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Agenting 101: Conclusion

by Kristin Nelson

STATUS: Had a great lunch with my author Jana DeLeon this afternoon. Her RUMBLE ON THE BAYOU is coming out this October. If you love Stephanie Bond type stuff—romantic comedy mystery, then bookmark Jana’s website since her book will be right up your alley.

I mean, look at this terrific cover?

What song is playing on the iPod right now? It’s a clock radio in the hotel room and I can’t quite bring myself to turn it on and look for a station.

Basically I want to finish up Agenting 101 before too much time elapses between entries. There are just a few more housekeeping details to share with you folks about negotiating a contract.

So here there are:

1. If an editor is asking for more than one book (so a two or three book offer), it’s really important to ask that that the books be accounted separately. We call that no joint accounting.

What’s the issue? Well, if they are jointly accounted, that means that you, as the author, would have to earn out the first book completely in order to see royalties for the second book and so on.

The monies are linked. What happens if the first book bombs, second one is stronger but the sales of the second book have to be accounted with the first until the first one earns out before the author sees any money for book 2.

See the issue? Books should be accounted separately and should stand or fall on their own merits. Let book 2 do the same.

The next two housekeeping issues aren’t really contract-related items (although one will have a tie-in to the contract) but should be questions you should ask before doing the contract negotiation.

Question 1 (to ask the offering editor): What editorial changes do you see as necessary?

And if you can get in writing, all the better. Simply, you want to make sure that the editor’s vision for the work matches with yours and you’d be amazed on how opinions can differ.

I just sold a book in the last couple of months and editor responses to this question really differed. We had a choice of editors so we made sure that the editor’s editorial comments wouldn’t suddenly make the novel leap off into a different direction.

Question 2: What is the potential pub date?

And the contract important factor is to make sure that the publisher must publish within 12, 18 (or worst case scenario) 24 months and if they don’t (barring force majeure—acts of God), they are in breach of contract and rights revert.

You don’t want your project hanging out in publishing limbo forever without some recourse if the publisher doesn’t get on the ball.

That’s it. Now you can negotiate like the pros.

No, I don’t really believe that but at least you will be less clueless if you decide to go it alone.

Good luck.

Thanks For The Rejection

by Kristin Nelson

STATUS: Greetings from Downtown Atlanta! Yes, I’m here for RWA (and for those of you who don’t know the acronym, it means Romance Writers of America). The national conference is this week.

What song is playing on the iPod right now? I promise to turn on the radio or something for this trip.

Today I had a great reminder of why I’m always polite in my query rejection letters—especially for partials.

I walked up to the airport taxi queue to grab a cab to my hotel (The Marriott Marquis) and I noticed four lovely ladies with large suitcases—a certain sign of arriving RWA members. I took a chance and introduced myself so as to share the cab and the fare. One lady enthusiastically shook my hand and mentioned that I had rejected her son’s partial just a month or so ago and she wanted to thank me.

Well, people don’t usually thank me for rejecting them so I was a little nervous at first.

She was completely sincere and even more fun? I remembered the partial because I had held on to it for several weeks and did two reads on it. Sharp writing but I felt that it leaned toward horror—and more so for what I do.

Ends up I actually mentioned that in the response letter I sent and consequently, her son had been targeting more horror agents and getting a positive response.

So even though I didn’t take on the project, I made a difference in a writer’s life and that made me feel kind of good.

And no, I won’t be providing comments on all partials received and read. That would be an overwhelming amount of work. Just the occasional partial that catches my eye but isn’t quite right for me.

Off to the fabulous 10th Anniversary party of The Knight Agency. Deidre is my best agent pal and I wanted to be here to support this wonderful occasion.

I can’t wait to celebrate my own—in 2012. Sheesh that sounds an eon away.

Queries That Sounds Like Past Lives

by Kristin Nelson

STATUS: One frantic day in the office before I leave for RWA in Atlanta tomorrow morning. Rather like sticking one finger in a hole in the dam as an attempt to keep it from breaking.

