Pub Rants

Category: Publishing/Publishers

Former Egmont Authors: Check Your Royalty Statements

by Kristin Nelson

Publishing is a complex business with a lot of moving parts. Every contract is unique, and most errors we find on royalty statements are caused by data-entry mishaps that occur when contract terms are incorrectly keyed into publishers’ accounting systems.

In other words, human error is often the culprit.

So I’m going to give Lerner the benefit of the doubt and assume that such a scenario is currently at play here.

A recap of history for context: In January 2016, news hit the wires that Egmont USA children’s publisher was closing up shop due to its failure to find a buyer.

This created a lot of consternation, as more than 100 titles that were going to be published were now suddenly in limbo and contracts would most likely be canceled.

Good news was just around the corner, though, in the shape of Lerner, who bought out the titles and committed to honoring the contracts. Authors would live happily ever after!

Until their royalty statements arrived.

On the surface, everything looks normal. Royalty rates appear to be the same as they were under Egmont—except for one very crucial difference. Egmont contracts specified that author royalties would be calculated based on list price. But when the Lerner statements arrived, royalties are now being calculated based on net amounts received.

Not the same thing.

How do they differ? Let’s do some easy math: 10% of list price = approximately 20% of net amounts received. If this in play, the author will earn approximately the same amount of money, regardless of whether the calculation is done based on list price or based on net amounts received.

So not a big deal. The problem occurs if the number “10” stays the same, but how it was calculated changes.

Here’s why: 10% of net amounts receive is one-half (1/2) the royalty money earned in comparison to 10% of list price.

That’s a significant drop for the author.

It’s pretty easy to see how this might simply be a data-entry mistake. Either way, I feel compelled to alert writers might have been unagented when they signed contracts with Egmont and, thus, probably didn’t catch this accounting error—especially if they are unfamiliar with deciphering royalty statements.

It is also possible that a fair amount of literary agents have also missed it—especially if they haven’t yet audited the Lerner statements.

So former Egmont authors, check your contract, and then check your royalty statements. Make sure you’re getting paid everything you’re contractually owed!

Photo Credit: Ano Lobb

What Is Your Magic Number?

by Kristin Nelson

All aspiring writers want their magic number to be one.

The first novel a writer ever wrote is perfect from conception.

The first novel lands a literary agent.

The first novel is so awesome, it immediately sells at auction.

The first novel is published to great fanfare and much commercial success.

The dream-come-true of overnight success. Well, I’d like to tell you something about that. Overnight success is a fabrication created by media outlets because it makes for a good story.

Ninety-nine-percent of the time, overnight-success stories are fiction. Most of these stories don’t divulge that the author ghostwrote ten novels for other people, or wrote three of their own novels that are tucked away because the author was working on craft.

In real life, what is the magic number—the number of novels written before a writer gets picked up by an agent, sold, and published?

I’ll tell you right now, it’s not one. If you poll a large number of authors and ask them how many novels they wrote before their first one sold, and then if you average the numbers they give you, my sense is that you will land right around four.

One of the truths I highlight at writers conferences is that for more than half of my clients, I passed on the first project they sent me. It wasn’t until they sent me a later, more mature work that our agent-author love match bloomed.

Why do I tell you all this? If you’ve just completed your first novel, awesome. Celebrate this huge achievement. But it doesn’t mean much if it doesn’t sell, or if you independently publish it and it doesn’t get much traction.

Keep on writing. Your magic number might be two or six or ten. My guess is that if you are passionately writing with ten novels under your belt, success is just around the corner.

Photo Credit: Andy Maguire

Why It’s Dangerous To Think That “Diverse Books” is the Latest Hot Trend

by Kristin Nelson

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

Just recently, PW published an article in which agents shared their thoughts on children’s books and YA trends. Although I’m quite tickled that so many agents are seeing lots of submissions featuring diverse characters, it’s dangerous to consider diversity the latest YA trend.

I’m sure I’m not the only agent who can say they’ve been repping diverse authors/books since day one. It certainly didn’t take a trend for me to sign those books and authors (for example, Kelly Parra’s awesome MTV Book Graffiti Girl in 2007, Kim Reid’s memoir No Place Safe in 2007, and Simone Elkeles’s Perfect Chemistry in 2008). But I can say this: unequivocally, before #WeNeedDiverseBooks became a rallying cry in April 2014, selling in a diverse author/book was tons harder to do. I have my submission logs to prove it. It often took me about 12 to 16 months of grim determination to find a diverse book a home.

If diversity is now hot enough to make the selling-in part a lot of easier, trust me, I’m all for it. Yay! Finally! But I absolutely do not want diversity to be considered a trend in young-adult literature, and here is why: If something is a trend, then it can go out of fashion just as quickly as it came in. And quite frankly, that would be a travesty.

