NEWS: The conversation branches over at The Passive Voice, where Passive Guy reblogs this post, and more writers chime in. We now return you to the original post:
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Imaginary agent and clients
Over on The Passive Voice  a few days ago, Passive Guy re-posted a blog from earlier this year: “Your Agent Isn’t Your Mommy,” in which he quoted some of “...the extreme reactions of some authors to any criticisms of the business practices of agents.” My head is still spinning after reading a quote from one author: “I would trust him/her with all my future endeavors. All. Even if they seemed, excuse the turn of phrase, sketchy as hell.” I can’t even begin to say how foolish that sounds. But that’s just me...and lots of other writers I know who are paying attention to what's been going on in publishing the past couple of years.

There are also some remarkable comments from very savvy writers on both the original post and the re-post linked above.

Why an Agent?
So why are so many writers so enamored of the very notion of having an agent that they are willing to trust their writing careers and incomes to people they’ve never met? Why are they renouncing advice from people who've been there and done that, and told us about it over and over, like Kristine Kathryn Rusch and Dean Wesley Smith? Because not to put too fine a point on it, blindly turning your writing income and prospects over to someone else seems to me, especially in today’s rapidly changing publishing environment, like a really dumb idea.

But it wasn't always a really dumb idea. In fact, when I wrote my first three novels, it was a terrific idea, so climb into the Wayback Machine™, and let's go on a trip into the not-so-distant past.

What's Past is Prologue 
Back in 1991, I'd been selling short fiction for a few years, and now I had a novel to shop around. I wanted an agent like a six-year-old wants a pony under her Christmas tree.  In the publishing environment of the time, a writer with a book to sell needed an agent. We needed agents because we needed publishers to get our physical books distributed to physical bookstores (remember those?), and you couldn’t deal with a publisher without an agent. If you could get an unagented book to an editor—and that was and still is possible if you're ballsy—you'd still need an agent to negotiate the contract. Agents, or so we thought, knew everything about IP law, and pretty much everything about publishing, too. Oh, and they also knew all the editors in New York, and what they wanted to buy. That was a lot to put on anyone, but it was the prevailing conventional wisdom among writers.

Within a few months of finishing my first novel, I had an agent. This was due less to my dazzling talent (far, far less, actually) than to the fact that an author of my acquaintance messaged me online (Prodigy, in case your memory goes back that far) and said she’d told her agent to expect a call from me, and not to embarrass her.  The agent and I had a conversation in which he asked a lot of intelligent questions about my career. I sent the ms; he liked it a lot. We shook hands, as it were, from a distance of 3000 miles. And I gained the privilege of using that heady phrase "My agent..." I hope I didn't overdo it, but you know....

A couple of months after that, I had a deal for my first novel and two unwritten sequels.

How Do You Spell Success?
I ask you, what could make a late-20th-century writer’s heart gladder than that? What could make a new novelist any surer that her future was laid out before her like the Yellow Brick Road, with the Emerald City of literary success clearly in view? Now I had an agent AND a multi-book contract! Did I break out the champagne? Oh, hell yes! My education in publishing, contracts, and yes, agents, was yet to come. 

At the time I joined up with my first agent, the commission on domestic sales was 10%. Soon after, he gave himself a 50% pay raise to the now-standard 15%, at least for small-potatoes clients like myself. The deal you get is not always the deal best-sellers get, but that's just business, and never forget agents are in business. At any rate, I was never in a position to make either of us rich at either percentage.

To this day I believe that particular agent is one of the good guys, and he's yet to prove me wrong, but our present business relationship is connected only with the books he sold for me back then, and only because the publisher in question is hanging on to my rights like a dog with a bone (or perhaps a penguin with a fish). If a traditional publisher were to offer me a deal tomorrow (admittedly, getting a pony is more likely), I'd hire an IP lawyer to negotiate the contract, and keep the 15%.

Doofus for Hire
And let me make this perfectly clear: not all agents are created equal. I've known some real doofuses who went around passing out business cards with "agent" on them, and some unfortunate writers who hired them. A friend of mine who's now a successful author with half a dozen novels in print went through four or five absolutely terrible agents before finding a competent one.

And there have always been crooked agents. My first agent, like many of his generation, graduated from "the high school of literary agencies," Scott Meredith, who was famously unethical. An agent once told me that most people of a certain age in his profession had worked for Scott when first starting out, but those with any ethics left as soon as they could to start their own agencies.