What song is playing on the iPod right now? TRUE FAITH by New Order

I got a huge kick out of reading several other blogs this weekend. POD Girl literally had me helpless with laughter on POD Books where she didn’t make it past the first line or paragraph. And Jason Pinter did some Agent/Editor speak translations that were incredibly hilarious too.

One of these days, I’m going to have to negotiate with him and we will barely be able to hold a conversation. We’ll have to email the deal points.

Today Sara was in the office screening queries. Suddenly, she gasps aloud and says, “you won’t believe this. Some guy just wrote us a query saying that he’s not really Joe Smith but a guy who lived 1,000 years ago and was name XYZ.”

She was genuinely startled and was ready to hit the REPLY button to zip that NO out into the cyber world.

“Wait,” I said. “Are you sure he’s not just writing to you as the character in his book? I don’t recommend this technique but I’ve seen it before.”

“Aha!” she said and decided to give it a longer read.

Needless to say, the query didn’t get any better (and she had to read a while to figure out that the “character” of the book was indeed “writing” the query), which rather defeated the query’s purpose.

You literally could be considered as a believer in reincarnation or even schizophrenic if there are too many voices going on in the letter. I remember a query that was the writer and the character in the book having a conversation about the query.

Strange and unique–and not in a good way.

What makes a query letter stand out and what makes it tip into the realm of the bizarre? Well, it’s a fine line so I caution you to be careful if you are employing what most agents would consider as a gimmicky approach.

We receive a lot of strange letters and some of them are literal—as in the writer who is writing it considers it to be true.

No joke. Not sure you want to be confused with that company.

If your character is writing the query letter, at least make that clear in the opening paragraph. And you know my advice, I’d avoid that altogether. A short and professional letter with a pitch paragraph blurb has won the day more times than I can count.

Pay it Forward

by Kristin Nelson

STATUS: It’s Friday night. 11 p.m. Eastern time. Is Kristin out partying in the fabulous NYC? No, she’s at her hotel room writing her blog…

What song is playing on the iPod right now? I’d really dig some music right now.

The biggest thrill I get is when people accuse me of being Miss Snark. Alas, I’m not nearly so witty and fun.

I just plod along with my little blog.

As I mentioned yesterday, I was at the Backspace Conference today (and I’ll be there tomorrow) but at the banquet dinner, J.A. Konrath won the Bob Kellogg Award (and for those of you who are none bksp members, Bob was an original member who was on the verge of publishing and really gave back to all the members before unexpectedly passing away—and hence an award in his memory). But Konrath won and often people will say something inane when accepting an award but he didn’t.

He said (and this is a loose paraphrase because I didn’t have a recording device or anything) that writers are not in competition for the elusive reader. If a reader is a fan of a certain type of book (in his case thrillers), they’ll pick up his book, a Barry Eisler book, and a Lee Child book (all folks who are in attendance at the conference) so there is no reason not to share information with other writers and there is no reason not to support each other. In fact, we should pay it forward to beginning writers if, as a writer, you’ve already found a measure of success.

Darn Straight I think. And they were words worth repeating so here they are.

Out.

Power Of The Blog

by Kristin Nelson

STATUS: Work week is semi-over. Backspace Conference starts tomorrow and although conferences are technically work, I always find them to be a lot of fun.

What song is playing on the iPod right now? I’m missing my iPod. You guys will just have to sing or hum quietly on your own.

I’ve got a great story to share.

My new author Sherry Thomas (whose lovely deal with Bantam for her debut historical romance was announced on deal lunch today) discovered me, my agency, and my blog because of reading Miss Snark.

Wow! That’s the power of the blog.

THANK YOU MISS SNARK.

May the gin forever flow and may Mr. Clooney be holding the bottomless gin pail.

