Tag: literary agent

  • 7 Book Publishing Terms Writers Should Know: A Literary Agent’s Guide

    7 Book Publishing Terms Writers Should Know: A Literary Agent’s Guide

    As a literary agent in major trade publishing at the Trident Media Group literary agency, I often have to explain many of these key book publishing terms and phrases to new clients.

    Here are some book publishing terms you should know

    This serves as a light glossary of key book publishing terms for new authors unfamiliar with the phrases and abbreviations casually tossed around in the book-publishing world.

    1. “It’s all about the comps”

    When a literary agent or editor speaks about comps, they are not referring to computers, nor anything that may be complementary.

    In book publishing, comps generally stands for competitive or comparative titles/authors.

    A literary agent will often request two to three of these from an author to work into the literary agent’s pitch to publishers. None of this is ever to merely compare an author’s manuscript to similar works, but rather to hold an author’s manuscript in high esteem.

    A good comp is usually a similar book genre/age group, published within the last three to five years, that was an award-winner or bestseller. Best to compare to success.

    In the eyes of an editor, comps help to place the manuscript under consideration in its proper place on a publishing list and answers any questions for a publisher on where a book would fit in at a bookstore. This might also be a way of selling the book to readers.

    However, you write a fantasy, don’t go and compare yourself to classics and masters such as J.R.R. Tolkien—that just gets eye rolls from literary agents and editors.

    2. “This is a hurry-up-and-wait business”

    An impatient author may want to hear back on their submission quickly, but publishing is generally a slow-moving business, as it takes time to read.

    Three to four months is usually a reasonable amount of time to expect to hear from editors at publishing houses, once they’ve received a manuscript submission from a literary agent.

    Especially after that three- to four-month period, it’s more than reasonable to expect a literary agent to follow up with editors still considering a submission.

    Of course, just like writers, literary agents wish editors could read much faster. Apart from the submission process of book publishing, other functions can sometimes be slow as a result of this “mañana” attitude among some book publishers.

    3. “Book publishing is a backward business”

    One of the things that makes book publishing unique is people tend to stumble into book publishing as a profession, usually from a background in the humanities. (In recent years, this is changing with more undergraduate and graduate studies in book publishing being offered at colleges and universities).

    So rather than having a bunch of business majors running publishing as a business, often there are English majors trying to make sense of a business landscape in book publishing.  

    As you can imagine, that can make for some interesting results. Sometimes this type of precarious situation can unintentionally results in what might feel like an unprofessional business environment, and can be frustrating to a book publishing professional with more business savvy.

    4. MS and MSS

    No, I am not talking about that archaic notion of women in the 1950s attending colleges and universities to attain their “Mrs. Degrees.”

    MS stands for manuscript and MSS is the plural of manuscript.

    This abbreviation is widely used among publishers and literary agencies, often without even a second thought given to whether or not an author might know the term. It might be easy to miss MS as just two simple letters in an email, but whenever you see this, know that your manuscript is being referenced.

    5. P&L

    As far as book publishing terms go, you might be familiar with this term because many industries use profit and loss statements in calculating business decisions and expenditures.

    P&L stands for profit & loss statement.

    While you’d think book publishing was an exact science, it’s far more subjective. Publishers are sometimes surprised by books that become surprise mega-bestsellers. Or the opposite: books they thought would be mega-bestsellers that tragically underperformed.

    Before a book publisher commits to acquiring a book, and therefore paying a book advance, they dogmatically run that P&L anyway. This is usually a Microsoft Excel spreadsheet, containing formulas that calculate what the profits (royalties, special sales, additional advances from licensing, etc.) on the book might be, against the publisher’s losses (book advance, cost of production, shipping, warehousing, etc.).

    You might then wonder where the publisher comes up with potential profits. That brings us back to those comps. Book publishers look to the comp titles for potential success of the book. They evaluate sales of a given title on Nielsen Bookscan’s reporting (now Power BI).

    Now you can see why it’s all about the comps.

    6. D&A

    It’s ironic that this phonetically sounds like “DNA,” because this phase makes up much of the life structure of a book publishing deal and is one of the most commonly-used book publishing terms.

    D&A refers to when the manuscript is delivered & accepted.

    Usually a large portion of a book advance is placed on the delivery and acceptance of the manuscript to help incentivize the author and accounting easier for the publisher.

