Pub Rants

Author Archive

Pesky Warranty Clause

by Kristin Nelson

STATUS: Warm snuggly because Chutney is sitting on my lap. I’m blogging from home tonight.

What’s playing on the iPod right now? AIN’T THAT A KICK IN THE HEAD? by Dean Martin

Nothing gets my blood boiling faster then when publishers embed a no-compete type clause in the warranty section of the contract. This is actually becoming standard as of late.

It’s usually one sentence that’s easy to miss unless you’re reading carefully. Especially if you just finished reading and dealing with the no-compete clause in the paragraph before the warranty section.

The sneaky line will read something like this, “”that the book will be the author’s next book length work (whether under the author’s own name or otherwise)…”

First off, I believe it’s none of the publisher’s business whether the soon-to-be contracted work is the author’s next published work or not. Authors should be able to write and publish as many books as their ability and careers can sustain.

Now publishers will argue that they are making an investment in this writer and that they are simply trying to protect that investment, blah, blah, blah, blah. Fine. That’s what the no-compete clause is for and that’s why we, as agents and editors, like to argue the terms of that clause. This is such an important issue that it’s usually brought up when negotiating the deal points so both parties are clear as to what the author is willing to commit to or not.

So, then you think it’s finished and boom, you hit the warranty clause and there’s another pesky little reference to what is really a no-compete issue.

And as an agent, you have to start the battle all over again with limiting it, massaging the phrasing, making sure it doesn’t interfere with the author’s ability to expand his or her career, etc.

But what really annoys me is that this line really has nothing to do with an author’s warranty otherwise outlined in the rest of the paragraph. So why is it there? Good question.

Too Many Agents!

by Kristin Nelson

STATUS: Office move. Chaos. Sneezing from way too much dust. Slightly crabby.

What’s playing on the iPod right now? Well, I found my iPod stereo but didn’t have my iPod with me. Knocks hand against forehead.

Last week I did an email interview for Finn Harvor’s blog Conversations in the Book Trade (I don’t think it has posted yet). He asked me an interesting question. He wanted to know if I thought there were too many literary agents working currently in the field.

Jokingly I replied that when I’m vying against several other agents for the same client, then yes, I’d have to say there are way too many agents.

Guess what happens today? I read a fab project that I must have. I have a great conversation with the author. And yep, you know it. Five other agents also want to sign her.

Five good agents. Five agents that are tough competition (I grumble to myself). I’m happy to be one of the five but lol, too many agents!

But if you’re reading (and you know who you are), pick me. Hehe

(hey, do you think this blog gives me an edge on the competition?)

No Agent Answers Hotline

by Kristin Nelson

STATUS: Everything is in chaos because my agency is moving to larger office space starting this weekend. I’m carefully marking boxes that have the “must open immediately” important stuff like my contracts that are currently in process. Now half the boxes have the urgent pink label on it. Hum…

What’s playing on the iPod right now? WHITE FLAG by Dido

Just recently I’ve been receiving a rash of phone calls from writers who are calling because they want free advice about their publishing career. I don’t know why but this always surprises me. Do they think I’m going to actually return these calls? I’m nice but…

Now I realize that by writing my blog, I’m putting myself out there and that writers will often feel like they “know” me but I want to gently remind all readers that I’m not a personal consultant that a writer can just ring up and get a question answered. This isn’t the agent answers hotline (but heck, that’s a brilliant concept for an enterprising individual!).

I’m certainly committed to helping writers. Just know that the extent of my free advice is what I give via my blog and my eNewsletter.

Samurai Agent!

by Kristin Nelson

STATUS: Just chuckling. Smart Bitches asks if AN ACCIDENTAL GODDESS cover can be saved. Answer is NO but the general consensus is that the story inside is totally worth braving the ABBA dancing queen cover. If you read my blog regularly, y’all already know how Linnea and I feel about that cover.

But thank goodness Bantam came to their senses. Check out this treat (and nary a spandex covered Barbie doll proportioned chest in sight). GAMES OF COMMAND is releasing in one month, so put it on your wish list.

What’s playing on the iPod right now? A LITTLE LESS CONVERSATION by Elvis Presley

An agent friend of mind sent the link for the last-samurai-agent my way today and I just had to laugh.

I think I might try out this technique next time I’m in New York. Not.

But I feel like a slacker. I just knew I wasn’t going that extra distance to get those increases in advances for my authors.