The blunt truth is that selling a diverse book is a perfectly normal thing to do in publishing. So my rallying cry? Agents, new and old, even when diverse books become harder to sell, as they inevitably will (in publishing, trends of every kind have always come and gone), keep on keeping on.

Diversity is not a trend. It’s simply here to stay. This is the new normal.

Photo Credit: Ahmed Alkaisi

Why I Can’t Tweet My Manuscript Wish List

by Kristin Nelson

If you’re a writer on Twitter, you probably know that #MSWL is a popular hashtag. It’s how lots of agents and editors broadcast their submission wish lists.

I love it! But I can say with complete certainty that I’ll never post a #MSWL list. Why? Simply because I honestly don’t know what I’m looking for until I start reading it.

Case in point: When I read Stacey Lee’s UNDER A PAINTED SKY in manuscript form, never in a million years would I have posted to #MSWL that I was looking for a young-adult novel set in the American West, with two female protagonists—one Chinese, one African American—on the run and cross-dressing as boys to disguise themselves.

Yeah. I don’t think that would have come up.

But the minute I started reading, I knew I had to have that book. And thank goodness Putnam Children’s agreed with me.

So here’s the plain, honest truth: I have no idea what I’m looking for until the voice of a story grabs hold of me and doesn’t let go.

Just recently, I sold two science-fiction novels—DARE MIGHTY THINGS and THE BLACK HOLE OF BROKEN THINGS. Both, oddly, feature a competition at the heart of the story.

Ha! If you’d asked me whether competition stories were on my wish list, I probably would have said no. Popularity of The Hunger Games and all.

But once Emmett got a hold of me in THE BLACK HOLE OF BROKEN THINGS, I was 100% in. And in DARE MIGHTY THINGS, once Cassie Dhatri convinced me that competing for the opportunity to be an astronaut was cooler than competing for a prince and a kingdom, my inner geek girl squealed with delight. I was in.

So keep that in mind when you ask an agent, “What are you looking for?” If they have a ready answer, take it with a grain of salt. Rarely do we find exactly what we are looking for.

As the Rolling Stones would say, “You can’t always get what you want, but if you try sometimes, you might find you get what you need.”

Photo Credit: Hey Paul Studios

Writer Conference Pitch Pro Tips

by Kristin Nelson

(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

Your Writing Should Not Be Your Main Source of Validation For Who You Are as a Person

by Kristin Nelson

I think this can be the most debilitating mistake an aspiring writer can make. There be dragons if you start down this mental path.

I recently gave a talk to Regis University’s MFA in Creative Writing students. In the fifteen-minute Q&A, one participant asked why it was so hard to get a literary agent to even look at her project. I could hear the frustration in her voice. I didn’t have a ready reply because the truth is that there is no good answer.

Writing is personal business. And any response and/or rejection can definitely feel like a commentary on your talent and who you are as a person.

But here is the reason you need to start thinking like an agent and less like a writer when it comes to submitting your material. If someone passes on your work, that rejection is not a commentary on your qualities as a human being. In a lot of instances, it’s not even a commentary on your ability or talent as a writer!

Let me repeat that: A rejection is often not a commentary on your writing talent.

I can cite a bundle of different reasons why an agent or publisher may pass on your work, reasons that have absolutely nothing to do with your writing ability. Don’t believe me? Here are a few (and in no particular order):

  • The agent/publisher has seen two-dozen concepts just like that one in the last four weeks.
  • That concept trend was hot, so now the Publisher has bought too many similar projects for their list and will not be acquiring any more.
  • The agent has an aversion to that type of story. I know a well-respected literary agent who personally cannot handle any story in which a child is in danger, and so will pass on any submission containing such scenes.
  • The editor could not get support in-house from the sales/marketing team to acquire the novel.
  • An agent read the story and thought the writer was talented, but for whatever reason, just didn’t connect with it enough to offer representation.
  • Bad timing. The agent was on vacation or at a conference, or just back to the office, and is simply swamped. It’s hard to be excited about taking on someone new if you are buried in work that can’t be accomplished in a 40-hour work week. And, LOL, no good agent works only 40 hours. It’s more like 60+ a week.
  • There’s talent on the page, but the editor or agent might think a significant revision is necessary, and taking the hour to write up an editorial letter isn’t going to happen.
  • The novel just has an element the agent is never enthusiastic about. For example, some agents are never going to take on a fairy-tale retelling or superhero story. It’s just not his or her thing.

I could go on. There are so many reasons that when I spoke at Regis, the best advice I could offer is this: Do not use writing as a means of validating who you are as a person.

