Blogger: Janet Kobobel Grant
Agents tread where authors fear to go. That’s the observation I’ve made over the past two decades. Authors are more concerned about their relationships with publishers than agents are.
Not that we agents don’t care–we do. After all, if a publisher doesn’t want to work with a certain agent, deals can go south quickly. Or never even appear on the horizon.
But the truth is, publishers will work with an agent if that agent has a project the publisher really wants. Even if the publisher doesn’t like to work with the agent.
I certainly strive not to be “one of those agents” with any publisher. But I’m also aware that I spread my relational risk with a publisher over many projects and many clients. But an author has just his or her projects to offer the publisher; so the project-risk ratio is quite different for an author. For an author, it can feel like a long way to fall, if the relationship doesn’t work out.
Today I’m going to talk about three ways that an agent pushes a publisher on behalf of an author. These examples will help you to see when an agent pushes and when an agent backs off–and why. This information will help you to see a more subtle side of what an agent does, as well as why an author would be reluctant to tread where agents rush in.
Agents Negotiate Deals over Single Paragraphs
Recently, I was negotiating a contract for a best-selling, highly-successful author. So you can see from the get-go I had some room to press the publisher.
As happens fairly regularly, the publisher had asked its attorney to revamp the standard contract. Agents don’t generally operate using the standard template. Instead, each agency has its own template with that publisher, which reflects the changes the agency has successfully made on details it is especially aware can be troublesome to authors. That’s why a seasoned agent or agency can be more beneficial to an author than a brand-new agent starting out on his/her own.
In this particular instance, two of the contract’s changes were especially troublesome. One more so than the other.
The Negotiations Begin
When I asked for adjustments, I was told no in both instances. In the spirit of negotiating, I accepted one but not the most worrisome one. Instead, I suggested ways to put limits on the paragraph, ameliorating some of the potentially damage to my client.
The publisher said no.
At that point, my client, despite understanding the type of damage the paragraph could do, asked me to accept the contract as is. I suggested one more round of negotiations. I did so knowing that the publisher valued my client and wouldn’t want to hurt the relationship. Also, I knew that if I reworked the paragraph’s language and really pressed the publisher to make some adjustments, I was likely to get a yes. The sense of how hard to press had come from years of negotiating experience.
The Negotiated Deal.
The publisher agreed to the new language, my client was more sheltered from the paragraph’s potential effects, and the paragraph became a part of our agency’s template with that publisher. And, most importantly, my client’s relationship with the publisher remains good.
Agents Negotiate Deals over Creative Differences
A good agent will make sure the contract contains a provision giving the author the opportunity to give feedback on the cover design. But the author sometimes fears expressing her opinions.
One of my clients always responded to the proposed cover designs without ever asking me to be involved. I never was a part of the conversations.
After a couple of designs showed up on her printed books and were not the type of covers that would compel potential readers to be drawn to the books, I asked my client to please always make sure I saw the design and had a chance to give input. (Some publishers fail to send the proposed cover to the agent as well as to the author. If I don’t know a design is being discussed, I can’t participate.)
Avoiding Being “One of Those Authors”
The author then told me that she never liked the covers but didn’t want to be seen as “that trouble-making author,” the one the publisher wants nothing to do with. So she always simply thanked the publisher for the cover but never gave feedback. I promised to take the role of the negotiator the next time we saw covers.
A short time later, we received a cover design that both the author and I agreed lacked the little twist of humor contained within the book that lightened up the complex content.
When we gave our feedback, however, we experienced consider push-back. Not only the designer but also the editor explained why they liked the current cover direction.
The Agent Negotiates for More
At that point, the author asked me to acquiesce. But I wanted to see what I could negotiate. I sensed we could make some minor adjustments that could improve the cover.
After several more rounds of emails, the publisher agreed to some changes that helped to convey what the author had in mind. But the truth of the matter is that the publisher saw the book one way; the author and I saw it another. My goal had become to make as many adjustments to the cover as I could, and then the author and I were going to have to live with the cover.
I console myself that it’s a brighter, more engaging cover than before the negotiations began.
Agents Negotiate the Money
This is the most obvious part of the deal and the first most writers think about. But, like the other examples in this post, the agent knows when to push and when to relent.
In one instance, my unpublished client became so excited about having a contract offer, that she sent an email to her large subscription list, announcing the publisher and the release date.
That seems like just the right thing to do, doesn’t it? Only problem is, we might have received an offer from the publisher, but I hadn’t accepted it yet.
I grasped a detail the author didn’t get–the publisher most likely was willing to increase the offer. I wanted to press a bit for a stronger offer.
The author, fearful of losing the contract, resisted. But I asked the author to trust me, which she eventually decided to do.
The Agent Negotiates for More
I hoped none of the publisher’s employees was on my client’s mailing list because the author had, in essence, expressed that she was fine with the offer. I asked the publisher for a significant increase in both the advance and the royalties.