The Agent as Superhero
In those days before The Disruptive Innovation that Came to New York, most authors depended on their agent to know a) everything the publisher knew, and b) everything the publisher didn’t. We believed our agents were in the business of looking out for us and our career needs, and we believed ourselves somehow protected. Cared for. Watched over. All we had to do was write. Our agents would make everything else happen.

That wasn't exactly true even then; it was part of the lovely, if broken, illusion of being a 20th century writer. But now it's 2011, publishing has been turned on its head in the space of two years, and many agents have morphed into that horrifying chimera known as the "agent/publisher." And yet the guardian angel illusion is still very nearly as prevalent among inexperienced writers—and not a few experienced ones—as it was then. Those of us who go it alone for some or all of our writing projects are still quite the minority, despite our volume level.

Author Augers In
As it happens, my career did crash and burn, but I've never thought that was any more my agent's fault than the publisher's or my own. He even kept me afloat with some lucrative work-for-hire projects I'd never have gotten without him. He did nix a couple of outlines I sent him as not having enough commercial viability, and eventually I went my own way, which included not writing much of anything outside the day job for years.

Commercial viability is a much bigger concern with agents than with writers. I mean, we may write a novel because it's a story we just have to tell, but why would an agent waste his time flogging a novel he didn't think likely to sell quickly? He's got dozens of clients, only so many hours in the day, editors he doesn't want to spam, and bills to pay. If you're off-genre, you're kinda hosed. And genres are getting narrower and fiddlier as we speak. It's much easier to say "Nobody's buying that sort of thing right now," and steer the writer toward something more profitable.

My Other Agent
When I did write another novel, I hired another agent to represent it—a UK agent. To this day I think he's one of the smartest and most capable people in publishing. The book was off at least two genres, maybe three, and he didn't end up selling it. I'm pretty sure he was disappointed that I turned down one American agent who was enthusiastic about the book, but then wanted me to make substantive changes I didn't see as an improvement. But perhaps they would have made it more commercially viable—who knows?

I had no more success shopping it around on my own; no-one could decide how the hell it was supposed to fit into the existing subgenres. Odd as it may seem, when I wrote it, I hadn't thinking about fitting into anything—I was telling a story I very much wanted to tell in the best way I knew how. I'll be publishing that book myself next year, after a rewrite and a thorough going-over by my editor.

Since both these agents favored the old-school ways, which say that the agent’s contract with the author is the agency clause of each individual publisher contract, I had no agency agreements to haunt me when I wanted to move on. That kind of handshake deal is hard to find today in the world of increasingly restrictive agency contracts. It's another reason I like and respect both these men, even though I'm increasingly wary of what's happening in their profession.

So listen up!
Up until a couple of years ago, writers needed agents to go the traditional route through a publisher to physical bookstore sales. And so we overlooked some basic facts about the agent-author-publisher relationship, because we could not rock the boat we depended on to get us to that golden shore. But here are a few facts you might want to mull over, now that being agented is entirely optional:
  • There are only a few major publishers, and only a few editors with whom your agent has a relationship.
  • Your agent depends for her living a great deal more on the good graces of the publisher than she does on yours.
  • If you're a midlist author, you're not contributing enough to your agent's financial success to make you a player in his game. He must and will sacrifice your best interests from time to time in favor of authors who make him more money.
  • An author who's doing well can really help line an agent’s bank account, but every agent knows that if she pisses off a publisher, she's finished.
So writers, whatever you choose to do with your careers, at least know a few facts going in. Do your homework. Read the blogs. Some of the best (in my opinion) are listed in the sidebar right over there. Listen to people who have been where you want to go. Don't let what was important or glamorous or sexy in publishing a few years ago blind you to what's happening now, because trust me: everything is different, and getting more different by the day.

Don't expect publishing to be what it was in the last century, and don't expect an agent to be your guardian angel.

 


Comments

12/02/2011 11:50

Working with an agent is one of those things that has a certain amount of cachet. In the minds of many, it's also a hallmark of a pro. Your last two sentences nail the problem and the reality.

