Sheree Bykofsky's Ask the Agent, column 4

From: CreateB
To: ShereeBee

You are providing a valuable service by answering questions in this manner. Thank you! Here's one I'd appreciate an answer for. I've been offered a contract by a literary agency to represent my novel, but the contract calls for a $650 advance as a "retainer fee for out-of-pocket expenses such as photocopying, calls, etc." This concerns me. I understand the need for covering expenses, but why the need for an advance? What's your take/advice on this? Much appreciate your time! I look forward to your response.

Dear CreateB,

I am not completely aware of what the common practice is. I will tell you what I do: My contract provides for the author to pay for expenses such as photocopying, postage, foreign shipments, and long distance telephone calls and allows me to either bill the author or deduct the expenses (up to a lifetime cap of $150) from the publisher's payment. In practice, I rarely bill authors. If I do fail to sell a project after many attempts, I ask the authors to pay what they wish, and they're usually delighted to give me the $150, knowing how hard I work before I give up. I usually find that the expenses are $300 - $400 if the publisher controls foreign rights (thus costing me $150 - $250) and more if I control foreign rights. But I set the cap at $150 to make the authors comfortable. As an author, I would be uncomfortable giving an advance of $650 for expenses. I would want to know from this agent: would the expenses be documented and would you get a rebate if the whole amount were not spent?


From: CBR60095
To: ShereeBee

I am a first-time novelist. I have just received a contract from Commonwealth Publishing Co. in Canada. They have proposed a deal which I have never heard of. They call it a "joint venture" contract. In it, they propose that I pay them $3850. This is non-refundable. In return, they have agreed to pay me royalties of 40% of the retail price on the first 2500 copies sold and 15% of the price of all sales over 2500 copies. (They intend to begin with 10,000 copies.) The retail price will be $4.99, and the total royalties add up to over $10,000 (less my contribution). They put forth plans to market the novel aggressively. What should I do?

Dear CBR,

I have heard of "joint publishing," but I am wary of it. To me it smacks of vanity publishing. I do not believe in paying to have your book published, unless you are self-publishing. I know nothing about Commonwealth, except I have seen their contract and personally would not sign it. In the publishing world that I'm familiar with, publishers pay authors advances against royalties for the right to publish their books and distribute them in bookstores. I would want to know foremost if Commonwealth gets its books into regular trade distribution and whether authors whom they've published have earned any many.


From: Phylwriter
To: ShereeBee

May I ask you a question? I'm curious to know what are the most important things that you need to know, as an agent.

Publisher names, contacts, numbers, what they're looking for...etc?

And information you need to have available to writers and publishers:

What you represent, years in biz, phone, address, submission info...etc?

How do you normally go about finding out all of this information, and/or having information about yourself listed? Does everyone do this the same way? Is it cumbersome? Time-consuming? What does AAR do for you, exactly?

Dear Phylwriter,

These are all excellent questions. I will try to answer them all.

The answer to your first question is yes. The most important thing I need to know is what publishers are looking for and, more specifically, what individual editors' tastes are. Or more broadly, what is the general public hungry for when they go into a bookstore or what will they want to read two years from now.

This September I am celebrating my fifth year as a corporation. After establishing my agency in the 80's and years of hard work and no payoff, I finally sold four books in a single month in 1991. That's when I incorporated and I have been selling books steadily ever since. Last year I sold 31 books. In the first two weeks of August, I sold 7 books! I am looking for whatever appeals to me in both fiction and non-fiction, and I love when my books do some good for the world: handbook for the Soul; Volunteering in New York City; Successfully Self Employed; The Hidden Face of Shyness, etc.

I am listed in just about every book on agents. I have a web page (bookbuzz.com). I update my listings annually.

It is very helpful for me to be a member of the A.A.R. (Association of Authors Representatives). The meetings are informative; I love to associate with other agents and get advice from them and share stories with them; and I feel it is a prestigious membership. In order to be a member, I had to sell 10 books and agree to abide by their Canon of Ethics. I feel confident in recommending authors to A.A.R. members and proud to say I am a member.


From: LaRitaMari
To: ShereeBee

Hi!

I have a question for you. (Whether you answer this via email or post it in the "Ask the Agent" section is your own choice.)

I have been published in several magazines, but now am working on my first novel...It is a mainstream thriller, of the John Grisham/Mary Higgins Clark/Sidney Sheldon type genre ( if that is such a genre ). Do I need to finish the book before I go about finding an agent, or can I begin the searching process now? I am less than half-way finished on the book, but do have an outline done.

Thank you in advance for your advice!

