Pub Rants

Category: Agents/Agenting

Why You Have Bankruptcy Clauses In Contracts

by Kristin Nelson

STATUS: TGIF! I really enjoy writing that every Friday. I finished one contract and got ready to dive into another but alas, too many interruptions. Will have to tackle on Monday.

What’s playing on the iPod right now? GAUCHO by Steely Dan

This week I read in Publishers Weekly that Sports Publishing, LLC has filed for Chapter 11 bankruptcy.

Well, lately, just about every day I read a tidbit in Media Bistro or Shelf Awareness about a newspaper, magazine, bookstore, or what have you calling it quits.

In fact, I received an email today from a wonderful editor at Rager Media (a small independent literary house out of Ohio). He was writing to tell me that they were closing the doors.

That’s very sad news as they were doing some powerful books over there.

But all this got me thinking about bankruptcy clauses. When I heard about Sports Publishing, I immediately got out the contract file for one of my early books—CHAIR SHOTS by Bobby Heenan and Steve Anderson. This was way back in the day when I was foolish enough to take on nonfiction projects before I realized that my expertise was much more focused on fiction and the occasional memoir.

There it was on page 6—a nice bankruptcy clause highlighting how rights will revert. Today I wrote a formal letter requesting the reversion and final accounting so I have it in writing. I’m glad it’s there in black and white on the contract page–which is why we have this clause in all our contracts.

But my contracts manager recently told me that she’s seeing some push-back from publishing houses wanting to eliminate the clause. (I’d have to dig a little to find out what the rationale is behind that.) Now I’m also not a corporate bankruptcy attorney so I really can’t detail the vagaries of how corporate bankruptcy unfolds. All I know is that I’d rather have the clause in that contract so rights revert—even if the courts don’t allow that to happen automatically. Good thing I have an intellectual property attorney and his firm on retainer. Looks like I’m about to learn how it works.

Responding to Full Manuscripts

by Kristin Nelson

STATUS: Just watched Casino Royale. Liked the movie. Definitely one of the more intelligent Bond films I’ve seen. Can’t say the blonde Bond does it for me but I’m all for the edginess of his character. Much more interesting and satisfying in the long run I’d say.

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

Since a lot of the blog readers can’t be reading all of my entries from the beginning of this blog, it’s good to highlight NLA policy every once in a while. Long time blog readers will know two things about our agency.

1. We never ask for an exclusive. This means that any writer who sends us a full manuscript is free to shop that manuscript to other agents. All we ever ask for is the courtesy of knowing if another agent has expressed interest and if the writer has signed elsewhere (so we don’t read a manuscript that is already off the table).

2. We always write a letter of explanation as to why we are passing when we request and read a full manuscript.

Now it’s not a detailed editorial letter or anything like that but we do explain (hopefully in some detail) why we are passing. Often times we even mention that we are open to seeing a revision.

So I always try and do my best to read within 2 months of a request (as stated on the website) but despite my best effort, it doesn’t always happen. The good news is that no writer is obligated to wait on me.

Which, sigh, is often the best that I can do.

With Regret

by Kristin Nelson

STATUS: Heading home to work on client editing actually. One of those long days. I have two contracts to tackle tomorrow…

What’s playing on the iPod right now? GROOVE IS IN THE HEART by Deee-lite

Ugh! Today I passed on a full manuscript that I’ve had since June. Now it didn’t take me five months to read it and figure out that I needed to say NO. I actually started reading it about 4 weeks after we received it. It took me five months to figure out if there was any way that I could say YES.

What do I mean? I mean that I literally couldn’t decide. I went back and forth and back and forth. My assistant Sara was fully behind the novel and really advocated for it.

What was I hung up on? Several things actually. I personally had a love/hate relationship with the writing. While I was reading, I often had moments where I thought the prose was brilliant and dang it all, manuscripts like this deserve to be in print.

Then I would read a chapter and think, “what the heck is going on here?” I’d have to reread, re-orient myself in the narrative, and then move forward. Trust me, I asked myself numerous times if an edit could fix this.

