Should I send them the manuscript?

April 13, 2008 9:08 AM

An agent is interested in my book but says that they only have an "optional" contract- authors can sign it or not, given their preference. Should I give them my book?

Last fall I sold a piece to one of NPR's national programs and got some follow-up interest. I did a few tv and radio interviews and got a few calls from book agents, interested in knowing if I wanted to write a book. I liked one of them- she was friendly and supportive and alright with me having other priorities on my time. She works for a small, recently founded literary house and sent me books similar to my proposed book whose sale they had managed.

She has been very supportive as I've written the book and has already critiqued (helpfully) the first half. I recently finished the book and they said that they're going to an international book fair this week and think they can sell the ms- they've got momentum from several recent sales.

I asked about a contract and they sent me a form letter via email that hadn't been personalized for me- in the header it said [author name and address] and the salutation read: Dear [author]:

It is intended to be signed by *me* should I choose- nowhere in it is the literary agent supposed to sign, and it deals with my responsibilities to the agency- if they sell the book, they get 15%.

Still, I don't have anything with *their* signature with their responsibilities to me, and I have to admit, I'm a little concerned about intellectual property and such. I'm not sure if I'm worried about nothing, but as a long-time writer with my first opportunity to become an author, I'm a little anxious.

Am I worried about nothing? Is this typical? And is there anyway to safeguard my book? I've heard of printing it out and mailing it to myself and storing it sealed, but I've also heard that that is total bunk.

Any advice from authors or literary agents out there? If it matters, I'm in California, the agency is in New York.

posted by arnicae to writing & language (15 comments total)

This website (http://www.sfwa.org/beware/agents.html) has a lot of information on evaluating literary agents, as well as some information about agencies that aren't reputable.

I would be very suspicious of an agent that wanted you to sign a contract that wasn't personalized and didn't offer any indication of their obligations. You should be able to discuss your concerns with the agent, and you should get the feeling that they're taking you seriously.

This website here (http://pubrants.blogspot.com/search/label/agency%20agreements) talks about agency agreements and what is contained in the agreements for her agency. While different agencies likely have different agreements, this should give you an indication of some things that you might expect to find in the agreement -- which might give you an idea of what questions you should ask your potential agent.

I wouldn't allow yourself to be rushed into this -- even though they're talking about momentum, don't feel like you're losing your opportunities if you don't sign quickly. If the book is viable now, it'll likely still be viable after you've taken a few weeks to ask questions and think about it.

Good luck!
posted by cider at 9:29 AM on April 13

Well, look at their credibility as a publishing house. Have they done high-quality work so far? You say they haven't been in business very long; perhaps they don't have the staff to put a completely polished flourish on all their business forms.

Your worry may be over nothing.

And is there anyway to safeguard my book? I've heard of printing it out and mailing it to myself and storing it sealed, but I've also heard that that is total bunk.

You've got your drafts and notes, right? Then you will have no problem proving you wrote it. Don't worry about them stealing your book.
posted by jayder at 9:37 AM on April 13

Go to the NWU and contact them. They have trained people who help you figure this stuff out. You might have to join to get the service but the dues are cheap and if not, ask them where you can get info for free. I attended one of their workshops and they know what they're talking about. They can look at the letter and advise you. They have branches in Cali but they are headquartered in NYC so they might know about this agency already (i.e., if it has any complaints or is okay, or they might not).

Also, consider an attorney before signing any document.

Good luck and congrats on the book!!!
posted by Marie Mon Dieu at 9:38 AM on April 13

@jayder: She's not asking about a publishing house, she's asking about an agency.

Beyond that, though, you're right: find out where the agency has placed books. Have they published things with reputable large publishing houses like Simon & Schuster, Random House, or HarperCollins (or small presses like Archipelago or Graywolf)? Can you speak with another of her clients to find out about their experience with this agent?

And don't worry about someone stealing your manuscript. That just isn't going to happen.
posted by ocherdraco at 9:50 AM on April 13

I am a book industry person. It sounds to me like they're rushing you because London Book Fair starts this week and they want to pimp your book at it. My advice is not to rush it - you should have a two-way contract indicating exactly what rights you are willing to sell (worldwide, US, etc.). And you should always, always have your own lawyer look at it before signing.
posted by meerkatty at 9:51 AM on April 13 [2 favorites]

Yes, they've sold a number of books to publishing houses or imprints I've heard of- it's the London Book Fair that they're at this week.
posted by arnicae at 9:55 AM on April 13

I don't mean to sound like I've written the Next American Novel or anything, I'm just a little anxious since it is my first book . . . is there something I should specifically ask for? They told me that they don't "ask all our authors to sign the contract, some choose to and some prefer not to". I feel uncomfortable bringing it up more than I've already done and don't want to sound rude but obviously want to communicate the right thing.
posted by arnicae at 9:59 AM on April 13

The advice to speak to a lawyer is correct. Most lawyers who deal in these areas - entertainment law, copyright, intellectual property, literary law - will consider a contingency agreement much like an agent. They won't expect you to pay them until your work makes money.