No matter what an industry person’s response is to your written work, your writing is only one facet of who you are as a human being. Don’t make it everything, or you may lose your joy of writing and find the whole business very depressing indeed.

Photo Credit: BK

A Digital Love Story of Survivability

by Kristin Nelson

The following would have been impossible even seven years ago:

This week I sold the film/tv rights for a memoir that a major publisher took out-of-print in 2013. But because of the indie-publishing revolution, the author had made her memoir available in the digital realm. Because of that, it was discoverable by a major Oscar-winning director and producer who not only took an interest, but also optioned the rights for television.

Sounds like fiction, doesn’t it? Back in 2005, I met Kim Reid at the Pikes Peak Writers Conference in Colorado Springs. Kim had made a pitch appointment, but she pitched me a novel that didn’t sound right for my list. However, in the course of our conversation, I learned about her extraordinary childhood as the daughter of one of the lead detectives who helped solve the Atlanta child murders, committed by Wayne Williams in the seventies and eighties.

I immediately told her, “You need to write that. I could definitely sell it!” So she did, and I signed her as a client. It took sixteen months of dogged determination, and Kim surviving a slew of rejections, but I finally sold No Place Safe in June 2006.

Kensington Publishing did a lovely job with it. Good packaging. Wonderful editing. And then the book was published, and bookstores shelved it, oddly, in African American Studies rather than in biography, where it truly belonged. I can honestly say that the shelving diminished the book’s discoverability, as well as its ability to sell.

Heartbreaking. By 2013, the work was out-of-print, and the rights reverted to Kim.

Luckily, the digital revolution happened. So Kim, in partnership with NLA Digital LLC, indie published the memoir to give it a second chance at life. Director/producer John Ridley found it. Bought a copy. Read and loved it so much that he convinced ABC Studios to buy it for him.

Suddenly, a memoir that would have dropped completely from sight was saved by publishing’s digital transformation. This title now has a ton of exciting new possibilities unfolding.

This is why I love agenting in the digital age. Authors have so many more options available now. And this particular terrific story happened to a very worthy book!

Photo Credit: Alyssa L. Miller

Debut Authors Pass On the Inspiration

by Kristin Nelson

After listening to an amazing series of keynote presentations at the 2015 National conference of the Society of Children’s Book Writers and Illustrators (SCBWI), during which authors wear their hearts on their sleeves, I feel the need to pass on the inspiration!

From the Success Stories Panel:

  • Ten years from first conference to first book published. And when editing with a critique partner, editor, or agent, recognize and acknowledge the issue, and then find the fix that works for you, as it’s your story. —Anna Shinoda (author of Learning Not to Drown)
  • When you decide you want to be an author, you need to try for real. —Mike Curato (author of Little Elliot, Big City and Worm Loves Worm)
  • You have to show up every day, and a lot of what you create will stink. Don’t wait for perfection. —Lori Nichols (author of Maple and Maple & Willow Together)
  • Torment your character. Give him/her a goal and spend the next 70,000 words thwarting it. —Stacey Lee (author of Under a Painted Sky)
  • You don’t need to win an award to acknowledge your talent or become a published or successful author. —Martha Brockenbrough (author of The Game of Love and Death)

Writers, keep writing! Keep the faith, and as Kwame Alexander reminded us in his SCBWI 2015 closing keynote speech (“Six Basketball Rules of Publishing”), “You’ll miss 100-percent of the time if you never take the shot.”

Creative Commons Photo Credit: @wewon31 #365

Because Agents Are Human Too – Article 2

by Kristin Nelson

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

August’s topic might be the most controversial. At the very least, I imagine opinions will vary widely, and I welcome any conversation this might spark.

For an agent to be successful, she has to build trust with editors. Editors have very little free time, so they have to trust that what an agent submits to them will be worth reading. To that end, agents build relationships with editors to create that trust. Publishing, in this sense, isn’t the same as selling widgets. It’s rather an intimate industry.

And there is a narrow balance beam an agent has to walk between creating a good relationship with the editor and advocating for the author client.

With this in mind: Good Agents are friendly with editors but not friends with editors.

This is a very important distinction. It’s OK to be friendly in a professional relationship, but being friends poses a potential conflict of interest that might affect the agent’s ability to represent a client.

Quite simply it comes down to this. If an agent has to address a complicated or difficult issue with an editor (an issue that might lead to a split between the author and the publisher), whose side does the agent need to be on? The client’s of course.

But if an agent is good friends with an editor, the agent might not be willing to jeopardize that friendship to be the author’s champion.