Photoshop That Baby?

by Kristin Nelson

STATUS: Just got the new Korean copies for ENCHANTED, INC. Man, I’m just so tickled because I think the cover is darling.

Random House JoongAng/Korea

What’s playing on the iPod right now? WALKING IN MEMPHIS by Mark Cohn

I want to say first off that I can completely sympathize with authors concerning the trauma involved in having a headshot taken.

My current picture on my website (see it here) was taken during the Denver Magazine 5280 photo shoot for the profile they did on me. Great photographer. Good lighting. But I’m telling you, that young lad took over 200 pictures of me and when it was time to select a photo for the magazine spread, there were only two shots I remotely liked. I’m not that photogenic super close up.

So I feel your pain. Get out the photoshop, baby!

But I want to caution authors to resist that particular temptation. Why? Because I think you should look like your author shot. There is nothing more startling than meeting an author in person and he or she looks nothing like the photo and if the photo is better than the in-person moment, well, it’s downright awkward. I’m as politically correct as the next person but it sometimes hard to hide the shock.

And that’s certainly not the response you want your fans to have when meeting you.

Now I do think you should like your author shot and redo it until you get it right (however you define that.) You have to live with it after all.

If you detest the whole author photo thing, than you can get creative. I think it’s Kim Harrison whose author photo consists of a long shot of her from behind walking down a wooded road. I love that shot. Very dramatic and mood setting which kind of fits the books she writes.

No contract ever stipulates that it has to be a headshot of the author (at least none that I’ve seen.) I’ve also seen great author shots where the writer is anonymous because they are wearing a hat dipped low or something similar.

Photoshop is not the only option.

Wait Until I Lose 20 Pounds

by Kristin Nelson

Note: Blogger was down last night so even though I had created this entry, I couldn’t post it. Sorry about that.

STATUS: Just finished working on a contract so I’m a little cross-eyed.

What’s playing on the iPod right now? PUT YOUR RECORDS ON by Corinne Bailey Rae

This contract took a bit of time because it was my first at this particular publisher and as an agent, I have to establish by kick-butt boilerplate.

I was struck by one of the clauses though. It read, “The Author will deliver to the Publisher on or before the Delivery Date for the book a selection of color photographs of the author cleared of all necessary permissions.” Now my authors have always provided an author photo with cleared permissions but it’s never been a contractual clause before so I was a little surprised to see it.

Now I’ve had more than one client delay the getting of the author photo because they wanted to lose a little weight. I understand the desire, believe me, but with these kinds of clauses popping into contracts, there can be no more procrastination (or there can be up until the book is d&a so I guess set a diet/exercise schedule if you’re adamant about the photo weight you want).

One client even begged me to give her six more months to get author shot ready and I had to ask, very kindly of course, what the likelihood of her achieving that goal in 6 months if she hadn’t done so before now. Well, she had to laugh at that.

And you know what, she did the author shot a week later and she looked terrific. Outright lovely.

So I realize that we are all a little self-critical when it comes to our own body images but I say, stuff that. You are who you are. Be proud of the way you look and no more procrastinating on your author shot.

Besides, your contract just might not let you.

Got Conflict?

by Kristin Nelson

STATUS: Wow it’s late but I’m finally getting around to writing this entry from home. Long day.

What’s playing on the iPod right now? DOWNTOWN TRAIN by Tom Waits

Over the weekend, I read about 100 queries (and in case people take notes on this sort of thing, we requested sample pages for 36 out of those 100 queries). That’s actually rather high (so great job on those queries folks). The number is usually around 15 or 20.

But as I was reading all these queries, something became pretty crystal clear to me. I would finish reading the letter and then ask myself, but what is the story?

If I had to ask that question, it was a NO.

So let me expand on what seemed to be the issue. Since I can’t really talk about any one query specifically, all I can point to is general elements.

Most of the queries end up following this structure:

Paragraph 1 describes the setting.
Paragraph 2 highlights the character traits of the main protagonist and who he or she interacts with, and maybe a little bit of his or her back story.
Paragraph 3 details the villain, the love interest, a second protagonist, who they interact with and some back story.

Then there might be some reference to them tackling a conspiracy, an issue, a mystery, or a need to reach a destination (etc.) together.

Now all of the above are great things to have in a query (make no mistake) but ultimately, these details are all set up and don’t answer the question, “but what is the story actually about?”

What is the main conflict that will make this story about these characters worth reading? Be sure that your query letter answers that question. As a reader, we need to know what is at stake. Without it, it’s a lot of frosting but no cake. Now I love frosting as much as the next person but it’s the cake that gives a query substance and is often the deciding factor between a YES or a NO.

