Pub Rants

Category: Pub Rants

The verdict is in. With headlines such as HarperCollins Sales Near $2 Billion and Publishing Sales Jumped 18.1% and First Half Profits Soared at Penguin Random House, it’s clear that at least in term of earnings, Covid is not having a negative impact on publishing. I should be thrilled. My industry is sound. This is good for authors. Time to celebrate. Right? Yet, I’m grumpy. Here’s why. 

I’m glad that the future picture of publishing is rosy. I just wish there was movement in the industry to share that financial rosy picture with the content creators who make it possible. The opposite is happening. Royalty share to authors has contracted in the last five to seven years. 

A few examples:

For YA and children’s deals, when I first started in this biz, it was common to negotiate royalties for a project starting at 8% with an escalation to 10%. Now that royalty structure has gone the way of the dinosaur. Publishers hold the line at 7.5% (excepting grandfathered-in authors with higher royalty structures). All this despite the children’s segment being a huge revenue-growth sector for publishing for the last decade. As publishers earned more, authors received a smaller piece of the earning pie with this reduction in royalty. 

In the mid-2000s, Random House used to pay an ebook royalty of 25% of retail price until advance earn-out, and then it switched it to 25% of net receipts (which roughly equals about 17% of retail price). And there were deals where publishers offered 30% or even 40%. That went the way of the dinosaur, too (except for the highest echelon of established authors). And to be clear, I’m talking about traditional publishing here. Plenty of smaller, indie, electronic-only houses probably still offer those kinds of rates. 

The death of the mass-market format. This used to be a whole other royalty revenue channel for the author. It’s mostly just gone now (and ebook sales do not make up the difference). Despite the trade-paperback format becoming king and increasing earnings for publishers, there is no movement from the 7.5% flat royalty rate in over two decades. Two decades. Probably longer. 

And then there is audio. Earnings from this format have skyrocketed in the last five years. Yet here we are at 25% of net receipts for digital download and publishers “insisting” they must control audio rights when agents used to partner with audio-only publishers and would still prefer that. 

So yep. I’m grumpy. 

To add insult to injury, lemon juice to the wound, or insert another catchy phrase here, agents often heard several variations of the following this past year:

  • Because of Covid, we have an abundance of caution and that is reflected in the advance we are offering.
  • Because of Covid, sadly we’ll not be able to pick up this author’s latest option material.
  • Because of Covid, we are not supporting (translation: spending any money on) in-person events.

The litany is that publishing profit margins are “slim,” costs of printing are higher now, etc., etc., etc. Yet these recent headlines paint a different picture. And although Publishers Marketplace recently reported that at long last, advance levels are on the rise for the last quarter of 2021, the advance is only one part of the publishing-earnings pie. A book doesn’t exist without the content creator. The author. I’d love to see a headline that proclaims a publisher is offering authors a bigger slice of that earnings pie. Now that would make me smile.

Photo by Cats Coming from Pexels

Lurking on Twitter, I stumbled on a thread of agents contemplating whether they should stay the course in this career. Some of the chatter echoed a conversation I had just weeks prior, where I said, “Agenting today is way harder than when I started agenting twenty years ago.” Just like that I sent out a request for input from agent peeps asking if they thought this was true. An earful hit my inbox. The consensus? Yes, agenting as a career is significantly harder than it was when we were baby agents. Here are fourteen reasons why.

Before I dive in, the requisite disclaimer: The information contained in this article is purely anecdotal and does not claim to represent an appropriate dataset for completeness, accuracy, usefulness, or even timeliness. I emailed a bunch of agents I knew, asked a question, and folks responded. That’s the level of “research” I did. This article is definitely not intended to be advice or a substitute for advice from, you know, a real expert or professional on the topic nor should any reader make a career decision or follow a particular career strategy based on content here. For further guidance, feel free to shake a Magic 8-Ball. 

More Agents Agenting

Although the Writers Market phone book was huge back in the day, the number of agents actively agenting and doing regular books deals is higher today—especially in children’s and young adult—than it was twenty years ago. I recall only about thirty of us repping in the field in the early 2000s. I don’t know the number today, but it’s probably 100 or more. Also, many editors have made the move to agenting in the last five years. With more agents in the field, more submissions are hitting editor inboxes. (Conversely, there are also more agents leaving the industry. Not a week goes by that I don’t receive a query that begins, “My agent has recently left the industry so I’m looking for new representation.”) Still, the bottom line is that more agents are agenting in 2021. 