    By allocating different portions of the advance on a signing payment, D&A payment, and/or publication payment, rather than paying out all the money on signing, book publishers are able to spend their money more easily on other projects and book publishing functions that require financial resources.

    Most book publishers will not release the delivery and acceptance portion of a book advance until the manuscript is accepted and made press-ready for final copy editing and proofreading stage, before printing. This also helps to ensure the publisher finds the manuscript in a suitable shape before publication.

    7. Pub date

    No, your literary agent or editor is not asking you out for drinks…

    Pub date is short for “publication date” or the day that a book publishes.

    For any happy author, this is your book’s most important day, its birth date.

    Oddly enough, many book publishers choose to publish on Tuesdays to time their publications with certain bestseller lists and other publications entering the marketplace. The three-to-four months leading up to publication and the three-to-four months thereafter are crucial times for sales of a new book on the market.

    The fall/winter season is usually when the biggest books of the year are published, since it leads into the gift-giving season of the major holidays.

    This also makes for the most competitive time of year when a book can be published, so it’s usually advisable that an author trying to make their debut publish in a quieter season. Less competition might be found in the winter/spring season, when books are still bought in large numbers for gift-giving holidays like Easter, Father’s Day, etc.

    The quietest time of the year is usually in the spring/summer season. That’s when a book will experience little competition, but this is also a popular beach-reading season, as many readers have free time and school’s out for summer.

    A stock image of huge stacks of books piled from floor to ceiling and a person sitting in front of one pile, reading a book. This is to set the tone for the article called 7 Book Publishing Terms Writers Should Know: A Literary Agent’s Guide

    Getting started in book publishing means much more than knowing how to write a novel, how many words are in a novel, and how to write a book proposal. This list of key book publishing terms will hopefully help you navigate some of the tricky lingo of our quirky industry!

    This is an updated version of a story that was previously published. We update our posts as often as possible to ensure they’re useful for our readers.

  • Signing With a Literary Agent? Here’s What Should Be In Your Contract

    Signing With a Literary Agent? Here’s What Should Be In Your Contract

    You’ve spent hours drafting query letters. You have suffered through rejections.

    Finally, after almost giving up, a literary agent has expressed an interest in representing you and your book.

    She has sent you a contract, perhaps in the form of a letter. You read it over and notice a few things in it you don’t like, as well as some terms you don’t understand.

    Can you change the things that you don’t like?

    How can you get an explanation of what you don’t understand?

    Agency agreements: What you should know

    As an attorney who has helped writers work through contract issues, I’ve seen many agent agreements and I’ve developed a sense of how to guide writers through the process.

    Here’s what you need to know before signing a contract with an agent.

    1. Consider the terms carefully

    Proposed contracts with agents are just that — proposed. They are not set in stone. They can be changed; terms can be negotiated.

    When an agent sends you a contract, it is written to benefit the agent. Until it is signed, the agent is not looking out for your best interest. She’s looking out for her own best interest.

    Once the contract is signed, the agent will be working for you to obtain the most beneficial terms possible from the publisher. Until then, you must look out for yourself.

    You may hesitate to question the contract terms you are being offered when you’ve worked so hard just to get the offer. It’s understandable to worry about losing the representation offer entirely if you ask about or request changes to the agreement. All the same, your questions should be answered to your satisfaction before you sign the contract.

    By signing, you are beginning a relationship that could last a long time. In some cases, the relationship lasts for the life of the copyright of the work — and that can be up to 70 years after you have died.

    If the agent balks at answering your questions or fails to respond respectfully to your request for changes, she may not be the best person to work with you. (Note: I’m not saying the agent must agree to the changes you request, only that the contract negotiation process must be respectful.)

    2. Ask your potential agent these questions

    Make sure that this agent is the right one for you by asking questions, like these suggested by the Association of Authors’ Representatives, a membership organization for agents.

    Ask to speak with her other clients. Has she represented writers like you? (Debut, previously self-published, multi-genre, etc.) Why did the agent select you? What is it about your work that looks promising?

    Hopefully, you did your research before you sent out query letters and you know that this agent has experience in your genre.

    Do not assume the agent works in your genre. It may be that she is looking to broaden her book of business. If that’s the case, you need to decide whether you want to be her test case.

