do so? In addition, it's always helpful to know if it has been submitted to publishers. Be concise but thorough.


From: WESPublish
To: ShereeBee

Hi Sheree,

I'm a new purchasing agent for a publishing company. We're in the process of adding some new kinds of publications to our company. Could you give me some idea of what the customary rates are for purchasing contract manuscripts? Are fees based on a number of pages, quality of the manuscripts, etc.? Any information you can give me would be a great help!

Dear WESPub,

This question is usually asked by authors and tends to make me squirm a little. I always tell authors that I like to let the publishers make the offers and then see if it feels worthwhile and reasonable. Of course, I always try to get for them as much as possible. Depending on the demand (among publishers and for the book), the advance will vary. If more than one publisher is interested, the advance will tend to be higher, especially if the book is sold at auction. Or if the book requires a tremendous amount of work on the part of the author. Or if there is a huge demand among book buyers.

What the publisher typically pays is an advance against royalties (and royalties are somewhat standard), half on signing of a contract and half on delivery and acceptance of a final manuscript. After the advance is earned back from the sale of the book, the royalties will then dictate how much the author earns. Hardcover royalties are typically 10% of the cover price on the first 5000 copies sold, 12 1/2% of the cover price on the next 5000 copies sold, and 15% thereafter. Paperback royalties vary from 6 to 10% and mass market royalties are usually about 8%. Some publishers, particularly textbook publishers, pay on net (amount they receive from booksellers), and the royalties, at least in theory, should be higher. But even so, this is less desirable to the author.

I believe that publishers determine what they expect to sell in a first printing of a book, what the book would cost to produce and sell, and then offer a percentage of what they would expect to pay in royalties for that printing. Perhaps you can get a publisher to tell you their formula? Let me know.


From:WESPublish
To: ShereeBee

Thanks for the quick response. I guess what I'm asking is, how does one determine the "worth" of a manuscript. I am buying manuscripts for a publisher. This publisher would like me to have the full rights to the manuscript before he buys them from me. Therefore, manuscripts I am requesting would be considered "contract" work, right? I was wondering how to determine the amount I should be spending on these manuscripts.

Is cost determined per page, per word, etc.? Also, should I be paying more for published writers? Any help you can give me would be greatly appreciated.

Dear WESPublish,

I do not recommend that authors write whole books on a work-for-hire basis. Occasionally, portions of books are written in this way, but no writer should undertake to write a work-for-hire without a complete understanding of what the term means. This is a question for a lawyer. I believe the American Society of Journalists and Authors (where I am a member) also provides information to writers regarding the issue of work-for-hire. They are in New York at 1501 Broadway, #302, New York, NY 10036 and the phone is 212-997-0947. The National Writers Union also should be of service: East Coast Office, 113 University Place, 6th floor, New York, NY 10003 (phone: 212-254-0279) or West Coast Office, 337 17th St., Suite 101, Oakland, CA 94612 (phone 510-839-0110)


From:Suzanneliz
To: ShereeBee

Dear Sheree,

[An agent--name deleted] wrote that my work has "great potential" but that he did not want to represent me until my work had "developmental editing." He went on to recommend that I speak with [names deleted] of [company name deleted], a "book doctoring" service. He said that he had contacted them and told them about my ms. in case I decide to contact them. He then invited me to resubmit to him if I incorporated [company's] suggestions.

My question is........does this sound "kosher" to you? Or do you have any comments on the use of "book doctors"?

Many thank as always,

Suzanne.

Dear Suzanne,

Yes, this sounds kosher to me. But you should shop for a book doctor as you do any other service, and you should only work with one that you feel comfortable and in synch with. You will be hiring them and paying them and there should be no kickback to the agent. If you suspect otherwise, choose your own book doctor.


From:The Bob K
To: ShereeBee

I'm still trying to locate a home for my first novel, and I bumped into an "opportunity" which involves a book doctor. I was hoping you could offer some guidance on the issue of book doctors in general and the following story in particular.

One of the agents who requested my novel [agency name deleted] wrote back a very nice rejection letter. He made numerous and specific references to the work so I'm confident that he read it. [agent] referred me to [name deleted] of [book doctor company deleted--same company as in above letter] who could help me objectively revise the novel.

I spoke with [book doctor] who indicated that he would critique/edit the work for about $1,200. I contacted [agent] and asked him if representation by [agency] was ensured provided I worked with [book doctor]. [agent] responded in the affirmative.

I then surfed the Net looking for additional information on [book doctor], [agent] and book doctors in general. I found two negative comments, one naming [book doctor] in particular. In a follow-up with the author of the negative [book doctor] comment, she acknowledged that she never worked with them but felt that all book doctors were a rip off. [Agency] is listed as agency, but I found no other references -- authors represented, third-party comments, etc.

I was hoping you would offer your opinion. Do I keep plugging away with other agents/publishers, or do I go the book doctor route to get representation via [Agency]? Any comments would be greatly appreciated.

Dear The Bob K,

It's impossible for me to answer this entirely or to have an opinion about what you should do with your manuscript unless I see the manuscript and feel comfortable critiquing it myself. I can say that it is my opinion that there are many excellent book doctors and that when I recommend one, I trust in their general abilities but do not know if they will be in synch with the material or what they will charge the author. I also cannot read the future and determine that the end result will be one that I wish to represent. I can only hope that the author has liked my recommendation so much that they will be happy with the results and try me again first to consider representation. I'm surprised an agent would guarantee representation without seeing your book in final form and being pleased with it, but anything is possible. Has this agent offered you a contract? Will you be offered a contract when the book is ready? What if you and the book doctor do not see eye to eye on what the book needs? What if you and the book doctor are happy with the end product but the agent is not? These are all questions you should ask yourself now before making up your mind. I have no personal experience with the agent or book doctor you named.


From:Angels3321
To: ShereeBee

Help!

I've written what I've been told is a wonderful children's story and would like to have it published. Manuscripts and/or queries have been sent to numerous publishing houses, each returned rejected. I'm not discouraged (yet), but feel an agent could better present this manuscript to publishers with promising results. Can you give me any advice on how to obtain an agent and/or any other pertinent information. Thank you.

Dear Angels3321,

I do not represent children's books but keep the following children's agents in my Rolodex:

Allan Hartley, Four Harts Inc., 70 Grandview Drive, Glastonbury, CT 06033 Olga Litowinsky, 80 Cranberry Street, Brooklyn, NY 11201

I make no representations about any of them (or anything else for that matter) except that they told me they represent children's books. Also see Jeff Herman's Writer's Guide to Book Publishers, Editors, and Literary Agents and The Literary Market Place.

There are many good books on the subject of children's book publishing.

Good luck.

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