Pub Rants

Author Archive

Ah Hollywood

by Kristin Nelson

STATUS: Because it’s like zero degrees in Denver, we are listening to Escape to Margaritaville on XM radio. Does anyone have some sunscreen?

What’s playing on the XM or iPod right now: VOLCANO by Jimmy Buffett

I guess yesterday’s post rubbed some of the glittery shine off the idea of a big Hollywood film deal. The reality of how much of a share an author can expect is often a bit eye-opening. Sorry to be the one to deliver the bad news.

In order for a Studio to have the right to base a film on a book, they have to option the rights to the book. Sometimes these options can be good money—like high five figures or six figures. Most tend to be more modest though.

In fact, sometimes the best scenario is to have the producers or Studio continually renew the option but never produce the actual movie. It’s like free money every 18 months….

As I’ve never had stars in my eyes regarding Hollywood, I always advise authors to carefully consider whether they really want to sell the dramatic rights for their books.

1. Can they live with a bad script and/or a bad movie?
2. Do they understand that they may have very little say in the screenplay or the plot elements of the movie?
3. Do they understand that sometimes a movie made does not translate into a ton of book sales?
4. Do they realize that Hollywood can often be condescending to the authors whose books they’ve bought to translate to the screen?
5. Do they understand that the film co-agent could put together the absolutely best package of producer, screenwriter, studio, and acting talent and there is still the possibility that a bad movie will be made?

If an author is okay with all of the above, then we can shop the film rights. If not, better to wait until the author is in a more powerful position and has leverage to be able to dictate better terms.

And, I also tell them that a movie could be the best 2 hour commercial your books will have and that can translate into lots of book sales.

Which is also why I’m hyper vigilante about “publishing rights clauses” in any film contract and why I will have the author walk away from any contract that might encumber or infringe on their publication rights. In fact, I’ve threatened to walk away any number of times because Hollywood tried to grab some of those rights.

After all, publication is an author’s main venue for earning money. That must be protected at all costs.

Quick & Easy Answers

by Kristin Nelson

Status: Doing Client reading.

What’s Playing on the XM or iPod right now? IS THIS LOVE by Bob Marley

1) What happens if you can’t sell a book to a publisher?
If we have exhausted all possibilities, I’ll put aside and concentrate on the author’s next work. If the next sells, that always allows us to revisit the prior novel. Sometimes the decision is made to let the past be the past and simply move forward.

2) How do you know if a writer’s idea is a good one?
Not a clue really. All I know is what I like and what really resonates with me. I’ve had the good fortune of having what I like generally match up with what editors like and are willing to buy. Just like every other agent in the world, I’m not 100% right all the time. Sometimes I love a book and can’t sell it.

3) If Hollywood has bought the film rights, does the author get a share in the profit?
The sad news is that in general, the author does not get a share in the profit. Although all film deals will have the standard “5% of 100% of net,” most Hollywood films will never show a profit because of how studios manipulate the accounting. It’s worse than the mafia. So agents often build in a lot of ways for the author to make money on the film deal that aren’t tied to “profit” so loosely defined. The option price, the purchase price, bestseller bonuses, box office bonuses etc. These are payments that are not contingent on the film making money.

However, some authors do get a share in the profit. That is not a percentage based on net but a percentage based on a cashbreak point on gross.

A very different thing. Also, it is possible to put merchandizing in a separate pool with a separate percentage. Good money to potentially be made there as well.

4) Can you publish your book yourself or do you have to have a publisher?
Of course you can publish a book yourself! That’s not the right question though. Anyone can self publish; the question is distribution and how to get folks to read what you self publish.

5) How do you decide if the cover art is good?
I have to say that cover art is not my strength as an agent. I have no background in art and not much of a creative vision. However, I do know what I like and what I don’t like. If I don’t like it and neither does the author, I fight like crazy to get it changed.

6) Do publishers show animation for cover concepts?
No. But wouldn’t that be cool?

7) What happens if more than one publisher wants the book?
Then you have an auction my friend! As an author, it’s always the best place to be. However, I do think that writers have a misconception that all auctions equal big money. That is not necessarily true. You can have modest auctions that are in low five figures.

