Pub Rants

Category: agents

Joe and Barry Talk Role of Agents

by Kristin Nelson

STATUS: I think my phone receiver might be permanently glued to my left ear. For the last two days, I’ve literally averaged about 6 hours on the phone.

What’s playing on the XM or iPod right now? ANTARCTICA ECHOS by Vangelis

If you haven’t read the conversation between Mr. Eisler and Mr. Konrath that might be posted everywhere by now, I highly recommend it. It’s long but it’s also a very interesting read regardless of your own personal sentiments on the subject of self-publishing and Eisler’s decision. There is also another interview up on The Daily Beast that sheds a bit more light on his decision.

As I know both Barry and Joe, they probably won’t mind my pulling out an excerpt from their conversation and resposting it here. This section touches on what they see as the potential evolving role of the literary agent:

Barry: To turn a manuscript into an actual book and get it into the hands of a reader, we still need an editor, line editor, copyeditor, proofreader, jacket copy writer, bio writer, cover art designer, and digital formatter. Plus there are various marketing and sales elements, too. You manage all these functions yourself, and this is one way in which I’d argue that you really are, if not exceptional, then at least unusual.


Joe: I wouldn’t disagree with that.


Barry: So as legacy publishing dies out, where will other writers turn to for assistance with the critical functions I mention above?


Joe: We’ve talked about this before.


Barry: I know. I was trying to prompt you in an unobtrusive way.


Joe: Right. Okay, unobtrusively, I think agencies will morph into what I call E-stributors.


Barry: I agree with the concept, even if I don’t like the nomenclature.


Joe: You don’t like “print,” either.


Barry: Not when you’re talking about paper. There’s paper print and digital print. I think the better distinction is between paper and digital.


Joe: I know, I know. Anyway, E-stributors will be a combination of publisher and manager, handling all the elements you mention above for authors who don’t want to manage those elements themselves. The ones that do it well will probably be able to make a good case for keeping their 15% cut.


Barry: As opposed to legacy publishers, which are keeping 52.5%.


Joe: Yes. Hard to see how legacy publishers will be able to compete with the digital model being adopted by agencies. They’d have to morph into E-stributors themselves, which would be a huge challenge given their attachment to a paper infrastructure. More likely, you’ll see the most entrepreneurial editors jumping ship and joining agencies.

Given my current job *grin *, I wanted to spotlight it and ask, what else do you think would make an agent worth their 15% in a model like this? I have a feeling I’m going to find the answers very fascinating.

And I’m Still Talking About Derivative Works

by Kristin Nelson

STATUS: My goal today is to work through ALL emails in my inbox. I probably have 8 hours of work ahead of me just on that. It’s very sad when I get a little behind on it.

What’s playing on the XM or iPod right now? WHO’S CRYING NOW by Randy Crawford

I do find it funny that when I talk about contracts, I get the fewest number of comments to the entry. Now I understand that folks may still be reading the blog entry even if they aren’t commenting but I do equate number of comments with general interest in the topic.

But I’ve got one more entry on derivative works before I lay this topic to rest (for a little while anyway). And that’s to talk about fiction. For me, I rarely do nonfiction so I wasn’t as worried about the ramifications of this clause in regards to that. It’s also more conceivable to figure what could be considered a derivative work in the NF realm.

I do fiction. So I’m particularly interested in what might be considered a derivative work in this realm. I had a sneaky suspicion that I already knew.

And I was right.

For fiction, it could be conceivably argued that a comic book or graphic novel is a derivative work based off of the original novel.

Not that I agree even remotely. But it could be argued and that’s exactly what I did not want to hear.

Because to make it clear whether it would or would not be considered a derivative work, my guess is that would have to be challenged and determined in a court of law.

Once again, let me add my disclaimer that I’m not a copyright attorney, and I’m not dispensing legal advice or legal opinions here. These are simply my musings on how this clause could be interpreted.