Agents Acting More Like Editors

A project has to be close to perfect for a buy, so an agent today is doing far more editorial work pre-submission than back in the day. In the early 2000s, many an editor would take on a super promising manuscript and do the editorial work after acquisition. Today, it’s more common for an editor to request what is called a revise and re-submit—which places the onus back on the agent and author to gussy up the manuscript in hopes of an actual acquisition. 

This is a large time investment that may or may not result in a buy—and the subsequent earned commission, which is the only way an agent gets paid. 

Crowded Social Media Means Lower Agent Visibility

In 2006, I launched the blog Pub Rants. There were only two other literary agents blogging then. (Remember the amazing Miss Snark and her George Clooney crush? Such fond memories!) As one of the first agents to really spend hours educating aspiring writers and providing insider information for free on my blog, I was happy to see Pub Rants grow in popularity. At one point it was listed as the top 100 most influential blogs in the U.S. Glory days indeed. Blog Pub Rants = Visibility. These days, Facebook, Twitter, Instagram, and TikTok are crowded with social-media savvy agents and editors. That makes it much harder for agents to create visibility for their brands or stand out and land the hot projects.

The Marketing/Publicity Agent Hat

In today’s publishing landscape, agents have to do so much more marketing/publicity management to optimize client success. This limits the number of clients an agent can take on and work with successfully. Since agenting is commission-based, fewer clients means fewer sales, and that can impact an agent’s earning potential. 

The Taskmaster That Is Email

The sheer number of emails an agent fields in a day is impressive. For me, three hours minimum just reading, responding, handling everyday agenting tasks. Then I take a deep breath and dive into the actual to-do list. Three hundred emails is a light day. Dedicating so many hours to this necessary business task impacts how many hours are available for other aspects of agenting. When I started my career, email was certainly around, but it was used secondary to a phone call, and when it was used, editors would often email once a week with a summary round up. The pace of business is simply faster now with immediate responses often necessary. Not to mention editors of the current generation who are comfortable with the immediacy of email communication. There is no going backward, but email volume does make agenting harder in terms of a daily workload. 

Going Indie

Authors might start in the traditional publishing realm and then move indie—which eliminates a source of income for the agent. As most folks know, I’m hugely supportive of authors and indie publishing, but the loss of talent to the indie sphere does impact an agency’s bottom line and makes an agenting career more difficult to sustain. 

Publisher Payment Mandate

In the early 2000s, every contract I negotiated specified advance payments in halves: half on signing and half on delivery and acceptance of the manuscript. An agent earns the commission at the same time a client is paid. Publishers are now citing “corporate mandates” that payments must be structured in four or five installments—and some of those payments aren’t coming in until after publication…which makes it no longer an “advance,” but that’s a topic for another day. Not only does this structure impact an author’s financial well-being, it impacts an agent’s ability to earn a living. Imagine negotiating a contract today and knowing that a portion of your commission won’t be paid for two years. Yep. A get-rich-quick path agenting is not. 

The Great Contract Slow Down

Publishing houses need to double their contracts departments. Most of them have two or maybe three people total for the hundreds of contracts they do in a year. Back in the day, I’d wrap a contract in eight weeks tops. Today, if the first draft arrives within four months, it’s a win. And then the agent still needs to review and negotiate it, all before the author signs. Six months is the new norm to fully executed. So add that into the agent’s earning timeline along with payment structures in fourths and fifths. The real question is, just how is an agent earning a living?

The Great Publishing Contraction

Just this week, news hit that Hachette is buying Workman. Yet another independent publishing house bites the dust. Consolidation of pub houses = limited submission options. Limited submission options = titles less likely to be acquired. Titles less likely to be acquired = less revenue for the author and the agent. This alone makes agenting a harder career. 

The Great Submission Influx

Spend a little time on Twitter. Just a quick lurk will reveal that editors are drowning in the number of submissions they are receiving since more agents are submitting material. When I started agenting, I’d receive almost all editor responses within four weeks. Today, months is not unusual, and the number of no-editor-responses has risen significantly. Slow or no editor response = manuscript less likely to be acquired. Manuscript less likely to be acquired = reduced number of agent deals. Reduced number of agent deals = lower commission earning. Lower commission earning = harder to attain agent career success.

The Death of Editor Autonomy

Back in the day, individual editors had more autonomy to acquire a work/author. They connected with their boss, and that one person said yay or nay. In today’s world, a project submitted to a publishing house has to go to second reads, then editorial board, and then it has to run the gauntlet with sales and marketing for the final verdict. It actually feels like a little miracle any time a book sells. 