We didn’t get everything I asked for, but the offer definitely was improved. And apparently no one had seen my client’s announcement. Whew!
As you can see, agents bring a refined skill set to the negotiating table, whether the negotiations involve a contract, an offer, or the publishing creative process.
Which of these instances would be hard for you to trust the agent in? Can you think of other ways authors need to trust their agents?
TWEETABLES
A behind-the-scenes view of a lit agent negotiations. Click to tweet.
How lit agents know when to negotiate and when to quit. Click to tweet.
Thank you, Janet, for the clarity you’ve brought to the murky waters of contract negotiation.
O Lord, grant me an agent wise as a serpent and gentle as a dove. And grant me the good sense to get out of the way! Amen.
What a wonderfully informative post, Janet!
* I have to admit that when I read through it for the first time, I was irresistibly reminded of Al Capone’s dictum – “You can get a lot further with a kind word and a gun than you can with a kind word alone.” But you guys at Books and Such are tougher than Il Capo, and I figure all you need is a set of nunchucks. Or just a steely glare, like that of a Border Collie facing a rebellious sheep.
* To my mind, one of the worst things an author can do is to try to negotiate directly with the publisher, even if the publisher pushes…”Oh, it’s such a minor detail, no need to involve your agent!” I don’t know the industry, and I obviously don’t know the culture of the putative house; these knowings can only be gained through experience. The ‘gifted and insightful amateur’ has no place here.
* I wonder if deadlines might be added to the list? It’s so tempting for an author to say, “Sure, I can change the whole book from a first person narrative to an omniscient POV by next Tuesday!”, but I would guess that an agent has a far more realistic measure of turnaround times.
* So, in essence, my paradigm would parallel Miranda – I have the right to remain silent, and to ask that all substantive communication be filtered through my agent, and that my agent be copied on ALL communication, even sparring over minor points with an overzealous editor.
* To close, may I offer my own platitudinous dictum? “Learn from Hansel and Gretel, and leave a paper trail!”
Love the paper trail comment, Andrew!
Love the fact that you’re HERE, Carol!
Me, too. The pelvis only cracked in a couple of places instead of shattering. Thanks be to God and the mechanical strength of a 1-ton pickup to absorb most of the impact of the direct collision on my door! We almost drove the Jeep; I would have been dead.
I’m getting around pretty well with my crutches, and my laptop didn’t get broken. The concussion didn’t break my brain, either, so I’m up and writing still. Praise and thanks to God for his protection! I’d still appreciate prayers for rapid healing from the folks here.
Andrew, deadlines are important to look at realistically even in terms of when the manuscript needs to be handed in. For some writers, a January 2 due date is perfect because they have time over the holidays to work; for others, it’s destined to be a missed deadline because of the holiday demands. I always ask my clients to think through any January due date. Also, writers tend to want to please the publisher so whatever deadline the publisher offers, the writer figures that means it’s reasonable to complete the manuscript by then; so the writers agrees to the date.
Many thanks for this great article. Some contracts try to quantify financial penalties if deadlines are not met. Deadlines are usually not when the book is due to go to print, so an editor can ask for changes close to the deadline date and it doesn’t matter for the editor if the deadline is broken – but the author is still liable for a penalty should the publisher wish to impose it. For a contract for a highly illustrated book on calligraphy for greetings cards and scrapbooking, my agent crossed out the date for a deadline and inserted ‘as required by the editor’, which was accepted …and the editor and publisher changed the ‘deadline’ several times.
Yes, though I know that for all parties it’s ‘just business’, my agent does worry me that she’ll press so hard the publisher will cancel the offer or never make another one – but it’s wonderful not to be directly involved in negotiations and keep my personal relationship with the editor/publisher intact.
The good news, Peter, is that agents tend to have good instincts for how and when to press the publisher. It sounds like you’ve got a good one advocating for you.
This was very thought-provoking. I am in an interesting place. I recently signed my first contract with a traditional publisher for the first book in A series of Bible studies (they have first rights of refusal on the second). Because I still do not have an agent,when I received the offer, I hired an agent for a fixed fee to help me negotiate the contract. As a result, several terms were strengthened, including royalties, for which I am so grateful. I am still looking for an agent and so the challenge for me will likely be to trust my agent if s/he wants the next book(s) to go with a different publisher. As a new author, my publisher is taking a risk and I want to honor that (but for how long or how far?). I think this will be a challenge if/when I find an agent. (Great post!)
Shadia, with Bible studies, it might not have been possible to delete the right of first refusal, but such a clause seldom is to the author’s benefit. The clause puts complete control in the publisher’s hands. I also know that some publishing houses won’t agree to the option being deleted.
I think of each contract negotiation as an imperfect work. Seldom does the agent get everything asked for.
