What to Do When You Get the Call
Vicki Hinze © 2003
You've been writing novels for years, hoping,
praying, and waiting for this very moment. Now that it's here, you're stunned--and it
occurs to you that you don't know exactly what to do.
Your first inclination is to say, "YES!"
to anything, to everything suggested because you've waited so very long, worked so
very hard, and finally--dear God, finally--someone wants to buy your book.
In a word, don't. Don't agree to anything--not yet.
You've got to take off your "finally" creative hat and put on your business
hat. For your own sake--because what you agree to now, at this moment, can impact your
entire career--and for the sake of other writers--because what you agree to now does
impact other writers' sales.
TO DO LIST
-
Express your appreciation of the editor's interest in your work.
-
Learn exactly who is making an offer to buy your work and exactly
what s/he is offering.
-
Write it down. You won't remember the fine points.
-
Tell the editor you'll weigh the matter carefully and get back with
him/her.
-
Hang up the phone.
-
I repeat because your inclination is to say more and you shouldn't--hang
up the phone!
-
Read Laura Kinsale's Contract Mantra. As an aspiring
professional, you've probably read it many times before. But read it again now because
things have changed for you.
Now, rather than a "finally" creative hat,
you're wearing your "business" hat--or you should be. And you must look at terms
and protect your long-term interests, as well as your short-term ones, as a business
person and not as a creative one. This advice holes true whether or not you're agented. You
are responsible for your business interests. You must be aware of the implications
of those interests in order to do what is best to meet your career goals.
If you're agented, the call, will have come
from your agent. Discuss the contract offered thoroughly with her. Not only the advance
and royalty rates. The terms.
If you've done your business homework, you know that
literary contracts are no place for the innocent or the unprepared. You could end up
selling your pseudonym, or giving the publisher an option on every book ever write. One
"s" can make a remarkable difference in what rights you retain and what rights
you grant the publisher. Know all these things have happened. And unless you're prepared,
they can happen again--to you!
It isn't that any publisher tries to take advantage
of you. It's that this is a business, and it's every editor's obligation to their
publishing company--their employer--to negotiate the very best possible contract s/he is
capable of negotiating. You, the writer, and your agent, must take the same position and
negotiate the best possible contract you can negotiate. To do that, you need to know what
is typical and normal in literary contracts so that your term requests are practical and
reasonable.
If your agent is a good one--and hopefully, you
wouldn't be with one that rated less than excellent--the agent will protect your
interests. But agents too are human, and human beings make mistakes. Doesn't your being an
informed, knowledgeable, and aware partner who works with your agent make sense? A
check-and-balance system is an asset. And it's worth remembering that ultimately, you will
live with this agreement. That means, ultimately, you should be comfortable with it.
You're now off the phone. First, express your joy
that "finally" is today.
You might cry, call your spouse, your parents, your
best friend, your critique group. Enjoy this time! Creativity has worked long and hard for
the privilege. It's earned it!
Now, Creativity has had its moment. It's time to
shelve it and put Business back in the forefront.
It's time to switch hats.
You're going to have to put a muzzle on Creativity,
too. Because it's going to say, "Agree to anything, you fool!" Business is much
more prepared to handle the transaction with less emotion and more sense. Business is not
emotional.
UNAGENTED?
TO DO LIST:
If you are not yet agented and knowledgeable of literary contracts,
refresh yourself on negotiable terms.
Make a list of things that are important to you in their order of
importance--a priority listing.
Know your "deal-breakers." If, for example, writing under
your legal name is not negotiable to you--meaning, if the publisher doesn't agree, then
you'll not sell to that publisher--know it before you begin negotiations.
Know on what terms you must be flexible, you will be
flexible, and you will not be flexible.
This is important. Unless you've determined and
defined your career goals and your "plan of attack" for attaining them, you're
going to be in a fog seeking them. Fog can keep you drifting and wandering for a long
time. Know what you want and again--very important--know what is typical and reasonable
for a first contract.