    On one hand, being represented by a new agent (or an agent new to a genre) may give you the benefit of her unbridled enthusiasm. On the other hand, she may not have the contacts needed to land a publishing deal.

    You need to understand the role the tagent will play in your career.

    • What help will she provide in developing your book?
    • How will the agent work with (monitor) the publisher?
    • Will she play a role in the editing of the book? What about cover design?
    • Will the agent be involved in the marketing your book after it is published?

    Once you understand what the agent is going to do for you, you can scrutinize the contract to see if the agent’s promises are in it.

    3. Understand these contract provisions

    Here are a few provisions you’re likely to see in your contract, plus what they mean for you.

    The “Work”

    The “Work” being represented is the first definition in the contract. Agents require that they be appointed as sole and exclusive representatives of the Work. If the contract is for representation of one book only, clarify that you are under no obligation to submit any further work to the agent and are free to use another agent or no agent for your next book.

    The definition of the Work clarifies the scope of the contract. The agency agreement should be clear on your freedom to create derivatives of the Work that are not subject to the agent’s representation. A derivative is a piece that is based on or derived from the Work that is the subject of the contract.

    This clarity is particularly important for a non-fiction writer. If your book is about your life’s passion or expertise, you do not want to be locked into a contract that requires you to pay the agent a percentage of everything you do, write or say about that passion from that point forward.

    Tip: If the definition of the Work is vague, ask to have it tightened up to reflect your understanding that your entire body of work that exists now and in the future is not part of the deal. If the relationship is a good one, the scope of the contract can be broadened later.

    “Subsidiary rights”

    The goal of having an agent is to secure a publishing contract to produce a printed volume in the English language. But there is a host of other rights encompassed in the representation agreement and ultimately in any publishing contract.

    Often the subsidiary rights, the right to produce the same material in different formats, are not defined. It is to the agent’s benefit to keep the term vague.

    Subsidiary rights can include foreign publication rights, first and second serial, motion picture, television, radio, audio, dramatic performance, abridgments and all other rights broken down by geographic territory. The key is to understand which rights you are giving to the agent for representation.

    Tip: List exactly which subsidiary rights are included in the representation agreement to eliminate any ambiguity in the contract.

    Remember that you have control over your own rights and you can divide them between different agents, especially if an agent specializes in a particular type of transaction and not others.

    Tip: Keep the subsidiary rights to the minimum generally required by a publishing contract: audio, foreign, first and second serial. Again, if things are going well or a publishing contract calls for it, you can always broaden the contract with the agent.

    “Best efforts”

    “Best efforts” means that the agent is going to work hard on your behalf to secure a publishing deal. But without detailing the specifics, the best efforts clause is toothless. The contract should outline what the agent is going to do:

    • Review the author’s work
    • Provide editorial guidance
    • Develop a strategy for publication
    • Be an advisor on the publishing industry
    • Market the work and the rights to appropriate publishers
    • Monitor the royalties

    Tip: Include an accountability clause in the contract. This requires the agent to report regularly and to document the efforts made on your behalf.

    The termination provision

    If the agency relationship is no longer working out, you will want to end it. Agent contracts can last from 30 days to the life of the work’s copyright.

    However, an agent needs to be given enough time to sell the book. The gears of publishing turn slowly, even in the digital age.

    An author must be able to terminate the agency agreement if the agent fails to use her best efforts, or if the agent secures a print publication deal and then chooses to “sit on” or not actively seek exploitation of the remaining rights in the contract.

    If an agent fails to use her best efforts to secure a deal or sell the subsidiary rights, you will have a difficult (if not impossible) time finding another agent to help you exploit those rights unless you can end the contract with the first agent.

    Tip: If you sign a long-term representation agreement, ask for a provision that allows termination if the work hasn’t sold after a certain period of time — a year, for example.

    4. Know the importance of the agent relationship

    Agents have relationships with publishers that you do not have. You are paying them a percentage of your sales because of who they know.

    You are also paying them to negotiate with the publisher on your behalf. Should a deal arise, there will be critical terms to work out between you and the publisher. Agents have knowledge and experience that you may lack.

    Knowing what to expect (and what not to expect) in the relationship between you and your agent and understanding the contract that defines that relationship will help ensure a successful business partnership.