I think an edit could but it’s going to need to be an intense, in-depth edit. The key question is do I have the time to devote to what I think is a worthy manuscript? Well, I think I could have made the time but ultimately, I started thinking of my submission list and as I went down it, I could just hear the editor responses.

“I personally loved it but couldn’t get support in house.”

“This was inventive but I didn’t see readers feeling emotionally connected to the story (because it’s literary and not commercial fiction but sometimes there’s no arguing that…)

and

“I hated this.” (Let’s just say the novel had a very complicated narrator and a very complex narrative style and editors will either love it or hate it. There will be no in-between).

Ultimately, I don’t think I could sell it and it was with a lot of regret that I passed. I have a feeling this will be a manuscript that stays with me and that I’ll think about it. I hope another agent can see what I couldn’t.

Can A Manuscript Jump The Shark?

by Kristin Nelson

STATUS: One of my goals for this travel week was to get caught up on the fulls we have requested. The week is drawing to an end. I’d better hop to it!

What’s playing on the iPod right now? SOS by Rihanna

You know I almost never respond to questions in the comment section but one astute reader asked a question that really got me thinking. Have I ever asked for a full manuscript, started to fall in love, and then had the manuscript jump the shark halfway or three quarters of the way through the full?

The answer is yes. In fact, that should be in capital letters– YES. It doesn’t happen often but when it does, it can be a huge sad moment.

It’s one reason why agents always read until the end—even if they are sure they love the voice, the plot, and what have you. There really is such a thing as a manuscript suddenly taking a sharp left turn and leaving the agent stunned and confused.

What’s interesting though is this. I don’t keep a running track record but I do know of a few authors whose first projects I read, really liked, had this happened so I ultimately passed on that novel who then went on to get agented (and sold) with a later manuscript. Sometimes it’s just that last little kernel of knowledge that the author needed to learn about plotting before having it all click on a more mature manuscript.

In fact, one of the authors I have right now is a writer I passed on originally for her first manuscript (not exactly for this reason but for something close). I then took her on for her second novel and sold it at auction.

So when I see it, I always tell the writer that the manuscript diverged too suddenly for me (and why) but we see talent here and would be open to seeing future stuff.

Sometimes they take us up on it. Sometimes they end up represented by an agent friend (which is how I ended up knowing about it). Otherwise I’m pretty sure I wouldn’t remember as I don’t keep track.

What Agents Hate

by Kristin Nelson

STATUS: A quiet day because it’s Rosh Hashanah.

What’s playing on the iPod right now? LONG HOT SUMMER by Style Council

I had completely forgotten about this interview that I did for Writer’s Digest ages ago. Chuck Sambuchino had asked a bunch of agents about stuff we hated in queries and sample pages. I whipped something off in an email and sent it right out to him.

I hadn’t thought of it since until today. An agent friend, who thought my blurb was hilarious, quoted me back to myself. Now I’m laughing too because my quote is so true; I do hate this. And I had completely forgotten about it.

If you’re dying of curiosity by now, here it is from yours truly.

“In romance, I can’t stand this scenario: A woman is awakened to find a strange man in her bedroom—and then automatically finds him attractive. I’m sorry, but if I awoke to a strange man in my bedroom, I’d be reaching for a weapon—not admiring the view.”
—Kristin Nelson, Nelson Literary Agency

And here is the link back to the WD site on what other agents hate.

Still chuckling…

The Established Agent

by Kristin Nelson

STATUS: I had a relaxing weekend so I’m feeling ready to face the week.

What’s playing on the iPod right now? TAKE IT WITH ME by Tom Waits

Last week I was talking about stages in an agent’s career. I hit on the new agent and the building agent. I didn’t actually take the time to talk about established agents because I actually think there are many stages in this part of an agent’s career.

An established agent at year 6 or 7 isn’t in the same place as an established agent in year 20 or 25.

So building and established are not necessarily mutually exclusive.

What is interesting to me is that good agents don’t ever stop learning. Just look at the evolution in the last 10 years of digital technology and how that has impacted the publishing industry. That’s a clear case of many established agents having to learn on the job.

Even an agent who has been doing this job for 20+ years had to learn about eBooks and royalty structures that would be associated with it. This isn’t even something that existed when those agents first learned the biz.

