Authors: Richard Curtis
ISBN-13: 9780618380411, ISBN-10: 0618380418
Format: Paperback
Publisher: Houghton Mifflin Harcourt
Date Published: November 2003
Edition: Revised and Expanded
The head of his own literary agency in New York, Richard Curtis is also the publisher of e-reads? and the author of more than fifty books.
How to Be Your Own Literary Agent takes the mystery out of book publishing for any writer, published or not. Richard Curtis -- a top literary agent for more than thirty years -- provides a comprehensive practical overview of the publishing process, from submissions to contract negotiations to subsidiary rights to marketing, publicity, and beyond. He also gives away trade secrets and invaluable wisdom -- candid advice that can be found nowhere else. Now completely revised and expanded, How to Be Your Own Literary Agent is essential reading for all writers.
* Big publishers, small publishers, self-publishers, e-publishers: how to keep up in a rapidly changing business
• The new breed of busy literary editors: how to find them and know what they're looking for
• What the electronic revolution means to you, and how to take advantage of it
• How to know your "publishing" rights and negotiate effectively
• How to have a say in your book's design, jacket, and promotion
• How book chains and superstores have altered publishing -- and what that means for you
Contents
Introduction xv
1. An Agent Looks at the Market 1
How a literary agency evaluates your manuscript How economic factors affect editorial decisions The blockbuster mentality Four categories of books: backlist, frontlist, midlist, and genre The best way to break into print
2. Slush 10
The odds against unagented writers Overcoming publisher resistance to unagented submissions Studying the market Submitting to specific editors Multiple submissions Post9/11 precautions Writing a strong cover letter Packaging your submissions E-mail submissions Whether to send complete manuscript, partial manuscript, or query letter Producing winning nonfiction presentations The key components of a nonfiction pitch Pitching fiction Following up your submission
3. Negotiation 28
Taking the mystery out of negotiation The first thing to do if you get an offer Calling in an agent after you get an offer Getting information from an agent without hiring him Why many publishers would rather deal with agents than with unrepresented writers The basic deal vs. the boilerplate Formulating your negotiating strategy Researching and rehearsing for negotiation Relationship with your editor during negotiation Supporting your position with cogent arguments
4. The Basic Deal 57
Why it is essential for writers to understand contracts Copyright what is it? Common-law vs. statutory copyright protection Elements of the basic deal: form, language, territory, subsidiary rights E-books vs. traditional books The difference between primary and secondary subsidiary rights Understanding royalties Royalties based on list price vs. those based on net proceeds The importance of understanding discounts when calculating royalties The basic royalty Other types of royalties Overstock and remainders Amazon.com Primary subsidiary rights: book club, reprint, second serial, electronic, and others How primary sub-rights income is split between publisher and author How hardcover-softcover deals work Advances How publishers calculate advance offers The payout of advances Escalators and bonuses Joint accounting of advances Refund of advances: the acceptable” clause Trading off advances, royalties, and subsidiary rights in negotiation
5. Warranties and Indemnities 83
The author’s liability Withholding of authors’ royalties to defray legal expenses, damages, settlements Warranties you make to your publisher: libel, defamation, obscenity, others Indemnifying your publisher against expenses and damages Modifying warranty and indemnity provisions of contracts Libel insurance Care is the best defense
6. Permissions 94
The cost of ignoring the permissions clause of your contract Getting the publisher to pick up some of the permissions cost The author’s responsibility for illustrations, quotations, etc. Indexing Designing a permission request Anticipate costs now, save money later
7. The Option Clause 99
Disastrous results of poorly worded option clauses When and why to modify your option clause Specific language for modifying option clauses An ideal option clause
8. Termination and Reversion of Rights 106
Sharp reduction in life span of books Authors demand reversions of rights as soon as sales cease Why books go out of print so quickly The desirability of recovering rights to your out-of-print books The profound impact of electronic technology on definitions of out of print” Sharpening the language of your termination provisions Why publishers resist requests for termination Giving publishers a break on reversion requests How valuable are reissues of reverted books? Reissuing your reverted book in e- book format
9. Royalty Statements 114
Bookkeeping games publishers play Why and how publishers delay payments due authors Reading a royalty statement: the basic components How publishers manipulate reserves against returns Tactics for getting fuller royalty statements from publishers Combating delays Pass-through of royalties after advance has been earned Auditing publishers’ accounts a suggested audit clause How to audit without using an accountant Collective action to combat creative bookkeeping”
10. Ancillary Rights 131
Why and when you should reserve ancillary rights The economics of ancillary rights Handling your own ancillary rights
11. Cyberbooks and Hyperauthors 137
New language appearing in publishing contracts as publishers discover multimedia How electronic media compare to traditional print medium How they compare to traditionnal motion picture medium Publishers and authors vie for control of electronic rights Potential of new technology to create living books” In the 1990s CD-ROMs foreshadowed the electronic rrrrrevolution Publishers, authors, and agents awaken to unprecedented opportunities for education and entertainment
12. The E-Book Revolution and How to Join It 143
