Pub Rants

Category: Publishing Deals & Contracts

Wait Until I Lose 20 Pounds

by Kristin Nelson

Note: Blogger was down last night so even though I had created this entry, I couldn’t post it. Sorry about that.

STATUS: Just finished working on a contract so I’m a little cross-eyed.

What’s playing on the iPod right now? PUT YOUR RECORDS ON by Corinne Bailey Rae

This contract took a bit of time because it was my first at this particular publisher and as an agent, I have to establish by kick-butt boilerplate.

I was struck by one of the clauses though. It read, “The Author will deliver to the Publisher on or before the Delivery Date for the book a selection of color photographs of the author cleared of all necessary permissions.” Now my authors have always provided an author photo with cleared permissions but it’s never been a contractual clause before so I was a little surprised to see it.

Now I’ve had more than one client delay the getting of the author photo because they wanted to lose a little weight. I understand the desire, believe me, but with these kinds of clauses popping into contracts, there can be no more procrastination (or there can be up until the book is d&a so I guess set a diet/exercise schedule if you’re adamant about the photo weight you want).

One client even begged me to give her six more months to get author shot ready and I had to ask, very kindly of course, what the likelihood of her achieving that goal in 6 months if she hadn’t done so before now. Well, she had to laugh at that.

And you know what, she did the author shot a week later and she looked terrific. Outright lovely.

So I realize that we are all a little self-critical when it comes to our own body images but I say, stuff that. You are who you are. Be proud of the way you look and no more procrastinating on your author shot.

Besides, your contract just might not let you.

Kristin’s Cheat Sheet

by Kristin Nelson

STATUS: I was a working machine today. I got a lot accomplished. Makes me wonder why I haven’t even made a dent in my To Do list for tomorrow.

What’s playing on the iPod right now? WHY CAN’T I BE YOU? By The Cure

Three days into the new year and it’s already clear that I’ll be negotiating some deals in the very near future. Now remember I did that whole Agenting 101 series starting back in late June 2006. So search the archives if you want to see the whole run-down on how to negotiate a deal.

Today I thought it might be fun to share my Deal Points check list. It’s my quick and dirty reminder of all the points that need to be discussed in the initial negotiation. All agents have one. It helps to keep an electronic paper record of all the points—especially if there is a lot of back and forth during the negotiation with points changing.

Once the deal concludes, I email the editor a copy of my deal points memo for written confirmation that our negotiations match.

I tell you. It’s saved me once or twice when an editor has left a house after contracting for a book but the contracts hadn’t been generated yet or were generated but something’s missing. In general, I just like being anal and detailed-oriented.

Ask what editorial changes will be needed.
Ask for potential pub date.

1. Rights Granted (If World involved, ask for confirm of splits, reversion in 18-24 months. If audio is involved, ask for a reversion in one year if publisher hasn’t sold it)

2. Advance
3. Payout
4. Royalty structure

5. Bonus clauses (I have a whole separate notes section for kinds of bonuses I want to ask for etc.)

6. option clause (Limit option clause to one name/pseudonym/next in series/or type of work)

7. No US-only Spanish language (however, if must give, ask for 1 year reversion clause, same royalty percentage, and for it to be excluded from the option)

9. Publication time frame (as in 12 months, 18, or 24)

10. No Joint Accounting if multi-book deal

11. Discuss non-compete clause/second option for smaller work (see publication house specific notes below) –These I’m not sharing because it would take too long to include.

12. Add reserved rights clause: “All rights not specifically granted hereunder are reserved by the Author, including, but not limited to US-Only Spanish Language, translation, motion picture, television, radio, calendar, commercial merchandising, audio, video, electronic, multimedia and/or interactive electronic rights.” (This sentence changes depending on rights granted.)

We Have A Contract Boilerplate?

by Kristin Nelson

STATUS: It was a good day—even though I didn’t quite get as much done as I had hoped. It’s always good when a deal for a new project closes. One contract negotiation is literally moving at the speed of snail.

What’s playing on the iPod right now? RUNNING ON EMPTY by Jackson Browne

I did a really great online chat last night for a group of already published authors. That’s always fun because published authors just have a whole different set of questions that they ask. But I also learned something last night. I learned that I often make assumptions about what authors already know about the business and that became apparent during our chat.

One published author was a little surprised that my agency has its own boilerplate contract with all the various publishing houses. She thought that only the “big” agencies had that benefit.

Shocked me silly. Of course the Nelson Literary Agency has its own agency-tailored boilerplate with hard won clauses fought for by my amazing contracts manager. All agencies have their own agency-specific boilerplates with the houses (and chances are they look pretty similar to each other but are still agency-specific).

Now here I might be making another assumption just by tossing around the word “boilerplate.”

What exactly does it mean? Well, when a new deal is done for the first time with let’s say Random House, RH sends out their standard boilerplate contract with all the clauses more or less in its favor. (And all houses do this by the way.) Then the agent negotiates the deal and fine tunes all those contract clauses to make it more in the author’s favor. Obviously to a point that’s acceptable to both parties so the deal can close. Now, when I make a new deal with RH, the contracts department doesn’t go back to scratch with the original Random House standard boilerplate. Instead, the already negotiated Nelson Agency RH contract boilerplate is used. That way there is no wasting time negotiating already agreed upon clauses and both parties can concentrate on deal-specific clauses for this new contract.

Does this make sense?

And it’s not just the big corporate agencies that have this set up—it’s all of us. Last night, this published author didn’t know that. Thank goodness I can clear up that misunderstanding otherwise that would certainly be a point against signing with an agent at a smaller agency.

And then there are author-specific boilerplates for the agency at the different houses. Do you think Nora Roberts has the same clauses in her contracts as a debut author with the same house—even if both authors are represented by the same agent/agency?

Of course not.

There are special “Nora” clauses (or special John Grisham clauses or insert special NYT best-selling author name here). The more clout you have as an author, the better the clauses your agent can incorporate into the contract—thus creating a special, author-specific boilerplate.

Plain and simple.