When your agent wants to charge you a fee

Every so often I hear an icky agent story and know you guys need to be warned.

There are two kinds of lousy agents. The first is the scammer, the kind who wants to get money from authors without in any way performing the services an actual agent ought to perform. When you know the basics about the business, you'll recognize those. They ask you for money just to read your manuscript and refer you for "necessary" editing services to their friends, many of whom are actually themselves operating under a different business name.

The second kind of lousy agent is just...slippery. That agent is harder to recognize from the outside. While you know to run from agents who charge reading fees, for example, what do you do about one who brings up "administrative charges" after the contract is signed?

Today a writer sent me a copy of an email his agent had sent him. This agent is a legit agent at a legit agency. It's just that....well, you'll see.

The agent sent the writer an email about changes to their literary agency agreement, with the expectation that the writer would sign it and be thrilled. (Note: I've removed all references to The agency and rephrased in order to clarify in parts. The content is the same, and I verified on the agency's website.)

In the current contract, the only charges are for any extraoridinary expenses that may occur (courier services, foreign exchange, etc.), $250.00 per year, and a $500.00 cancellation fee should the author wish to terminate the contract.

Please note: don't sign a contract with that stipulation. Why should the author be charged a fee to break the contract? There's no matching fee for the agent if the agent decides to fire the writer, after all. Usually an agented writer is pleased to stay onboard. When the writer wants to leave, often it's because the writer has issues with the way the agent is representing the manuscript. By charging this ridiculous contract-breaking fee, the agent has stated that s/he would rather have a bitter, angry client than just part ways amicably.

Right from the start, this stipulation sets up the agent/writer relationshp as an adversarial relationship, one in which the writer is the child who must be punished if there's a disagreement with the agency.

(Industry standard is for both parties to have the right to leave with thirty days written notice, and the agent would be the agent of record on any sales resulting from pitches already made as long as they occur in a certain timeframe. Most agents are glad to have a pissy writer slam the door OR they're willing to work hard to come to an understanding with an earnest but unsettled writer. Remember, agents are negotiators. If they can't negotiate with their own clients, they're missing an important job skill.)

Then we get to the fun part, where the agency describes their new contract, introducing an administrative fee structure:

The first year we represent a manuscript we charge five hundred dollars ($500.00), then an additional two hundred fifty dollars ($250.00) each year until we place it with a publisher. Upon securing a publishing contract, the agency receives 15% of net revenues. 

On their website, they try to sweeten the deal: they explain that this fee helps them partner with writers who are serious and willing to invest in their careers. 

No, folks. This is not normal. You don't have to prove to an agent that you're serious and willing to invest in your writing. As Gavin DeBecker says in The Gift of Fear, statements like that are designed to get the target to act against his or her own self interest in order to prove s/he isn't whatever the speaker is accusing them of being. 

So let's step back and be serious, as the agent wants us to be. This agent seriously wants you to fork over five hundred bucks before even starting the job, and that $500 won't come out of the advance when the book sells. Then, if the agent fails to sell your book in one year, the agent gets rewarded with an additional $250.

In what reality does this make any sense for the writer? After taking your five hundred dollars, why would the agent work hard to sell your manuscript? Agents should get paid by commission. If they don't sell, they don't get paid.

Agents do not get to charge you $500 to make them do their job, then collect commission if they do it correctly, then collect an additonal $250 if they don't do it correctly, and then shake you down for a final $500 when you decide to leave because they didn't sell your book.

If anything, most writers stay with a bad agent far too long because they don't want to be out there on their own again. They stay because they feel like this is their book's only hope. I'm afraid a lot of authors will sign this amended agreement because they think no one else will want them, or because they want to prove their seriousness. But this is not normal.

Run away. Fly like the wind.

I understand that an agency with insufficient cash flow might want to tap additional sources of revenue. But you, you dear writer, should make sure you are not the source of this revenue.

Also, keep in mind that as soon as an agent starts charging this fee, all the agent's good writers will find a way to get out of the contract as soon as possible (not signing the new one, for example) and who will be left with that agency? Only the writers who don't know the industry and don't have a lot of experience or contacts. How long will an agency survive when all its experienced writers leave?

I have nothing against agents making money. I hope your future agent makes lots of money! May you be the occasion of your agent receiving truckloads of revenue, but only because they're getting their 15% after you've gotten your 85%.

Jane Lebak is the author of Honest And For True. She has four kids, eleven books in print, three cats, and one husband. She lives in the Swamp and tries to do one scary thing every day. You can like her on Facebook, or visit her at her website..

How to publish your NaNoWriMo novel

Don't! Not yet!

Okay, let's back up a step. If you've just completed National Novel Writing Month for the first time (http://nanowrimo.org) you're probably riding the crest of your success, thrilled with your book, and already thinking of what to wear at your first book signing.