Let’s Continue Talking About Derivative Works

by Kristin Nelson

STATUS: Two years and two months after initial publication, HOTEL ON THE CORNER OF BITTER AND SWEET cracks the top 10 again on the NYT list. Time to celebrate.

What’s playing on the XM or iPod right now? YOU NEEDED ME by Anne Murray

I can tell by the overwhelming number of comments on my last post that discussing copyright is definitely whipping my blog readers into a verbal frenzy.

How many of you used the copyright act as a sleep aid on Monday?

But I do think it’s worth continuing the discussion. As I mentioned Monday, I could see how derivative works could be created for nonfiction work.

For example, and this is just off the top of my head and probably not the best example out there but I think it will give you a sense, is to think of a nonfiction work on decorating for the holidays. In this work, let’s say there is one chapter on table place settings. The publisher than decides to take one aspect of holiday place settings from this chapter and create a whole new gift book on holiday place settings.

That would be a derivative work, created by the publisher and they would own the copyright (at least according to this clause 6.b. in the Macmillan contract.)

In talking to my lawyer, we discussed at length how a derivative work could be a book trailer. Definition of derivative work is based on one or more pre-existing works, such as translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgement, condensation, or any other form in which a work may be recast, transformed, or adapted.

In talking with Macmillan, this is an example they gave as something they could create that would be covered under this clause 6.b.

More on fiction tomorrow. Hopefully I won’t run out of time.

So Let’s Talk Derivative Works

by Kristin Nelson

Status: These dang computers. I want to bang my head on my desk.

What’s Playing on the XM or iPod right now? MARRY ME by Train

About two weeks ago I mentioned that the most problematic issue in the new Macmillan boilerplate was the new clause 6. b. that granted the publisher the right to the copyright in any derivative work created by the publisher.

Just for the record, I’m not a copyright attorney and I don’t pretend to be one on TV or if I stay at a Holiday Inn Express. In other words, I’m not dispensing legal advice here; I’m simply sharing with you my general musings regarding the clause.

Since I don’t have the expertise, I sent it to my IP attorney. Now he’s not a copyright attorney either but his law firm certainly has an expert in-house so we looped him on the conversation as well.

A virtual copyright party at NLA!

His biggest concern was the broadness of the clause and how derivative works is not clearly defined. If you’d like some light reading before you go to bed tonight, feel free to click here. This will link you to the copyright act in all its glory. You’ll want to click on Chapter 1 and peruse sections 102 and 103 that particularly discuss derivative works.

He also let me know that there are currently lawsuits in process that examine the scope of derivative works and what can or can’t be defined as such. Fun.

So two thoughts:
1. It’s obviously better to remove the clause and any reference to derivative works from the contract. And, if you have leverage, it can be done. But if you don’t…

2. How best to restrict this clause in such a way to make pursuit of derivative works impossible without expressed approval of the author?

Now we’re talking. My lawyer gave me some good insights and if you want to pay my lawyer fees, then I could share them on the blog. *grin*

This is why you have agents by the way.

My other big question was this: I get how a derivative work could be done fairly easily with a nonfiction project, but I wasn’t certain how it would apply to fiction. Now I am.

More on that tomorrow. Stay tuned.

More Train music on iLike

The Usual Suspects

by Kristin Nelson

STATUS: I’m having weather shock. It snowed lightly this morning in Denver. Such fond memories of the beach…

What’s playing on the XM or iPod right now? LEAVING LAS VEGAS by Sheryl Crow

On Friday, I was reading through the daily emails from Deal Lunch to see what sold this past week. And sure enough, I saw the deal for a YA project that I just loved, offered rep, but the author went with another agent. Project went at auction too! I could have called that. *grin*

Obviously with the posting of the deal, I got to find out who the author had chosen. And drat if it wasn’t a usual suspect. There are certain names that just keep reoccurring if the author doesn’t choose me. If I love a project and offer rep, I can almost always name the other 6 possible YA agents I’m probably up against. We just have the same tastes. And they are all great agents so talk about stiff competition. But since they are all so terrific, I don’t lose sleep over it. If you are going to lose out, lose out to the best. At least I saw the project.