    Are you looking for a literary agent? What questions do you have about what should be in your contract?

    While Kathryn is a lawyer, this post does not constitute legal advice. For specific advice, please see a legal professional.

    This is an updated version of a story that was previously published. We update our posts as often as possible to ensure they’re useful for our readers.

    Photo via Amnaj Khetsamtip/ Shutterstock 

  • Before You Pitch Literary Agents, Watch Out For This One Dangerous Trait

    Before You Pitch Literary Agents, Watch Out For This One Dangerous Trait

    As a young undergraduate in Dublin, I once eavesdropped on a barroom conversation among some off-duty prison officers.

    These uniformed men one-upped each other with war stories about the prisoners they were paid to guard or serve. I recall lots of beer-fueled guffaws and anecdotes that skirted or violated privacy laws. Clearly, these men no longer saw the incarcerated as individuals.

    Instead, around that bar stood a pack of male Marie Antoinettes who regarded the people in their care as the faceless peasantry begging to storm the castle gates.

    Recently, I encountered a small-press publisher whose online blog posts about submitting writers instantly reminded me of those tipsy, irritated prison officers.

    I’d love to be able to say that this publisher is an anomaly. But I fear that a “You dumb authors out there” posture is becoming a trend.

    Take for instance a Twitter pitch-a-thon that acted like a virtual open house, during which agents invited new authors to pitch their books. Sounds very gallant and democratic, right?

    Except for the one agent who tweeted his rejections, plus a set of sneering remarks about his submitting authors’ works. Now, in any other industry, using social media to publicly grouse about — or insult — that industry’s customers would instantly get him fired.

    Thinking the two examples I cite here are extreme and rogue? Please tell me this is the case.

    Why checking up on potential agents and editors matters

    In the rest of the world, in other businesses, success and reputation are driven by how we  conduct ourselves in public, online and behind the boardroom doors. Sadly, a handful of practitioners assume that the publishing world is exempt from otherwise standard business practices.

    In and beyond the writing and publishing industry, the way someone uses social media is often a window into that person’s work attitude and style, and a signpost as to how a potential working relationship will evolve.

    Trust me when I tell you that the “You dumb authors” stance is not one you will want to work with for short- or long-term projects.

    Do yourself a favor. As a writer querying your next agent or publisher, watch for those Marie Antoinettes who regard you as yet another dang and dumb author trying to storm the publishing gates.

    This attitude is not always detectable via a Publisher’s Marketplace search or any of the other ways in which we pre-check and vet a target editor or agent, but you can and should do your own due diligence.

    How to spot red flags before you query an agent or editor

    Here are four tips for avoiding unkind or cruel members of the publishing community.

    1. Evaluate public submission requirements

    Read through the list of submission or pitching requirements, to which you should of course strictly adhere. As you review, pay particular attention to the tone and tenor of how the outfit speaks of its authors.

    You’re a writer. Your specialties are tone and word choice. Use these skills to weed out the amateurs.

    2. Scope out social media accounts

    Check the editor or agent’s social media presence and postings, including blogs. Again, pay close attention to what gets said about prospective or rejected authors and how it’s being written.

    Take a pass on anyone who seems to get a thrill — like those prison officers — out of using recently considered authors as Exhibit A in how put-upon and barraged her editorial life is.

    3. Industry blog? Or personal diary?

    There’s nothing more civic and civil than someone who maintains an industry blog with information, statistics, tips and commentary on the industry as a whole. Alan Rinzler’s “The Book Deal” is one gold-standard example, but there are lots more.

    Then there are those that read like a teenage diary rant. These are not industry blogs.

    At best, they speak for one outfit and its editorial preferences. At worst, they’re just digital spew or someone’s after-work rant session.

    4. Listen to your gut

    Search for online interviews or writing conference videos that feature your target agent.

    Watch this person’s delivery and demeanor. Forget how desperate you are to be published. Forget the skewed power dynamic. Forget a so-called downsized publishing world.

    Apply the same standards you use when choosing any other business partner.

    The bottom line: Especially for book-length projects, the road from contract to editing to publication can be a long one — too long to walk with someone who will never treat you as an equal or worthy project partner.

    Have you ever discovered the hard way that a publisher or editor was a terrible fit? How did you react?