Thank you, Janet. I entirely agree. Thankfully, the first rights clause leaves the terms open to be agreed upon by both parties (the right does not include specified terms). In the meantime, I will continue looking for agent representation. Having a publisher without an agent is a strange position to be in. (Alas, I recognize that Bible studies are difficult to place.) Thank you so much for educating writers on the “behind the scenes” of publishing 🙂
Janet, this was informative. I knew agents negotiated, but reading the different ways you negotiate was enlightening. I can definitely see how having a positive relationship with a publisher might make this aspect of your job a little easier.
Great post, Janet, and highly informative. I always appreciated the way my agent (Rachelle Gardner of B&S) protected my interests in negotiating contracts, but I’d never realized the ways in which that was done. Thanks for sharing.
Richard, we Books & Such agents often say to each other, “If only our clients knew how much behind-the-scenes work we’re doing for them.” We’re regularly advocating for our clients. And even if a client is awaiting a contract, our work for another client will benefit the one in the wings when it’s his turn to receive a contract offer.
Janet, I am once again reminded how fortunate I am to be represented by you. Your wisdom and willingness to push on behalf of your authors is truly a gift.
Thanks so much, Teri Lynne. You make my job easy.
Janet, the publishing process seems like a path tread very carefully. One slow step at a time. It reminds me of wrapping a gift. If you rush, you might not like the final product. But if you take your time in the publishing process, and do things right, you have something beautiful to present, something beautiful presented to you. A once-in-a-lifetime gift that you hope to receive year after year. What a blessed client to have you each step of the way. I can’t imagine anyone not trusting your expertise. For someone on my side of the fence, having a trusted agent would be like leaning into strong arms, gaining a firm foundation, and finally being able to see straight ahead. It’s hard to imagine someone losing that perspective. I guess it would be like our relationship with God … how we think we know best sometimes, how we try to guide Him, instead of letting Him guide us.
Shelli, the creative person is the insecure person (generally speaking), and writers highly value the relationship with the publisher. Authors live in fear of that relationship not going well because the repercussions could be immense.
I guess creative people tend to be insecure because we’re constantly asking, “What if…?”
I would expect any agent to pay close attention to royalty issues since they earn a percentage.
*My guess is where the truly good agent shines is over points where the authors have no real power because they’ve already sold their rights. Persuading the publisher to provide a more appropriate cover is one area where a good agent would be invaluable. That seems to ride almost entirely on diplomatic finesse and good will
Carol, first of all, I’m happy to see you’re able to join us in the discussion today–and that you’re still with us. Praying for your healing process.
You’re correct that finesse, strong relationships with those in a publishing house, and ability to present persuasive reasons to make changes are all required once we get into the murky waters of the creative process–and the marketing-publicity process.
Thanks for the prayers, Janet! Like Andrew, I truly appreciate how this blog community is an on-line circle of friends.
Mrs. Ashby, it’s good to see you penning comments here. Saw your contribution on Steve Laube. Happy with the progress your book is making, and even more with your health.
Swift healing, like a swish of a wand, is yours. Though the wand here is definitely miraculous, not magical.
Thanks, Michael! (You can call me Carol whenever you want to. That’s certainly appropriate for a writing brother!)
Alright, Carol. Thank you for the privilege.
Carol, so thankful you are okay.
This is my favorite kind of agent post, Janet. Learning something new about the everyday things that you guys do behind the scenes on your authors’ behalf. Awesome!
Trust appears to be a determining factor between agent-author-publisher relationships. The author wannabe should be ready to fall into steady arms of the agent while proving herself willing to learn and grow. A give-and-take.
BTW, any writer who thinks he does all the work should beware. He doesn’t cover a tenth.
You’re so right about the importance of a trust relationship. Once it erodes, the relationship is pretty much over.
Honestly, I don’t think I’d have that much of an issue trusting my agent with any of those areas – because I wouldn’t go with that agent if I didn’t feel she was on my team and highly knowledgable and skilled in her craft.
After being in the literary PR world for a few months, I’m seeing now how making suggestions about cover art or wording of certain things are not personal to the publisher and agent as they are to the author, so the agent has a much better ability to see and speak more clearly about such things. And the publisher, while invested in the project, doesn’t have near the emotional investment as the author, so suggesting changes to a cover wouldn’t irk them as much as if the author had designed the cover and had been asked by the publisher to change it.
As for me, when the time comes for me to enlist the help of a good agent, I already know that while I’ve learned a great deal recently through my job and blogs like this and other author friends, I just don’t know what I don’t know. I’m grateful that there are agents out there to help navigate these uncharted waters.
You’re so right, Jennifer, when you say the author sees the cover in a personal way neither the publisher nor the agent does. But some designers make cover decisions based on the Marketing Information Form the author filled out rather than reading even a portion of the book. That can mean the designer never gained a sense of the book’s tone. Therefore, the design can be pretty far off-base. Often the editor can help to make sure the cover is a true reflection of the voice, but other times the editor isn’t given sufficient voice to make mid-course corrections.
This makes so much sense!