Random Thoughts on What Editors Are Looking For

by Kristin Nelson

STATUS: Had a fabulous day because I accepted a pre-empt for a project that went out on submission last Monday. Watch deal lunch for an announcement.

What song is playing on the iPod right now? I’m too tired to think let alone listen to TV (or anything else for that matter). My head is longing for the pillow but alas, must blog.

Had lunch with Rose Hilliard from St. Martin’s yesterday. It was kind of fun to hear that editors are still open to chick lit—albeit for more mature topics and characters. Shopping and man or job searching ain’t going to cut it.

Not like that’s really a newsflash but it’s nice to know that if the voice is right and the story original enough, editors are open.

Also, what fun to hear a romance editor talking about wanting to see historical romance again. Let me tell you. It’s been a while since an editor has asked, “what do you have going on for historicals?”

Could it be a turning trend? Too soon to tell.

****

Chatted with the publisher of Dutton Children’s—Stephanie Lurie Owens—and I think we might have coined a new YA phrase for what Dutton is looking for:

The 80s John Cusack Syndrome

I just have to smile. You know how an 80s John Cusack film just has a certain heart-warming level of honesty, sentiment, and reality? There is such an emotional connectivity to his character despite foibles and mistakes. Well, that’s what they like for their list.

Gossip Girls—not for them. Too mean.

Not that edgy won’t work it just needs that certain level of compassion.

****
And I got a chance to meet a new editor (to me anyway). Lovely, lovely person by the name of Ali Bothwell Mancini at Viking/Plume.

Not that it’s any big surprise but historicals are hot and editors are actively looking for original voices—both for big women’s fiction historicals but also for what I call “straight” historicals (especially if they have some sort of intrigue or mystery bent).

Think a more commercial Umberto Eco.

Must sleep now….

Agenting 101: Part Eight: Option Clause

by Kristin Nelson

STATUS: Yep, another late night. And gosh darn it’s hot in New York City. I realize it’s hot everywhere right now but 100 degrees in NYC is not the same as 100 degrees in Denver—not by a long shot. I think the word “sweatball” comes to mind.

What song is playing on the iPod right now? Nada. Not even the telly is on at the moment

So, I promised to talk about option clauses. As I mentioned before, Publishers want the broadest language possible and agents want the narrowest language possible.

For example, Publishers will ask for “the option on the author’s next work” or some such similar language.

Well, duh, of course they do but that’s way too wide open. Next work could mean anything—from nonfiction to the next literary novel to the next romance or what have you. Any next work from the author.

Agents always limit the option to specifically what the author is writing and the more specific, the better.

For example, if the author writes historical romances, then you can limit it to that. Better, is to even designate what type of historical (ie. Next historical erotic romance, next historical paranormal romance, next regency-set historical romance).

Specifics is key.

In fantasy, you can have the option be “for the next fantasy work in this series.” Next epic fantasy. Next Urban fantasy, next dark horror fantasy.

Get creative.

For nonfiction, you can limit it to the next self-help nonfiction work appropriate for XYZ line.

Another good thing to remember is to put the word “adult” in front of certain unclear categories such as “adult chick lit.”

This is super important if you have an author that’s branching out into young adult, middle-grade, or children’s and as an agent, you need to manage both sides of the career.

You can also add “writing under the author’s own name” or “XYZ pseudonym.”

Limited option clauses are imperative for authors who want to write for several houses, in different genres, or for two different markets—like adult vs. children’s.

Another tricky clause to be on the look out for is the non-compete clause.

Publishing houses like to insert that little bad boy in there and often it will read something like this: “this work will be the next published work by the author and the author will not allow any other work to be published until six months after publication of the final book in this contract.”

And this is a loose paraphrase since I don’t have a contract in front of me.

Well, that can get darn complicated if the author is writing in various genres for various houses.

An important clause to really dig in and change.

Okay. My brain is done for the day.