Blockbuster Mentality

In the early 2000s, it was understood that any newly launched author might need space and time to grow. Historically, authors weren’t expected to conjure bestsellers straight out of the gate, but to build their writing skills and audience over time as they developed their craft. Now, if a debut doesn’t do well, it is extremely hard to get the author a second chance. This is compounded ten-fold if the initial deal had a high advance. That means the agent must work extra hard to relaunch that client and will again face a low return on the hours they invest.

The Death of The Mass-Market Format

Back in the day, so many agents got their start representing authors in romance, mystery, and urban fantasy—all genres traditionally launched in the mass-market format. Fantastic glory days were when I would sell in a debut romance author for six figures. Today, with the death of the mass-market format, a whole swath of a viable market and its associated earnings disappeared for agents. The replacement ebook edition has not enjoyed the same robust earnings impact.

The Change That Hasn’t Happened

Publishers, despite emphasis on social change in the last couple of years, have not expanded their readership outreach or marketing to reflect the current cultural landscape. This continues to mean fewer opportunities for agents and authors of Color. This should be the one area where it’s better for the agents of today, and it’s not. 

So Magic 8-Ball, is agenting harder today than it was twenty years ago?

Answer: Without a doubt. 

Photo by Tara Winstead from Pexels

Whenever a new story breaks about an established literary agent behaving badly, I cringe. Although I’m not personally responsible, it’s another black-mark moment for this profession that I love. So what responsibility do agents have to protect writers, and what can writers new to the publishing world do to protect themselves?

The answer is surprisingly simple: be armed with knowledge. Agents with integrity should provide information in a public sphere whenever possible, and many do via Twitter, blogs, and newsletters. Writers should gather all they can but also know that things change. Be kind to yourself, as it might not be possible to have “known better” if an agent partnership does not go as planned. 

As an agent who has spent the last fifteen years putting information out there for writers (since I started Pub Rants in 2006), I hope to arm you with info about agent types you might want to avoid. By the way, I highly recommend that writers looking for an agent have a subscription to Publishers Marketplace, where you can do your research. A lot of heartache might be avoided with a little time spent there.

The Schmagent

This type of agent is easy to define. This scammer pretends to be an agent, charges fees for everything a normal agent just does as part of the job (i.e., reading fees, submission fees, marketing fees, etc.). The red-flag word here is “fees.” When writers spot that, it’s an instant tell that the agent isn’t legit.  In 2013, Victoria Strauss of Writer Beware and I were expert witnesses for a lawsuit to take down a scammer masquerading as a literary agent. This person fleeced unsuspecting writers out of hundreds of thousands of dollars. (It’s lucrative, which is why there are so many schmagents out there.) It’s a bit like whack-a-mole, but we put this one out of biz. By the way, Victoria is a tireless advocate for writers, and she doesn’t get enough props for everything she has done and is currently doing. Send her a note, or better yet, buy one of her books. It’s thankless, time-consuming work, and she is an amazing human being. In the internet age, this type of agent might be easy to spot, but scammers still snare unsuspecting writers all the time. If this describes your experience, don’t spend time berating yourself. Scammers are pros at what they do. 

The Hobbyist

This type of agent might mean well, but they pursue this profession for the “celebrity” of the job. This might not make them a bad agent per se, but it also means they probably aren’t a great agent either. How do you spot one? Well, this can be tough. The Hobbyist might have a great presence on social media, but if you dig in to the research (thank you, Pub Marketplace), the Hobbyist will not have a strong track record of sales or will only do deals with small presses or for digital rights only. And so I’m clear, there is absolutely nothing wrong with doing deals with small and digital publishers. I’ve done many in my career, but they should be balanced with regular/bigger deals to Big Five publishers and the well-established indie publishers. 

The Greenie

Some agents might have integrity but are simply too green (and don’t have access to mentorship) to be able to advocate for a client.

Back in 2008, there was an agent who racked up many six-figure deals under her own shingle. She came on the scene quickly, and after two years, exited quickly and without warning. She looked hot on paper with all those deals, but her clients were signing boilerplate publishing contracts with no negotiated changes. This agent had no prior experience at another agency, and it was a nightmare for those clients later in their careers. 

For the Greenie, the key is to look at the agency itself. How long has that agency been in business? What is the agency’s track record as a whole? This will help you determine whether this newer agent is in a place where they will receive guidance from a more seasoned agent. 