I bet this happens to editors too. They don’t win an auction and they find out who else participated and I bet they run into the same reoccurring names all the time as well.

But darn those usual suspects…

Friday Funnies

by Kristin Nelson

STATUS: Sun popped out. Yay. I was worried it was going to rain.

What’s playing on the iPod right now? QUANDO, QUANDO, QUANDO by Michael Buble

This article totally cracked me up. Stop the New York Times Presses. Huge news flash.

New York City agent moves from Manhattan to….

Brooklyn..

And can still do his job as a literary agent!

I’m still chortling.

Live From New York City

by Kristin Nelson

STATUS: Actually, I’m feeling half dead after almost a full week of all-day meetings from 8 in the morning to sometimes 11 o’clock at night.

What’s playing on the iPod right now? SUFFRAGETTE CITY by David Bowie

I’m back at the hotel early enough to blog. Every other night I’ve returned so late, I didn’t have the energy to fire up the old netbook and sneak in an entry. I do have LOTS to blog about so get ready for NYC recap next week when I’m back in the office.

Tomorrow I’m at Random House all morning and then I head to the Javits center for New York Comic con all afternoon. Orbit has galvanized the steampunk contingent here in the city (and I can’t believe I just wrote a sentence that has “steampunk contingent” in it…) to attend the con dressed up in their steampunk finery. They’ll be giving away Parasol Protectorate buttons and any fan that is dressed up and wearing the button will have their pic taken by Orbit to use in the Soulless cover art collage with the fan’s pic included.

Now that’s pretty cool.

The Orbit party was held at The Cellar Bar at the Bryant Hotel on 40th street across from the park. I don’t know every attendee but there were a smattering of agents and editors clinking glasses.

I ran into my old buddy and agent extraordinaire—Janet Reid (Fineprint). She was there with the amazing Jeff Somers. Got to reconnect with a young but totally up and coming agent Suzy Townsend (also of Fineprint and hadn’t seen her since St. Louis!) Eddie Schneider (JABberwocky) was there as was Cameron McClure (Donald Maass Agency) (who I tried to talk into saying something really profound for my blog but alas, we were profoundless… I’m thinking the wine floweth. Saw Matt Bialer briefly (Sanford J. Greenberger)

My fab Orbit editor, Devi Pillai, was there looking totally wonderful in a sleek black dress. Tim Holman, so British, always startles me slightly with the European double cheek kiss greeting but by end of evening we were all into the swing of things. I did refrain from saying “Darling” at odd moments and felt rather proud of that.

Sharing in the fun were Anne Sowards from Ace and Liz Gorinsky from TOR. Bumped into Ron Hogan (formerly of Galley Cat and Houghton Mifflin).

The Orbit Anniversary party was like a mini reunion.

I have to say that earlier in the week on Monday, Tim, Devi, and I got together down at Pravda in Soho for a drink and I was really pleased to hear that they are actually quite open to adult science fiction right now. There wasn’t even a hint of pessimism to that statement. Considering I had just submitted an SF there, I was pleased. Other editors I talked to in adult publishing really only highlighted military SF or alternate history SF as what was working them. It was so nice to hear some optimism!

Webinar Debrief

by Kristin Nelson

STATUS: Even though it’s Friday, I’ll be working late. I’m headed to New York on Sunday. Heads up that blogging might be spotty.

What’s playing on the XM or iPod right now? STUTTER by Maroon 5

As you blog readers know, I did my very first webinar on Wednesday for Writers Digest. I thought it might be interesting to debrief it. If you participated in the seminar, I would love feedback so feel free to leave some in the comments section (and also feel free to leave the comments anonymously).

So here’s my debrief of it:

Thumbs up:
1. It’s a great way to reach a variety of writers without having to travel (and vice versa for them).