I get it. Even though I'm a jaded old lady who knits socks on cold nights, I get it. Right now, you love your book. Love it with every last atom of your heart, and you want it in the hands of readers who will love it just as much as you do and sketch pictures of your favorite scenes to post on their tumblr pages where they tell all their friends to buy your book. You can't even think "my book" without thinking 💜my book💜. I've been there.

Do not try to publish it yet.

1) Your book needs time.

Let your book "rest" a bit so you have time to come down from the endorphin rush. You're in love. You're producing so much oxytocin that you could singlehandedly power a rocket to Neptune and then ride a gravity whip out to Pluto. That's not the time to make any kind of judgment about your book.

Go read someone else's book and force yourself not to look at your manuscript for a little while. Later you can come back to it and be a little more objective about the main character, the plot, the setting -- you know, the small details people tend to want to hang together in a story.

If you have a nagging concern in the back of your mind about one specific part of the story, it's probably correct. Even if you don't yet know how to fix it.

2) Your book needs feedback.

Find a few avid readers who aren't afraid of tears or screaming, and ask them if they'll read the first draft of your book. You might have to look online for what's known as a "beta-reader" but do find one, someone who will read through the story and be unafraid to voice all those repeating concerns you had in the back of your head. You know, about things like the main character, the plot, the setting...  It has to be someone who's not afraid to say things like, "I didn't care what happened to your main character" and "Why didn't he just get in his car and leave the house full of spiders?"

(Yes, even if neither of those things apply to 💜your book.💜 A beta-reader must be tactful but fearless.)

It doesn't feel good to get negative comments, but trust me, when the book is published, no one will hesitate to bestow them upon you by the crate-load. And if you're going to publish traditionally, agents and editors also won't worry about your feelings. If you get a negative response at all, it will be along the lines of, "Not for me." You'll need actual feedback.

3) Your book needs detailed critique and an editor.

Once you've gotten through some beta readers, you want a critique partner to go over the book with you on a much more detailed level. Ideally this should be another writer, that way the two of you can chew on different solutions to complex problems. A beta reader might know the plot is confusing but a critique partner will be the one to point out that these three characters could be combined into one character without any damage to the plot, or that the main character's stakes should be raised in Act III (and then make a suggestion on how to do it.)

4) Your book needs a sharp query and an interesting synopsis

Get both of those ready before you start pitching to agents. Make sure you know exactly how querying works and what to expect when you approach agents. Learn what agents do. If you're going to approach small publishers, you'll need to know what they do too, and the kinds of things they want to see. Get other eyes on your query to make sure it's a tantalizing sales letter for your book.

5) Your book needs not to fall prey to scammers.

The larger NaNoWriMo gets, the more predators are going to try making money off it. Before you even consider publishing your book, you need to learn how publishing works, both traditional and independent. The QueryTracker blog is a good start (this site, if you got here by googling "publishing my nanowrimo novel") but you should also find guidance in writing groups. Double check that any service you use is not a scam.

Traditional agents do not charge money to read or represent your manuscript. Traditional publishers do not charge money to publish your manuscript. You should not be bound by contract to purchase a certain number of your own books. You should not have to earn back the publisher's net expenses before receiving royalties. You should be the owner of your own copyright. You should not be forced to sign a non-compete clause. You should have a lawyer review any contract you sign and be prepared that every sentence of any contract will be leveled against you in the worst possible way. If you can't abide by the strictest interpretation of the document, don't sign the contract.

Many writers are desperate to get their stories out there, but if you try too soon, you will undercut your book's success. Your story...I mean, 💜your story💜 deserves the best you can give it. That means time, editing, and honest business practices.

You finished! Congratulations! Now give 💜your book💜 a huggle and tuck it in to rest for a little while.

---

Finding a Reputable Agent or Publisher

Base Image: DragonTash

I recently got an excited email from an acquaintance whose book had been accepted by a "publisher" with a terrible reputation for doing very little publishing and a great deal of stealing starry-eyed writers' hard-earned dollars. I had to give her the bad news that the publisher was not only disreputable, it was a scammer.

To keep the same thing from happening to you (or your friends), it's good to understand what makes a publisher reputable or reprehensible. Read on!

How Do I Find a Reputable Agent or Publisher?

There are a lot of ways to get published these days; Jane Friedman summarized them well in her recent objective infographic, 5 Key Book Publishing Paths. With regards to financial risk and value, a summary of her paths is:

1. Traditional: Advance + royalties model; publisher takes on all financial and creative risk but is extremely selective about which books are chosen (e.g. Penguin)
2. Partnership: No fee to publish, no advance; partner selective about which books are chosen (e.g. Rogue Reader)
3. Fully Assisted: Author pays upfront free; all work is accepted (e.g. AuthorHouse). This is also sometimes referred to as vanity publishing.
4. DIY + Distributor: Author does most work, pays service for conversion of all files into e-book, POD, or print; distribution service may take a percentage of sales and is responsible for paying you (e.g. CreateSpace)
5. DIY Direct: Author does all work and provides retailers with completed books; retailer takes a percentage of sales (e.g. Amazon KDP)

Friedman's Key Publishing Paths Infographic

For a long time, the die-hard rule of the road was, never give money to an agent or a publisher, but the pond has gotten a lot muddier with so many available options. If you wish to self-publish or go through a “fully assisted” service like Author House, you will be paying some money to see your book published; however, if you produce a true quality product that people want and you are willing and able to do the work to promote it, you may do extremely well.