New York State of Mind

by Kristin Nelson

STATUS: It’s really late here in New York and I have to say I’m a little tired so I’ll make this short.

What song is playing on the iPod right now? Poor little iPod is lonely in Denver

And yes, I’ll get back to Agenting 101—hopefully tomorrow—but right now my brain is too tired to concentrate on explaining option clauses.

I did, however, go to a lovely dinner with St. Martin’s editor Nichole Argyres at Ocean Grill on Columbus Ave. on the Upper West Side.

Of course we got to talking about women’s fiction (as we are wont to do).

Needless to say, we are both big Jodi Picoult lovers and if I could find a new writer that had the same level of mastery in terms of characters and emotional intensity, I would snatch that person up (as would Nichole if I sent her such a submission).

We both agreed that what we’d been seeing way too much of is this tired storyline: woman in her early 40s gets a divorce (and her husband invariably has found a younger woman—as if 43 is old or something) and then must discover who she really is. Usually two kids are involved.

I know this is an important event that women in their 40s often face but darn if I have trouble suppressing a yawn when I read queries for this plot scenario or even if I see sample pages.

Rarely is the material handled in a fresh or engaging way. The tone is usually serious and full of angst (and basically overly dramatic).

I want a women’s fiction novel that grabs a hold, forces me to keep reading, and won’t let go until I finish. It has that level of emotional realism and intensity. I feel that way about every Jodi Picoult book I’ve read.

When I find a debut from a new writer that does the same, I’d sign that person tomorrow.

Agenting 101: Bonus Clarification

by Kristin Nelson

STATUS: I have to say that the next two weeks are going to be silly hectic—with my trip to New York and then RWA in Atlanta back to back, blogging might be sporadic or really late at night.

What song is playing on the iPod right now? LEVON by Elton John

I just realized (after reading the comments section a couple posts back) that I actually never defined what a bonus was. I just listed the types that are common in publishing contracts and explained the two points of view about them.

Yep, a good example of knowing my topic so well that I’ve forgotten that others probably have no idea what I’m talking about.

And yes, sad but true, I was a college teacher back in the mid-90s and should know better.

My excuse is that I’ve been out of the classroom (except for the workshops I give at conferences etc.) for a good ten-plus years.

So let me define what a bonus clause is for an author.

A bonus is an outlined stipulation for the Publisher to pay the author an advance sum beyond the original advance negotiated when certain parameters have been triggered.

A general world example: you’ve heard of athletes getting a “signing bonus” when the contract is signed and if Colorado is like other states, the nursing shortage often means that nurses get a “signing bonus” when coming aboard. Also, athletes can get a “performance bonus” if they throw X number of touchdowns in a year or reach a certain RBI level (and folks, I have no clue what the bonuses are in the sports world so I’m just making this up but you get the picture).

Well, authors don’t really get a signing bonus but a performance bonus is definitely a similar idea.

An author might have a $15,000 advance for one book, original trade paperback. Then there can be a clause in the contract that if the work ships more than 25,000 copies in a 12-month period, the publisher will pay the author an extra advance of $5000.00 (or whatever).

This is 5k above and beyond the original 15k that was negotiated (and before the account has “earned out” in royalties the $15,000 that the publisher has already paid).

It’s an extra advance that the author will now earn out but is likely to because if the bonus clause was triggered, the book is doing well.

Clear?

Probably not but I’ll keep muddling along. Have a great weekend.

Agenting 101 (Hiatus)

by Kristin Nelson

STATUS: Crazy day. I sent out a project on Monday and got an offer today. Love that.

What song is playing on the iPod right now? VOLCANO by Jimmy Buffett

I’m really sorry. I literally have to be somewhere in 10 minutes and there’s not quite enough time to blog.

I know you are dying to hear about the option clause.

A little teaser.

The publisher wants the option clause to be as broad as possible.

An agent and author want the option clause to be as narrow as possible.

Of course!

Until tomorrow.