Out Of The Mouth Of Babes

by Kristin Nelson

STATUS: Supposed to snow tomorrow. I’ll make it in but I think it will be a lonely day for Chutney and I.

What’s playing on the XM or iPod right now? THE MAGNIFICENT SEVEN by Clash

Throughout any given year, I probably give at least 10 talks or workshops at writer’s conferences or other organizations. Plus, with my background in corporate training, I have to say that my public speaking skills are exceptional. And I certainly don’t feel any anxiety or nervous anticipation before any given talk.

That is, until this Saturday. I was tapped to do a talk for area 4th and 5th graders at the CCIRA Authors Festival. (Side note: CCIRA stands for Colorado Counsel International Reading Association.) That morning, I found myself kind of nervous. What an interesting new sensation. After all, with adults, you can fudge a talk; with kids, no way. If you’re boring, they’ll let you know. I also had never given a talk to people this young.

Much to my relief, the talk went great (phew!). Here’s a pic of the 90+ elementary schoolers in attendance (with a sprinkling of adults).

I actually confided that I was nervous and told them I was counting on their questions to carry me through so please don’t let me down. And I have to say, I was blown away by them. They asked the best questions I think I’ve ever received at a talk.

Here’s a sampling of what was asked:
1) What happens if you can’t sell a book to a publisher?
2) How do you know if a writer’s idea is a good one?
3) If Hollywood has bought the film rights, does the author get a share in the profit?
4) Can you publish your book yourself or do you have to have a publisher?
5) How do you decide if the cover art is good?
6) Do publishers show animation for cover concepts?
7) What happens if more than one publisher wants the book?

There were more but this is what I can remember. I’d do a talk for that age group again in a heartbeat.

January Happenings

by Kristin Nelson

STATUS: Okay, two days without sunshine is one day too many here in Colorado. *grin*

What’s playing on the XM or iPod right now? LET’S STAY TOGETHER by Nick Driver

I finally get to talk about the excitement unfolding here at NLA. What a way to kick off the year.

Huge Congrats, Marie, as the news hits Deadline Hollywood and Variety and of course, this blog! Since we don’t have cover art for the first book yet, you’ll just have to look at a picture of Marie Lu instead.

Notice the articles don’t mention the literary agent or film co-agent who actually brokered the deal. LOL. Hollywood. We are so unimportant.

By Far The Biggest Issue

by Kristin Nelson

STATUS: It gently snowed all day—which made Anita and I feel quite cozy here at the office.

What’s playing on the XM or iPod right now? BLUE SKIES by Tom Waits

In the new Macmillan contract is clause 6. (b) Copyright on Derivative Works. To state bluntly, this clause gives the Publisher the right to create “derivative works” based on the work they are buying from the author. And to add insult to injury, the publisher owns the copyright to any of these “new works.”

Eyebrow raise.

Yes, it is as bad as what you are thinking it means.

First, this is actually in direct contradiction to US copyright law and can’t be legally enforce but hey, what do I know.

Second, no way an author can sign a contract without amending or deleting this clause although I know some poor soul is going it alone and will end up doing just that.

For goodness sake, at the very least, get in touch with the Authors Guild before doing anything so detrimental to your intellectual property rights.

More Tom Waits music on iLike

Resist The Temptation

by Kristin Nelson

STATUS: Blessed quiet day. I only spent an hour on the phone.

What’s playing on the XM or iPod right now? BIGGEST PART OF ME by Ambrosia

It’s rare these days but some editors, especially those acquiring in genre fiction (such as SF&F or romance), will accept submissions directly from authors. When that happens, as a writer, know that you can only send the project to an imprint once.

Why might you ask?

For several reasons actually. First being that editors who take submissions directly log those submissions. So if one editor has passed, it will be on record so that pretty much nixes it for any other editor at that imprint.

But you also can’t resend for a more practical reason of how acquisitions occur at publishing houses. Let’s say a senior editor reads and passes on it. Then the writer sends to a new-ish editor at the same place (thinking they are more hungry to acquire).

Well, even if that newer editor loves it, she’s going to have to get second reads and support to take it to ed. Board. Well, if that senior editor nixed it and then it pops up again, well, it’s going to get shot down again. And on top of that, the newer editor is not going to have very warm feelings toward you for putting her in an awkward position.