The most outspoken (and one of the most successful) self-publishing authors is J.A. Konrath, who could be called an entrepreneur. He's had so much success and made so much money that he had no problem turning down a $500K publishing deal from a mainstream publisher in 2011.

Of all the publishing approaches, the “fully assisted” (aka vanity) route is still seen by most as the worst since the service will publish anything, regardless of quality, and along the way they will push you to spend more and more money on things you don't need. As Friedman notes, “The self-pub success stories you hear about do not come from full-assist services.” So if you’re going to self-publish, take one of the DIY approaches.

If you want to go a more traditional route, however, you will either need to go through an agent or approach small publishers directly. The trick to this can be sorting the shysters from the reputable, so let’s look at some rules of thumb.

Agents

Not all resources, including some of the big-name publications and databases, put the legitimacy of the agent or agency first, but QueryTracker does. Though you should always keep your eyes open, administrator Patrick McDonald does his utmost to include only reputable agents. People frequently ask why this agent or that agent is not included, and now you know why. (Note: Sometimes there is nothing actually wrong with an agent, she may just be new enough that she has not yet built any reputation either way.)

You should never give money to an agent. If one tries to charge you for anything—from reading to editing to finding a home for your book—run.  Many less-than-upstanding “agents” make their money not from book sales, but from referring unwitting authors to editors who will charge them an arm and a leg without actually providing a quality service. In these cases, the agent gets a kickback from the editor. It’s fine for an agent to recommend more extensive editing than she is willing to do, but choose your own editor rather than accepting a referral. And if an agent takes you on, her editing assistance must be free.  It’s a conflict of interest for an agent who is also your editor to take your money.

When you find an agent or agency that interests you, always do some additional research—and that includes agents on QueryTracker, just to be safe. Two of the best resources (listed beside each QT agent’s entry) include Preditors and Editors for agents and agencies and SFWA’s Writer Beware. You can also ask what other people have heard on message boards like those in the QueryTracker Forum.

Finally, be sure to check out the agent and agency's website and (if available) blog. Reputable agents and agencies should have significant recent sales in the area you wish to publish.

Publishers

QueryTracker has a growing list of publisher listings, which include the same information on acceptance and rejection statistics that is provided for agents and agencies.

The rules of the road are very similar to those noted above for agents.  Traditional and partnership publishers should not charge you upfront fees of any kind, including those for editing. And again, always double-check the publisher’s reputation by looking for recent sales, and by visiting Writer Beware. (If you want to take a look at one active “publisher”—who keeps changing names to try to avoid its own bad reputation—that is notorious for bilking writers, look at the Writer Beware entry on SBPRA.)

Don't Forget!

In both cases, remember—a publisher makes its money from sales. It gets the big percentage (often around 90%), and you get the small one. Likewise, a literary agent makes money because she gets a percentage—usually 15% for domestic sales and 20% for foreign sales—of any money the author makes. If an agent is involved, any money you make goes from the publisher to your agent, who takes her 15% and then sends the rest along to you.

It is therefore in the interest of such reputable agents and publishers to only choose writers who can actually sell books, because the author has to start making money on the book for them to get paid!

Once your manuscript is as polished as you can possibly get it and your betas (and/or editor) can't find much to complain about, you're ready for the next step—querying. More on choosing an agent or publisher who really "gets" your work in a future post!*

Have you ever had a bad experience or a close call with an agent, agency, or publisher? Without naming names, tell us about what you learned from the experience in the comments.

Click the link to Tweet it! Share what you read today:

• Avoid publishing scammers by knowing how to find a reputable agent or publisher...
• Should you ever give money to an agent or publisher? Find out...
• Reputable agents and publishers choose marketable books since the book has to make $$ for them to get paid...

*I’ve gotten several questions via email recently asking me about dealing with agents, so this is the third part of a series of posts on figuring out whether you’re ready to start querying, whether you need an agent,  finding a reputable agent, and choosing someone who really “gets” your work. Of course, QueryTracker.net will help you through all of the stages, and fellow QT blogger Jane Lebak recently wrote a great post on How to Use the QueryTracker Site.

Carolyn Kaufman, PsyD's book, THE WRITER'S GUIDE TO PSYCHOLOGY: How to Write Accurately About Psychological Disorders, Clinical Treatment, and Human Behavior helps writers avoid common misconceptions and inaccuracies and "get the psych right" in their stories. You can learn more about The Writer's Guide to Psychology, check out Dr. K's blog on Psychology Today, or follow her on Facebook!