The Blindsider

This is the agent that all the research in the world can’t predict. This agent might have a terrific beginning to a career, and then that career publicly derails. You will never be able to spot this one coming. Writers, go into an agent partnership expecting the best. But if the worst happens, try and let go of any self-blame. You did the best you could with the information available when forming the partnership. 

Also keep in mind that some agents are acting with integrity but might simply be a bad fit for certain authors. Communication styles or personalities don’t mesh. My client Courtney Milan tackled this convo recently on Twitter, so give it a look in case you find it helpful. 

As an agent, I’ve put many an article out there trying to assist writers in arming themselves with knowledge. I did a whole series of articles on what makes a good agent well as an article on 5 Questions Authors Don’t Ask but Should when considering an offer of representation.

One final comment. As an agent, I wish for no more black marks on my beloved profession, but I’m also practical. Another news article will probably be just around the corner. 

Creative Commons Photo Credit: Nenad Stojkovic

(Just a note, this post is from our archives. Some references and links may be from past years.)

It’s springtime! That means the Writer Conference season is upon us. And you know what that means, pitch appoints with agents and editors.

I do think yoga breathing exercises are essential to do pre-pitch so you might want to brush up with some practice before you go.

And just in case you’d like a few more tips to help you through, I put together my quick and dirty list:

1. For a 10-minute pitch appointment, plan to spend about 2 minutes talking about your book and 8 minutes interacting with the agent.

2. Nail your pitch in two succinct sentences. Three at most. If you can’t do that, you’ll be in trouble during your pitch.

3. Include one thing about yourself that will make you memorable (but in a good way, LOL). Maybe you have an interesting job that plays a factor in what you write. A funny conference story that is safe to share. A hobby passion that is interesting.

4.. Be prepared to talk about what inspired you. What made you excited to write this book?

5. Come intending to pitch only one book. If, however, the agent asks what else you’ve written or what you’re working on, be prepared to answer that question.

6. Know that this pitch appointment is not a make or break it moment. Not for you as a writer, not for your career, and not for your book; it all comes down to the quality of your writing.

The pitch is simply one stepping stone to getting you read. And if it doesn’t go well, plenty of opportunities to simply query agents the old-fashion way through email. Plenty of authors landed their agent doing just that.

Last but not least, smile and breathe. Most agents and editors are lovely people and they want you to succeed in the pitch appointment.

Scout’s honor!

Pic Credit: Dan Govan

Well I’m happy to tell you! I’ve gathered all the pictures I posted on Twitter and FB and organized them in one handy post with all the locations specified.

Thank you for playing along!

Pic 1 – Agent Kristin is in Singapore!

Singapore Slyline

Pic 2 – Agent Kristin is on the island of Koh Samui in Thailand

Koh Samui, Thailand

Pic 3 – Agent Kristin is at the Wat Pho Temple in Bangkok, Thailand

Wat Pho Temple, Bangkok Thailand

Pics 4 & 5 – Agent Kristin is at the Grand Palace in Bangkok, Thailand

Grand Palace, Bangkok Thailand 2Grand Palace, Bangkok Thailand

Pic 6 – Agent Kristin is at Wat Prasrisunphet Temple in Ayutthaya, Thailand

Ayutthaya, Thailand

Pic 7 – Agent Kristin is at the World Heritage site Angkor Wat in Siem Reap, Cambodia

Angkor Wat, Siem Reap, Cambodia

Pic 8 – Agent Kristin is boating along Ha Long Bay in Vietnam

Ha Long Bay, Vietnam

In October, NLA implemented a new feature–a special News Alert eMail blast for subscribers of our newsletter. Today, a blast went out informing readers of how Harpercollins subscription service with Scribd will work and how authors will get paid.

Because my time is so limited these days (sadly!), regular or daily blog posts that alert readers about changes to publishing contracts and how that impacts authors just isn’t possible for me. But I am still doing great posts 2 or 3 times a months. Those columns can be found in NLA’s Monthly newsletter for our subscribers.

If you’ve been suffering from Pub Rants withdrawal, that would be the place to go to get your fix. Our eNewsletter is free. Just click on the Newsletter button at the bottom of our web page to sign up.

And for those of you who weren’t subscribers yet and missed that blast,  here’s the link to where you can see the news.

By the way, this is exactly the type of content I plan to tackle in tonight’s webinar:

Wednesday, November 13, 2013 at 6:00 p.m. Mountain Time.

THE NITTY GRITTY – HOW DIGITAL IS TRANSFORMING THE PUBLISHING LANDSCAPE.

There’s still time to register.