Dear LaRita,

You don't have to do anything, but it is advisable to finish (AND POLISH) the book first before seeking an agent and certainly before showing it to publishers. It is very rare when any novel gets sold based on a proposal--unless you are John Grisham or, ahem, Joan Collins. If you are John Grisham, you don't even need a proposal or a title. Finishing the book should pay off for you, too. The finished product, if it is publishable, has got to be more valuable than the promise of a good book. Thus your advance will be higher. It's hard enough to sell fiction. Do it the right way. Give it your best shot.


From: Sarah CET
To: ShereeBee

About getting published, Where do I start? Who do I contact, where do I go and what do I say? I'm just starting to write, mostly short stories, but I would like to get them publish[ed]. Any info would be really great. Thanks! -Sarah-

Dear Sarah,

The best place to start getting published--especially short stories--is in magazines. Get a copy of the Magazine Market Place and look at the writer's shelf in your local bookstore for specifics on how to submit pieces for publication. Once you are a published writer, it is easier to find an agent for a book deal and easier for an agent to place you with a publisher.


From: JMontel738
To: ShereeBee

Congratulations! I just read your column for the first time. It's very good!

I have a question for you. When representing a book to foreign agents what commission do you charge and what expenses do you recover?

Thank you.

Dear JMontel,

Thank YOU! Generally I split a 20% commission with foreign agents or split 15/10 with sub agents (with the author's approval). See my prior posting about expense reimbursement.


From: Wafnamage
To: ShereeBee

Dear ShereeBee--

I just found the internet writer's club area, and I have been reading through some of the letters and messages posted there. I came across your questions and answers, and after reading through them, I am troubled. I have several questions, so please bear with me.

Is it common for agencies to refer potential clients (or anyone, for that matter) to editing companies, and do editing companies normally charge fees into the thousands to do a critique or line-by-line edit?

About querying -- from what I understand, it is acceptable to query more than one agency at a time. When sending out manuscripts to agencies, partial or complete, should you restrict yourself to one agency at a time, or can you send the same manuscript out to more than one agency at the same time? What about sending out different manuscripts to different agencies at the same time?

Will agencies only accept work that has not already been submitted to a publisher? I ask because I have completed 2 romance books, one of about 65,000 words and the other of about 85,000 words. I sent 2 chapters of each book, along with a synopsis and query letter to one publisher, and only a synopsis and query to a different publisher. Are these manuscripts now ineligible for consideration by an agency?

I don't know if you normally e-mail each person back separately and then put together the article for the Writers Club, but if it is possible for you to e-mail me back personally, I would appreciate it. I am waiting to send out my sample chapters until I hear from you. Thank you!

Dear Wafnamage,

First, regarding independent editors, it does happen that agents refer writers to independent editors when the book shows promise but is not representable in its current form. When I make such a referral, I make it clear that I make no representations about the editors and I do not receive any commission from them. In fact, I don't have a clue what they charge and want to remain in the dark about it. If and when the author and editor put together a revised proposal that they are satisfied with, I hope they will ask me again to consider it for representation, but no one is under any obligation. It is just a courtesy. If other agents make other arrangements than what I have just described, I am unaware of it, and I can't say whether or not I would approve unless I heard the situation.

Regarding exclusivity, I believe I have answered this in a prior posting. If I have not been clear, please let me know. Third, having submitted your manuscript to only one or two publishers should not preclude you from finding an agent. Just be honest with agents when you approach them about the submission history of each work.


From: Bumsaway
To: ShereeBee

Like many writers fortunate enough to get an agent I feel somewhat frustrated by his (so far) failure to find a publisher for a ---what else?---terrific thriller I wrote. This agent prefers thrillers and mysteries which is all well and good---but now, I've written a comedic screenplay. Let's assume what I've written is actually a knee-slapping, rib-cracking barrel of yucks---what do I do if he literally "doesn't get it"????

Can I keep him as agent for the thriller and seek representation for the screenplay? I'm not sold on convincing this agent that the screenplay is wonderful---If he doesn't get comedy he certainly won't market it as aggressively as I'd like.

If I seek an agent who enjoys thrillers AND comedies, haven't I shot myself in the foot by signing with an agent who has already made some submissions to publishers?

So, what do I do? Can I have two agents that represent different properties?

P>S> By the way, should I query you about thriller and comedy? I found you thru the mentor program but wasn't certain how to ask my question(s). E-mail or some other way--hope you don't mind E-mail.

Dear Bumsaway,

Thanks for asking, but I don't do screenplays unless there is a book first. You can have different agents for different things but they should not be out with your projects simultaneously and should both be informed of the other's efforts. I would consider any book manuscript that has not been to more than two or three (non-choice) publishers. I tend to sign a book by book deal with my authors. Although I am interested in representing their career, I do not want to find myself representing something about which I am not enthusiastic and I don't want my authors saddled with an unenthusiastic agent. I do, however, try to influence my authors to keep producing things that I do love, and it's worked very nicely so far.

Good luck,

Sheree

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