Pub Rants

Category: Publishing/Publishers

What Editors Are Looking For

by Kristin Nelson

STATUS: It’s almost 8 pm and I haven’t left the office yet. That pretty much sums up the day.

What’s playing on the XM or iPod right now? EVERYBODY WANTS TO RULE THE WORLD by Tears For Fears

I have to say that all your comments on my last blog entry about the Best Query Ever made me laugh and laugh. Much needed when 160 emails in my inbox mysteriously disappeared during an email migration to the cloud.

Talk about cleaning up your TO DO list in one fell swoop. Luckily the emails were finally recovered. My tech person was much relieved too!

A children’s editor reconnected with me today. In her email, she outlined what she was dying to see. I LOVE when editors do that. Sometimes as agents, it’s easy to get tunnel vision just based on what we are seeing. So if you are an editor and you’re reading this, don’t hesitate to email me your current wish list. I love hearing from you and since I’ll be heading to NY for BEA and doing my monthly stay, now’s the time to ping me.

But back to what editors might want. From this email, it was nice to see that she was not looking for apocalyptic YA (she might be an exception there) but she’d love to see the following:

Southern-set novels

Novels with authentic characters that transform

Psychological thrillers

Mg horror (oh heck yes is what I say!)

SF (sweet!)

I have to say I’m on board with that. I’d be open to any and all of the above.

And as always, this editor would love a “stunningly-written book with a great hook.”

Rather goes without saying… *grin *

Winning The Publishing Lottery?

by Kristin Nelson

STATUS: The great thing about rainy days and Mondays is that you don’t mind working when that is the case!

What’s playing on the XM or iPod right now? TIME & TIDE by Basia

As you folks know, as an agent, I’ve pretty supportive of self-publishing. I’ve discussed JA Konrath and his efforts on my blog and provided links to his blog. I’ve taken on self-published authors–even way back in 2004 when it was not the “cool” thing to do. I’m not remotely threatened by the transformation that electronic books are creating in the publishing realm and the opportunities it creates for some debut authors who don’t go the traditional route.

In short, I’m fairly levelheaded and sanguine about this whole topic but I have noticed a rather worrisome trend as of late. There seems to be a rather skewed perspective that ANY author can make it rich, be successful, if they just eschew traditional publishing and forge ahead in the electronic world.

It’s as if these voices completely forget about the amount of marketing and promotion that successful self-publishing authors such as Konrath, Doctorow, McQuestion, and Hocking have done. It’s like they have the assumption that all these authors did was throw some manuscripts up on the web and the money just started rolling in. On top of that, there’s an attitude that these authors stuck it to the publishing man—a finger to the perceived “gatekeepers” of the industry.

I thought Amanda Hocking did a thoughtful post on this that is definitely worth reading.

And I just want to add one other thing. Regardless of whether an author self-publishes or pursues traditional publishing, some writers just win the publishing lottery and their books become major successes.

We honestly don’t know why that sometimes occurs; and even more telling, why it sometimes doesn’t occur—even for some really good books. It’s basically a mystery. (And of course I know every blog reader can point to one book they think is totally awful and was a big success. Truly a mystery!)

So yes, I totally believe that statistically, some authors will self-pub and become great successes with huge numbers. They have, in essence, been one of the lucky ones to win the publishing lottery.

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.

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Ebooks Gone Wild

by Kristin Nelson

STATUS: I don’t know what to do with myself! I’m literally caught up on all queries, all sample pages, and I’ve responded to every full we’ve requested. Maybe I should just revel in the moment….

What’s playing on the iPod right now? SEX ON FIRE by Kings Of Leon

We are getting our latest round of royalty statements. Our biggest months are Feb/Aug and April/Oct.

All I can say is whoa. Who turned on the ebook sales? In five years, I’ve never seen numbers like I’m seeing from the past 3 or 4 months. Ereaders were THE gift this holiday season is what I’m thinking. About 6 months ago I said the tipping point was near. I think it’s here.

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.

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.

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.

The Slow Build

by Kristin Nelson

Status: Winter finally decided to show up in Denver. Eight inches of snow and boy is it cold.


What’s Playing on the XM or iPod right now? 1983 by Neon Trees

One of the things I love the most about repping titles in the children’s world is the very different expectation children’s editors have for a debut author.

In the adult world, sometimes a new writer is treated via the spaghetti test. Let’s throw it out there and see if it sticks. If it doesn’t, time to move on.


In the Children’s realm especially for middle grade, there is an expectation that most successful mg titles will be through a slow build. With this in mind, the publisher expects to support the title for the long run. Now it’s not to say there aren’t successful titles straight out of the gate. There are and trust me, editors are excited and happy about that.

The difference is that they understand that an instant success is the exception to the rule rather than the norm. And this is what makes today’s news so cool.


A year and a half after initial publication, Janice Hardy’s first book in the Healing Wars series is now starting to get recognition.

Finally we can share some big news out of the UK. THE PAIN MERCHANTS (the US title is The Shifter) has been shortlisted for the 2011 Waterstone’s Children’s Book Prize. This is a big deal. We’ve known for 2 months but couldn’t say anything until today.
We also found out that in the U.S., THE SHIFTER is a nominee for the 2011-2012 Truman Readers Award for the state of Missouri.

The coveted state reading lists—landing on one is usually a sign that a title/series is starting to penetrate the reading market—especially for teachers and librarians.

So huge news—and coming quite a bit of time after initial publication. I’m thinking this spaghetti strand is definitely going to stick!

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