So, resist the temptation and if you are submitting directly, make sure you pick the best editor first time around as you really only have the one shot. And of course, good luck.

-12 Degrees

by Kristin Nelson

STATUS: We’ve got the heat cranking. Poor Sara in the loft needs a fan!

What’s playing on the XM or iPod right now? TALKIN’ BOUT A REVOLUTION by Tracy Chapman

Quite frankly, I think this entry’s title sums up the day.

Here I am with Chutney about to brave the 15-minute walk to the office with a wind chill of -20.

Is that a Dog in your pocket or are you just happy to see me? *grin*

New York is going to get hit tomorrow so we are anticipating two nicely quiet days where the phone doesn’t ring. I’ve been averaging about 3 hours a day on the phone for the last week.

Plenty of time to tackle the Macmillan contract again. With luck, I’ll make it to page 20 this afternoon! The words “electronic media” are making me nervous.

A Contract Whine

by Kristin Nelson

Status: The high tomorrow is going to be 3 degrees. Oh Joy. And Chutney will still not thank me when I make her wear her fido fleece.

What’s Playing on the XM or iPod right now? HEROES by David Bowie

I think this is definitely more of a whine than a rant. I’m finally negotiating the new Macmillan boilerplate because just recently I sold a novel to that publishing house. And yes, I know that they implemented that new boilerplate many moons ago. Even though I reviewed it at that time (to see what I was in for) it’s not relevant until the first negotiation happens at that house. Although many of our boilerplate items were transferred into the new Macmillan contract, so much of the language has changed (or new clauses created), it might as well be brand new.

So to be generous, I reserved 4 hours to give it a solid read and to write up my requested changes letter. After 2.5 hours of diligent labor, I had only hit page 11 of the 28 page contract.

Oh, this is going to be fun one to negotiate.

More David Bowie music on iLike

Friday Funnies

by Kristin Nelson

STATUS: Even though it’s Friday, I’ll probably be a little late in getting out of here tonight.

What’s playing on the XM or iPod right now? THE GREEN ROOM by Wayne Gratz

Although this isn’t a “funny” per se, it’s more like a cool item. One of NLA’s Australian clients, Cheryl Hingley, had her novel LA CREOLE adapted into a musical.

Here are excerpts from the performance at the Comedy Theater, Melbourne, Australia.

We are also happy to report that Cheryl’s application for a grant from the New Musicals Australia was accepted. How cool is that? Now the musical will go through workshops and a 40-minute fully-funded performance in Sydney this March 2011.

If you live Down Under (and I know I have plenty of readers in that country), you might want to check it out.

The Great Contract Delay?

by Kristin Nelson

Status: Freakish. It’s going to be 60 degrees tomorrow in Denver. Uh, winter, what is that?

What’s Playing on the XM or iPod right now? ALWAYS ON MY MIND by Willie Nelson

In the last 6 months, there has been a radical shift in the amount of time it will take to complete a publishing contract. At first, I chalked it up to the new contract boilerplates publishing houses are feeling the need to implement. Any time an agent has to pretty much negotiate from scratch, it’s going to take a lot more time to establish a new agency boilerplate that is fair and reasonable for the author.

But that’s not always the case. For example, for one recent deal, it took (literally) three months to get the first draft of the contract—and the publisher had not changed the boilerplate. Having recently done 4 or 5 contracts with this house, I rather assumed this latest one was going to be a quick process. It took 6 months before the author signed the final contract.

And it’s not like I’m snoozing at my desk. This is after repeated calls, emails, follow up, and constant nagging on my part to prod the process along.

Agent job description: Nag.

Trust me, I didn’t know that was part of the job qualifications when I got into this biz.

For another contract from a publishing house that has always been very prompt in the past, I was stunned to have to wait 4 weeks between responses. (By the way, I responded within 3 days from any communication from the publisher; it was not languishing on my desk.)

It’s enough to make you wonder if it’s me! So I started bringing it up in conversations with other agents I chat with. Lo and behold, they had the same complaint!

So I don’t know what’s up. Are the contracts departments besieged? Understaffed? Combination of of things? Is this the great contract delay conspiracy? If you’ve recently sold a novel, get ready to hurry up and wait in order to sign on the dotted line.