At the very least, the agent might hesitate, and that is a real concern. If your agent has committed to representing you, he or she should never put personal priorities over yours.

Even though 95% of the time, it’s peaches and cream with the publisher and author, and a chummy editor relationship won’t be an issue, there will always be that other 5% where a big issue arises. It’s inevitable during a writer’s career.

As a lot of agents and editors are based in New York, where professional functions provide many opportunities for socializing, the line can blur more often than not. That’s something to keep in mind, and one reason being based outside the Big Apple can actually work in an agent’s favor—geographic distance helps create the “friendly with” versus “friends with” dynamic.

Even if an agent strongly believes she can wear two hats and be in agent mode rather than friend mode when the situation calls for it, keep in mind that agents are humans too and, therefore, fallible when it comes to managing the many types of relationships they maintain in their professional and personal lives.

The best agents, even those in New York, are mindful and respect the boundary between “friendly” and “friends.”

******

Summary of article series: Just as the title suggests, because agents are also human beings, they are going to embody both good and bad traits found in human nature. No one is perfect. And as some authors have discovered, some agents are more imperfect than others!

Your job as an author is to objectively recognize those human attributes or failings in your agent and decide whether they impact your career. Hopefully they don’t. To this end, Karen Dionne of Backspace and I have put together a whole list of topics to tackle for “Because Agents Are Human Too.”

Photo Credit: Tinou Bao

Authors, Do You Know Where Your Money Is?

by Angie Hodapp

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

Every six months, you get an envelope from your agent. You tear it open, take out the enclosed check and royalty statement, and glance at the numbers on both. You shrug and mutter, “Guess that looks about right.” Then you toss the statement on your to-be-filed pile at the back of your closet, endorse the check, and head to the bank.

Sound familiar?

I can’t even begin to tell you how many published authors I’ve talked to at conferences who don’t give their royalty statements much of a glance. Why? Because they don’t know what they’re looking at. “Dammit, Jim, I’m a writer, not an accountant,” they say (or something along those lines). “Besides, isn’t that what I pay my agent to manage for me?”

News flash! Like you, many agents consider themselves word people—not numbers people—and your royalty statements are just as baffling to them as they are to you.

This means that the buck, quite literally, stops with you. Have a conversation with your agent about the level of support he or she is providing when it comes to combing through your statements and making sure you’re getting paid everything you’re owed.

More importantly, educate yourself. Learn how to audit your own statements.

Every year, we at Nelson Literary Agency recover thousands—sometimes tens of thousands—of unpaid dollars on behalf of our clients, simply because we audit their royalty statements.

Does this mean that publishers are nefarious, knowingly cheating authors out of a few bucks here and there to improve their own bottom lines? In our experience, no. (In fact, not all errors we find are made in the publisher’s favor!) Every error we’ve called to a publisher’s attention has immediately resulted in the issuing of a corrected statement and, when called for, a check covering the difference.

Without naming names, here are some examples of errors we’ve recently found on our clients’ royalty statements:

1. Unpaid royalties of approximately $5,000 because the publisher had applied a $10,000 advance against the author’s earnings when the actual contracted and paid advance had been only $5,000. This means the author had actually earned out—though the statement said otherwise—and was now owed nearly $5,000 in earned royalties.

2. Unpaid royalties of approximately $4,200 because the publisher’s accounting department missed the fact the author’s contract contained a royalties escalator. What’s that? A royalties escalator increases the author’s royalty rate in steps, based on units sold. For instance, a contract might specify that the author will earn 10% for the first 5,000 copies sold, 12.5% for the next 5,000 copies sold, and 15% for all copies sold thereafter. In this case, the author had sold about 12,500 copies of a hardcover edition priced at $16.99, but she had earned only 10% for all of those copies. Not one, but two escalators had been missed.

3. Unpaid royalties of approximately $7,300 because the publisher sold nearly 6,500 copies of a $17.99 hardcover edition at “high discount,” even though Agent Kristin had ensured that the author’s contract limited the number of copies the publisher was allowed to sell at high discount. What does that mean? When publishers sell copies of your book at higher-than-usual discounts, it’s common that the author’s contract will specify that she will earn “one-half the prevailing royalty rate” on those copies. Because Agent Kristin had limited the publisher’s high-discount sales, this author should have earned 12.5% on those particular 6,500 copies, but she earned only 6.25%, and we were able to recover the difference. (By the way, does your agent understand this and negotiate your contract’s high-discount clause in your favor?)

Dear Authors, the only way to protect your assets is to do the math. Join me July 30, from 6:00 pm to 8:30 pm, for my Royalty Statements Auditing Workshop, a live webinar sponsored by Nelson Literary Agency. Hope to see you then!