Beware the lawyer that also wants to be your agent.

Seek out other writers -- and authors, as you distinguish -- in your area for a referral.

If the agent balks at you talking to an attorney then I'd be doubly skeptical of them.
posted by GPF at 10:14 AM on April 13

Speaking as a book agent (on the nonfiction side, though, which is a slightly different ballgame), I'll second what everyone else says here about having a lawyer looking at it and taking the time you need, but I also have to play devil's advocate. It sounds like the agent you're working with has done a lot of work for you already without a contract in place--it shows a lot of trust in you (I myself wouldn't do this--what would stop you from using my critique to hone your work, then going to another agent?). I imagine she wants to protect her agency's interests before shopping it around at the book fair--she certainly doesn't want to present your book as represented by her agency and then find out you've signed with a different agent (or worse, find out that another agent is shopping it around at the same book fair).

Any good agent should be willing to discuss the contract with you, as much as you need it, though; don't be afraid to ask questions, it's her job to answer them, and never sign a contract until you're ready. The question you need to ask both your agent and the lawyer is, what is the difference between signing the contract and not--is she still willing to shop your book around without one?
posted by carrienation at 10:15 AM on April 13

If some authors don't sign the contract, okay, but I'm sure they have a letter in writing of some terms. For example, as a writer I would want to know: are you representing just this book or all future writings (fiction & non-fiction), are you selling subsidiary rights as well or retaining those, can I reject any publishing contract that I don't think is adequate, what is the term of retaining you as an agent (one year, until agreed upon otherwise?), what percentage fee do you take, are you responsible for all expenses incurred with the solicitation of my work, when will I receive my payment for rights sold (within 30 days?)
The agency must have a more extensive contract than just that form letter - I'd ask to see one.
posted by meerkatty at 10:17 AM on April 13

@jayder: She's not asking about a publishing house, she's asking about an agency.

Uh, right, that's what I meant.

*skulks away from the thread*
posted by jayder at 10:18 AM on April 13

It seems slightly hinky that the agent has already critiqued half the ms without having you sign any sort of contract. That combined with the optional form-letter contract suggests that the agency isn't as professional as I would prefer if I were the author. If they're that casual with their own time and rights, are they going to be casual with yours?
posted by PatoPata at 12:24 PM on April 13

When I used to run a small record label, I set up a contract and made sure to have all my artists sign it, because I wanted it to be very clear to everyone what we had agreed to. I wouldn't immediately assume these folks are going to rip you off, but I personally would want very clear written agreements about what you're giving up and what you're getting, and what they're paying you/taking from whatever deals they land you.

It's great that they've been so helpful so far, but having a clear and specific written agreement helps avoid problems down the road.

In other words, nthing everyone else.
posted by kristi at 1:49 PM on April 13

You don't need to worry about them stealing your book; you only need to worry about them stealing your money. In a publisher/agent/author relationship, money should flow in that direction. The publisher pays the agent, who forwards the money to the author minus their percentage. Reputable agents almost never ask YOU to give THEM money directly. That's key.

Most agencies have a written agreement, but some totally reputable agents still work "on a handshake," believe it or not. You can share your concerns with your potential agent. You can even ask for contact info for a couple of their authors to act as references. Perhaps you can ask for a revised agreement that also outlines their responsibilities and that they countersign. As long as you talk to them respectfully and professionally, a reputable agency will talk to you about all of these concerns.

Every agent/author relationship is different and you just have to go with an agent that kind of "fits" with how you both want to do things. If you don't click for any particular reason, that doesn't necessarily mean either of you are doing anything wrong; you may just not be right for each other.

If you hire a lawyer to look things over, make sure it's one that has experience with publishing. Most lawyers don't, and end up asking for weird things just out of ignorance.
posted by lampoil at 9:30 AM on April 14

Reputable agents almost never ask YOU to give THEM money directly. That's key

Fixed that for you, lampoil.

Very cool news about the book, arnicae. I hope that works out for you!

Take a look around here: http://www.agentquery.com, also, while you're at it.
posted by Guy_Inamonkeysuit at 12:40 PM on May 5