So, got conflict?

It Takes A Freakin’ Village To Buy A Book

by Kristin Nelson

STATUS: TGIF! I’m feeling decent. Did I finish everything on my list for today? No but I came close and that’s always amazing since I usually have 10 things that have to be done and only one actually gets accomplished. I have two outstanding things that I’ll finish up (probably tomorrow) and email off to my clients. What’s that adage about all work and no play?

What’s playing on the iPod right now? TUB THUMPING by Chumbawamba

When I stop to actually think about it, I’m generally amazed that any book gets bought at all. Why? Because think about the levels of difficulty involved in the process. Sometimes it’s hard enough to find that one editor who loves it and will champion it through the process but since books are bought by committee, it’s darn near a miracle when an editor gets the second reads and the editorial director in love with it as well (not to mention the marketing director and sometimes the publisher). In reality, it takes a village (of at least 5 or 6 publishing people) to buy a book.

So imagine how heartening it is to find not just one editor who loves a work on submission but three and then imagine how heartbreaking it is to have those editors go for second reads, get full support from those reads to take it to ed. Board, get folks excited there, but ultimately the offer gets squelched from a higher up like the editorial director or the publisher and boom, the project gets no offer.

Rejection is always painful but nothing compares to that. To know your book might not be bought solely because of market conditions and not because of lack of talent or because no editors felt the love.

Squashed by the bottom line.

In general, that tends to tick me off as an agent but as I’ve said before and will probably say again. Publishing is a business. P&L statements are the ultimate decision-makers.

End of story.

Perseverance Pays Off

by Kristin Nelson

STATUS: Triumph. Maybe. With technology I’m always a little skeptical but supposedly we have fixed all the errors with the e-Newsletter subscribe process. So, subscribe away.

And here’s another hint about our electronic submission database that we’ve recently discovered. Don’t try and upload your sample pages from your workplace (besides, wink, aren’t you suppose to be working?). Several writers have knocked their heads against the company’s stringent firewall that won’t allow uploads. Even if you’re on your coffee break, you should wait until you get home.

What’s playing on the iPod right now? DON’T WORRY, BE HAPPY by Bobby McFerrin

It’s no secret that many authors lament the stingy promotional budget/plan they receive from their publishers—if they even receive one at all.

But here’s a nice encouraging story. I have an author who sells well but certainly would be considered mid-list. For the last two years, she has plugged away mightily on her own promotional campaign—always keeping her editor in the loop. And her publisher has certainly done some terrific publicity stuff in conjunction with her efforts but nothing higher end.

But personal perseverance is finally paying off. Her publisher plans to cough up some dough for her next book release.

So even though you may feel like your wallowing all by your lonesome in the promotional dark, your unstinting and determined efforts can eventually translate into publisher dollars. Publishers like to see that can-do attitude and will often reward authors who soldiered on by themselves to start with.

Just a thought to keep in mind when embracing that daunting task called self-promotion.

The Phone Is Your Friend

by Kristin Nelson

STATUS: My shoulder blades hurt from trying to handle all the tech problems on top of all the client work I need to review. I plan to finish up a lot of stuff tomorrow which excites me. Newsletter subscribe/opt-in is still an issue but I think we have finally nailed down the problem.

What’s playing on the iPod right now? HARDER TO BREATH by Maroon 5

Agents must be snowed under in January or doing “housekeeping” without informing some of their clients because I’ve been seeing some posts on the writer sites I visit where the writer is lamenting about their incommunicado agent.

I realize that a lot of authors don’t have a close, communicative relationship with their agents, so it feels like “bothering them” when they have questions, need to know the status of a submission, or generally want to career strategize. But remember, they work for you.

If you are sending emails with no response for weeks on end, you need to know that the telephone is your friend. Pick it up and call.

At the very least you can confirm that there is no problem with your ISP or with your emails getting spam blocked if you leave a voicemail message.

Your agent may take several days to get back to you (he or she could be out of town, out sick whatever), but if weeks go by without a return call, then some of your questions are starting to be answered. You haven’t been demanding; has this agent lost that loving feeling?

Personally I think it’s an awful way for an agent to dissolve a relationship but I’ve heard of it happening that way often enough. You need confirmation so you can begin to move on and find that agent who will embrace you and your work and you can’t do that if you are stuck in limbo.

Get courageous. Pick up the phone.