So what makes an established agent? That’s a good question. To me it’s a fluid definition.

I’m solidly in year 5 of having my own agency. Am I established or am I still building? If I want to consider myself established, what is the criteria for that? An established reputation? X number of sales? X number of well-known clients? X number of years? Perhaps it would be a sales threshold reached?

I do know one thing. Being established, if you consider yourself there, doesn’t mean there aren’t new things to learn. The smart agents, regardless of where they are in their careers, know that.

Agent Stages

by Kristin Nelson

STATUS: Feeling pretty good about what I accomplished today.

What’s playing on the iPod right now? FEVER by Michael Bublé

I’m in a philosophical mood tonight. I’ve been thinking about agents and the different places we can be in our careers. I’ve been chatting with agent friends who are starting to build their lists. I’m chatting with agent friends who have been around for 25 years. I’ve been chatting with agent friends who are in what I would call mid-career—right around 10 to 15 years.

And what’s clear to me is that there are agent stages.

Stage 1: The new agent who is building his or her list. What’s most important to this person are these things: a) finding projects that will sell, b) establishing one’s taste, c) teaching editors that one’s opinion can be trusted.

There are a lot of lessons to be learned in this stage. After all, every agent I know has a story of an author they took on but probably shouldn’t have. We also have a story of the author we sold for little money and then the client exploded and did well.

Stage 2: The building agent. This is an agent with a few years under his or her belt. Some success. Is really building into a player. Now this to me is the most interesting stage to contemplate. Everything is crucial in this phase of the agent’s career.

And nothing strikes me as more crucial than an understanding of how many clients a given agent can take on and represent well. This number will obviously vary for different people and for different reasons.

For me, I’ve always been careful (and pretty picky) about what I’ve taken on but I can feel a shift happening. I have 30 clients currently. I’m not convinced that I’m “full” per se. There is always room for that project that just sweeps me off my feet and I’m really excited about. Or there’s room for a project in a field I’m looking to continue building my reputation in (such as SF&F which has been a slow build at my agency).

But there’s not room for just any project I know that will sell. It really has to blow me away to have me contemplate taking on a new writer because I know that the time I give to this new writer must balance with the time given to current clients.

So what’s interesting to me as of late is that I’m passing on a lot of projects that when I respond to the writer, I tell them I’m pretty sure this is going to sell but I’m not going to be the agent doing that sale. And a bit about why.

Is there a point to this entry? Not sure actually. The point might be that newer (and often times younger) agents have lists to build. Your odds of landing an agent as a debut author might be a little higher when an agent is hungry.

But let me tell you, even established agents, agents with “full” client lists love the day when they read a full manuscript they can’t live without. That feeling, that discovery desire, never goes away. There’s always room for that magic project—which is why writers shouldn’t give up on established agents either.

More about a couple of other stages tomorrow.

Art Of The Agent Search

by Kristin Nelson

STATUS: I’ve been so busy the last two days that honestly, I simply forgot to blog. Shocking I know. I woke up this morning and slapped my forehead.

What’s playing on the iPod right now? BIG SKY by Kate Bush

Galley Cat just recently posted a fun entry on the Easily Overlooked Art of Agent Research where author David Henry Sterry gives the scoop.

Hum… I’m not sure what to say about the stalking part. Grin. Now I do think writers should have more than 10 possible agents on their submission list but besides that…

Now that’s a good tip on how to target the right agent. Here a few tips on some things that will hinder your agent search. By the way, all of these have just happened in the last few weeks.

1. Telling an agent during your conference pitch session that the agent will be sorry that he or she didn’t allow this writer to pitch his idea for a novel. (Mind you—not a novel that this person has written but an IDEA for a novel).

2. Calling an agent during a busy busy work day and leaving 4 or 5 voicemail messages highlighting that you, the writer, are not computer savvy and since you have questions about submitting, will the agent please call the writer back.

3. A first-time writer asking an agent if he or she can send the half-written first draft of their debut novel. (Gee, what is the likelihood of that being his/her very best work?)