Three events in 1998 that revolutionized the publishing industry Introduction of print-on-demand technology Launch of palm-sized electronic reading devices Realization that Internet, not CD-ROMs, is delivery system of choice Vision of a virtual” publishing model How the computer disintermediates” middlemen between buyer and seller Digital is forever Digital transmissions do not recognize national boundaries Publishing no longer a physical place How electronic technology changes roles and relationships Key elements of an e-book contract Royalty Format Territory Term Subsidiary rights Term Hype vs. reality of an e- book future Signs that e-books are beginning to take”
13. Movie and Television Deals 150
Critical elements in movie making: financing, producing, distributing How producers assemble the elements of a movie deal Options vs. outright sale of rights The rights an author grants in a movie deal The value of these rights Earning profits above the sale price of movie rights Your legal responsibilities and liabilities Screen credit for your work Writing the screenplay of your book How television deals differ from theatrical motion picture deals Networks vs. cable television How books get sneaked” to the studios Getting your book into the hands of producers, directors, stars
14. Miscellaneous Provisions 169
Copyright Competing publication Competing schedules Deferred royalties Minimum royalties Bankruptcy Failure to publish Assignment Jurisdiction of publishing contracts Author’s copies
15. All About Agents 177
Why literary agents have so much clout How editors are recovering ground lost to agents Why you should always trust your agent Why you should never trust your agent When an author should approach an agent for representation Finding and selecting the right agent Using the Association of Authors’ Representatives to check out agents Evaluating agents What questions to ask What agents do that authors can’t do for themselves What to expect and what not to expect from your agent Reading fees Designing and negotiating an author-agent agreement Commissions Breaking up with your agent
16. To Publication Date 198
Agents can influence every important publishing decision Copy-editing Advantages and limitations of computerized copy-editing Galleys and page proofs Production Publishers’ catalogues Entry in catalogue essential to the life of a book How the publisher determines the size of a printing The role of the sales representative and sales manager Enormous influence of sales reps on publishing strategies How publishers’ Web sites and e-mail affect their relationships with stores and chains How authors can help sales reps
17. Is There Life After Pub Date? 213
Don’t expect a publication party How the publisher determines the advertising, promotion, and publicity for your book Platform” Helping your publisher publish your book better Why the annual Book Expo America bookseller convention is important to authors
18. Beyond the Bestseller List 226
Are bestseller lists honest and objective? Time lag problem Selection criteria problem Can the lists be manipulated? BookScan program enables the book trade to track sales information more accurately
19. Consenting Adults 232
Who should have editorial control, editor or author? Control over covers, design and style, subsidiary-rights negotiations? Authors not always good judges Difference between consultation and approval Veteran authors gain more control How new authors can get some, too
20. Collaborations 238
Rewards and dangers Types of collaborations Good matches vs. bad How collaborators find each other Collaboration agreements How to split proceeds Bylines Copyright Liability and indemnification Expenses Other obligations of collaborators toward each other Approval of manuscript Authorization of agent Termination of collaboration
21. Book Packagers 248
Definition: combination of author, agent, and publisher How you might become a packager Advantages and disadvantages of working with packagers Why relations with packagers tend to deteriorate Tips for dealing with packagers
22. Auctions 254
Factors in the decision to submit simultaneously: Is the book timely? Does it have universal appeal? Is it a big book? Difference between multiple submissions and auctions How auctions are run Benefits and hazards of auctions
23. Of Taxes and the Writer 260
Writers are vulnerable to IRS audit What you can deduct Writeoffs in lean years Prosperous years: government-sponsored tax plans, income averaging, etc. Depreciable capital purchases Straight deductions: office expenses, office use of home, travel Documentation Incorporation
24. Solidarity 266
Many organizations of authors, but how much influence do they have? Comparison with Writers Guild of America Why free-lance authors can’t wield similar power Power of literary agents Problems of collective action Bad publicity a cheap but effective weapon
25. Superstores 270
Rise of bookstore chains Superstores designed to provide variety of services Bookstores expanding to sell software Appeal of traditional bookstores A typical superstore Challenges to traditional bookstores by Amazon.com and other online retailers Beyond Amazon.com: Internet cafés, print-on-demand kiosks
26. Titles, or My Life in Titles, or The Title Game, or Adventures of a Title Maven, or Titles: The Writer’s Indispensable Tool, or What’s in a Title?, or The Principles of Titling, or My Kingdom for a Title, or . . . 276
The title helps authors, publishers, and consumers focus on the subject or category Sales reps’ influence over title selection Fashions in titling How to select an appropriate title Some memorable titles
27. Let’s Have Lunch 283
Importance of editorial luncheons Protocol of making lunch dates Some common misconceptions How book deals are developed at lunch Who pays
28. If I Were You 290
What authors need to know to launch their careers in today’s environment Twenty-first-century model of publishing: a writer, a reader, and a server Alternatives to traditional publishing opportunities Small presses Self- publication Electronic publication
Appendix: Is It a Good Deal? 295
A quick guide to deal points for authors in the midst of negotiations