2. It was fun. I thought the webinar format was professional. There was a tech person to help me for the entire 90 minutes and even before the session began. We even did a trial run on the Tuesday before to make sure I understood how the control panel worked and how to do the Powerpoint presentation so attendees could see it.

3. From having given this seminar live, I had a good idea of what questions get asked and when so I tried to interject them during the presentation so Qs were answered as I went.

4. The question chat box was very cool. I left about 20 minutes at the end of the session to start going through them and answering them. Any I didn’t get to were given to me after the fact. I’ll answer, shoot back to the webinar tech person and she’ll distribute them out to the asking party. Very professionally done.

Thumbs neutral:
1. Nothing compares to audience interaction and there wasn’t really a good way to allow that. Usually I can gauge if the audience is “with me” for what I’m trying to explain but there is no clear way to do that in the webinar.

2. Since we were working on the pitch paragraphs for SF&F novels, it would have been fun to get one or two volunteers to submit their revised pitch so I could talk about them right then and there. If I do something like this again, I think I’ll ask how we might be able to do that.

3. And I can’t believe I’m saying this but 90 minutes felt too short. I wish I had given myself more time to answer questions. But there was a lot of info to cram into 1 hour.

Thumbs down:
I’m not sure I have any but maybe some of the attendees do. If so, feel free to share.

For my part, I do want to ask this question. This is the first time I’ve given a workshop where participants paid to attend. Now of course I’ve given workshops at conferences where attendees paid to attend the conference but they didn’t pay a separate amount to attend my particular workshop.

What do you folks think about that? Should agents give workshops like that?

TGIF!

More Maroon 5 music on iLike

A Moment of Silence

by Kristin Nelson

STATUS: It’s noon so I don’t have one yet.

What’s playing on the XM or iPod right now? Nothing at the moment

In honor of literary agent Ralph Vicinanza.

I did not know Ralph personally but he’s been a force in SF&F for so long, I just wanted to take a moment to recognize that. I was very sorry to hear the news that he passed away over the weekend.

There aren’t a lot of agents doing SF&F, and this is a big loss for the genre.

When It’s Not Hot, Passion Can Carry It

by Kristin Nelson

STATUS: Why does the phone ring only after I’ve stepped out of the office?

What’s playing on the XM or iPod right now? YOU SANG TO ME by Marc Anthony

Clarification: Adult SF is currently not hot. YA SF is doing just fine. Sorry about the confusion!

This week I went on submission with an adult SF novel. Ask any editor and they will tell you, adult SF is not hot. Fantasy is hot—particularly urban fantasy. I’m sure this comes as no surprise to blog readers if you track PW or NYT bestseller lists.

It’s not like I’m revealing some deep and hidden secret here.

And here’s where my passion for the project means everything. If I were smart, I wouldn’t take on an SF novel from a debut writer. Even if I do sell it, the money I’ll earn from it will barely pay the agency’s electric bill for three months.

Plain and simple. That’s the reality.

But I love SF. Grew up reading it. In my mind, some of the most important novels published in the last 20 years have been in this field so I did it anyway. Because I felt a passion for the story that I didn’t feel for the YA project I decided to pass on earlier this week (and will probably sell for more money than this SF novel will).

That’s the only way I can be in the game. I know writers hate hearing that agents or editors need to feel “the love” but folks, selling novels is not an easy biz. (Which, by the way, is why most agents don’t specialize in fiction but instead focus on nonfiction to build lucrative client lists).

We also want to take on authors for their whole careers. If we agents can connect with their writing at the passionate, visceral level, then chances are good we are a good fit for future work to come.

Last year I took on a YA author for a historical novel that I could not sell (and I still think editors were crazy not to buy it). But the writing… I still can read that unsold novel and fall in love with the author’s talent all over again. So we pushed on and got going on the next work. And it was that next project that sold. At auction.

Passion was the key—for me and for that author. And if I can’t sell this SF debut, then I already believe in the next work.