4. A writer sending a note with their submission saying that they thought they should just send along, not what the agent asked for, but chapters 8 and 9 because that’s where the story really picks up.

5. A writer highlighting that they met you, the agent, at a conference that you didn’t actually attend. (Oops.)

6. Writers stating in their queries that were recommended by one of the agent’s clients when they weren’t. (Folks, agents check this and most clients give a heads-up email when doing a referral).

7. Starting an email query with something like “Knowing your expertise with thrillers” and it’s not a genre the agent has represented or handled.

If You’ve Ever Wondered About “The Call”

by Kristin Nelson

STATUS: Manic Monday. I should be playing the Bangles.

What’s playing on the iPod right now? RESPECT by Aretha Franklin

Ever wondered about “the Call” or how it all works? My author Kristina Riggle shares the moment she heard her book was going to sell and she has given me permission to share the story.

I’d dreamed of The Call, as I suppose all aspiring writers do. I programmed into my mobile phone the office and cell phone numbers of my agent (the very talented Kristin Nelson), and gave those numbers their very own ringtone. I was sure that’s how the call would come. I’d be out and about somewhere, and I’d hear that special ring, and I’d know right then my dream had come true.

As with every step on my publishing path, reality had little to do with my fantasy. In this case, however, it was even better.

“The Call” turned out to be a series of calls and e-mails. First, there was the innocuous subject line in my e-mail from Kristin inquiring about my next project. No big deal, right? Then I opened the e-mail. She was asking so she could prepare for a potential two-book deal, because the book was already being passed around for “second reads” at one publishing house. This was six days after the book went on submission.

The next “Call” was Kristin telling me…

Have I got you hooked? Then click on the link for The Debutante Ball blog to hear the rest of the story.

Enjoy!

Do You Look At Rejections?

by Kristin Nelson

STATUS: Totally celebrating. Instead of 300, I only have 60 emails in my inbox. It’s the small things in life.

What’s playing on the iPod right now? ZOOT SUIT RIOT by Cherry Poppin’ Daddies

This month I’m putting several projects out on submission and I just read a discussion about this on the Backspace chat forum so it seemed like a good topic to bring up.

If you are an agented author with a project on submission, do you request to see your rejection letters?

At my agency, my clients don’t really have a choice (or at least I never really gave them one). When a rejection letter arrives, I immediately forward.

Why? Well, for several reasons.

I, in general, believe that an author has the right to see any communication regarding their project. It is, after all, their work.

Besides, if I don’t forward it right there in then, it’s unlikely I’m going to remember to send it later on. We do everything electronically here and yes, I do save the email letter in the client’s file but I almost never look at it again once a letter comes through. I know some agents wait until all the responses are in and then send them on but I think that would drive me crazy—like work hadn’t been completed or worse yet, I’d forget to send the letters at that point in time. Better to forward right away for my general peace of mind. Now I realize that it might not cause peace for the author so I always forward with commentary—either an encouraging note, or some inside insight to the editor and why he/she personally might have passed etc.

If editor feedback is helpful, I ask that the author to keep it in mind. If it’s not, I say just roll with it. Rejection is a part of the publishing game and I think in the long run, it’s in an author’s best interest to develop a thick skin. If the rejections in the submission stage bother you, just imagine how hard it will be to take a bad review?

Buck up and deal with it. It’s not personal (though it feels so). It’s simply a part of being a writer. Now of course, any client can call and bemoan the letter. I’m okay with that as that is a normal, human response. Or write a venting email to me about the editor’s lack of vision. That’s just fine too. If you can’t vent to your agent, who can you vent to?

Luckily, as of late, I’ve sold just about every project and for clients, rejections are so much easier to take when there is an offer already on the table. Funny how that works.

And if you are a writer who hasn’t reached the agent and the publisher submission stage and may still be looking for that elusive agent, then rejections just signal that you are in the game.

Considering that 90% of the population wants to write a novel but never have the guts to go for it, being in the game is a huge thing. Even though it sucks, rejections are a badge of honor. A rite of passage for when the publishing day finally arrives. Every published writer has a story of a rejection.

You can’t tell a good keynote speech without it!