A tip from the trenches and well-meaning
advice from one who has been there and done that:
If you are not agented and unfamiliar with
literary contracts, it is truly in your best interest not to negotiate this contract.
Again, you'll live with the terms for a long time. Someone sharp and familiar needs to be
protecting your interests and, unfortunately, you've waited too long to do so yourself. So
now you have several options.
OPTIONS
-
Ask a reputable agent to negotiate for you. (The editor will be
relieved to negotiate with someone on familiar ground, not upset.) It's common for the
agent to reduce his/her commission to ten-percent on this contract, because you've already
sold the work.
-
Hire a literary attorney to review the contract for
you. (Typical attorneys are NOT familiar with literary contracts, so make sure you hire a
literary attorney.)
Note the important differences between an attorney
and an agent. The attorney will review the contract, make recommendations on changes, and
then his/her job is done. The agent is a party to the contract so long as it exists.
An agent steps in, phones the publisher, negotiates
the contract, and then phones you with results to which you'll agree or request
modifications. The agent, having worked with the publisher or other publishers on similar
novels is, in my opinion, advantageous because s/he will be a party to the contract for
its duration. Should complications arise, the agent will know how to handle them and you
won't muddy up your relationship with your editor on business interests. You'll work with
your editor on creative interests. There's a clear-cut advantage in this.
Many writers feel a category novel sale doesn't
require an agent, that the contracts are boiler-plate standard and very little is
negotiable.
Once, that might have been the case. But beware of
that mindset; times have changed. The problems cited earlier--sale of pseudonym, option on
ALL future novels--arose on category novel sale contracts. Authors now wanting to sell
other types of novels to other houses, but first must send manuscripts--many of which are
totally unsuitable--to their category house to work within their option clauses.
Remember, you're writing in a global market. Your
interests extend beyond borders and into future markets that now might not even exist.
Terms vary in category just as they do in other genres and types of novels. So don't
believe that you can't get hurt or negotiate any term. You can, and you can.
In the perfect situation, you'd have studied the
market, would know what's typically standard, and be familiar enough with literary
contracts that you'd be savvy enough to know what is and isn't negotiable. If, however,
you're unenlightened at the time you get the call, the best advice I can give you is to
get an agent to step in--and make a vow to yourself to get smart on the business end of
your business.
If you get the call and you're not savvy
enough to negotiate, know that the publisher will not be upset at your calling in an
agent. Truthfully, s/he will be relieved. It's much faster and less troublesome to
negotiate with someone accustomed to handling these matters.
If you choose to negotiate alone, then you and the
publisher will agree to an advance, royalty rates, revisions required, possibly schedule a
publication date, and likely little else.
In about two months, you'll get a written contract.
You'll read it, and likely have a lot of questions. You'll phone the editor (at some
houses, someone in the contracting department) and discuss the questions.
When resolutions are reached, you'll hand-edit the
contract, initialing each change, sign, and then return it to the editor.
After the editor gets a signed copy of the contract,
then you'll get your first check.
Checks can be split in numerous ways. If not
revisions are required, you'll get the entire amount of the advance for this book. It
could be disbursed in two parts: half on signing the contract. Half on acceptance (by the
publisher) of the complete manuscript.
Some contracts call for splitting the advance in
thirds. Part on signing, part on acceptance of the proposal, and part on accepting the
complete manuscript. It's rare that this is the case on a first sale, since full
manuscripts are normally submitted.
The most vital advice I can give you is to do your
homework before you get the call. Be prepared for it, just as you prepare to write by
doing research. When you do get the call, don't agree to anything until you've let
Creativity emotionally react and Business takes over.
Lastly, if you aren't intimately familiar with
literary contracts, pay a reputable literary or agent to negotiate for you. In the long
term, it will make your life less stressful and that's always money well spent.
While this article isn’t inclusive, I hope it
has covered the basics sufficiently so that your reaction will be ingrained and familiar
and natural to you . . . when you get the call.
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