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12/02/2011 15:36

Sadly, it will be years before many writers catch on to the fact that the game has changed. Which is why it's so important to get the word out as you've done in this post. Kudos! :)

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12/02/2011 15:50

Yes, R.K. and Marti, the majority of writers are still seeking the brass ring. And some will grab it, but not many, and some who do won't enjoy the ride.

I hope writers will learn to pay particular care with contracts. Many if not most agents, while they might be familiar with the clauses they encounter in publishing contracts, are not experts in IP law. Not only can things get past them, but they'll tend to cave on points that would cause them undue friction at the publisher end. And that IS the money end, because they can always jack you up and put a hungrier writer where you used to be. It's not personal--it's business. Agents are business people, and it's getting harder and harder for them to stay in business. The less-ethical of them are already launching new business models that are not especially author friendly.

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Pat MacEwen
12/02/2011 23:31

Are there any circumstances where you think an agent is still important? I'm thinking about things like movie rights, foreign rights, and of course those work-for-hire connections you mentioned.

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12/03/2011 04:01

Great post, Bridget. Thanks for sharing your story.

I went straight to self-publishing without looking for an agent, so I'm obviously not ensconced in that camp, but I'm sure there are lots of good cookies out there who do a great service for their clients. I'll probably hunt for a foreign rights agent at some point, so we'll see how that goes. :)

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12/03/2011 08:38

Pat and Lindsay, Dean Wesley Smith covered the topic of needing an agent in today's publishing a couple of weeks ago. I think it bears reading and re-reading: http://www.deanwesleysmith.com/?p=5886

If you haven't before, I'd suggest looking up "Agents" in the subject links , pouring a nice cup of tea, and sitting back for a nice long read. It's quite educational.

Dean says "I believe the day of the agent has passed." He also understands that every writer is different, and that some people are going to want to hire an agent. In that case he offers, in the same post linked just above, A Writer/Agent Bill of Agreement. Should you find an agent with whom you could agree on the terms, it should mitigate some of the worst problems of the traditional writer/agent relationship.

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12/03/2011 08:40

I meant, look up "Agents" in Dean's subject links. He's had a lot to say on the subject, and a lot of experience to back it up.

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12/03/2011 09:25

Great article, Bridget.

I have no idea what will happen in the agent profession in the next few years. I see the value in a broker-type relationship, matching specific projects with specific editors. I no longer see the value in a long-term, even life time relationship between agent and writer. So, until all this settles down and roles are defined, my advice to anybody thinking about acquiring an agent is to wait.

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12/03/2011 11:40

I totally agree, Jaye. Right now no-one knows how this will shake out, least of all the agents.

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12/04/2011 08:12

Everything you wrote about the agency biz is completely accurate. After almost thirty years representing authors and illustrators, we decided that it made no sense to continue as agents for authors. They no longer needed us and in reality, we can't do anything for them that they cannot do better themselves. Illustrators - well that's another business and our continuation in this field is open to debate. You've made the right decisions moving into self-publishing, and those who do the same thing will thrive during the continuing shift in the publishing world. Best of luck to y'all.

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12/04/2011 09:22

Jeff, congratulations on finding a way to serve the clients you can serve honestly and well.

And that's an amazing bunch of illustrators you have over there at http://dwyerogrady.com/. All success to you going forward.

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12/04/2011 17:13

I will merely repeat what my actor friend, the late Vincent Gardenia, once told me:

"Tommy, even if you see them kneeling down in church, remember-- they're still agents."

I've had great relationships with all of my agents. But agents are not friends. Agents are in business with you. You blur the lines between friendship and business at your peril. Thus, one needs to be constantly wondering, "is this person representing me the way I want to be represented?" Trust--but verify!

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12/04/2011 17:26

I LOVED Vincent Gardenia! What an amazing presence that man was!

And what good advice, Thom. I imagine it's much the same in film and TV writing as it is in New York, just with better weather.

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12/04/2011 18:01

<<Bridget wrote: And what good advice, Thom. I imagine it's much the same in film and TV writing as it is in New York, just with better weather.>>

:-) There are some similarities.

As I move from having written TV to writing prose fiction, the indie movement is very exciting to me.

It interests me, that despite the rise of "new media," I don't believe there is a comparable indie movement in the TV business.

Studios still have a stranglehold on production, and so, as writers, if we want to make a living we have to play ball. YouTube and web series are not quite there yet in terms of a business model. There are very few success stories there, and those shows that have managed to find economic success as new media do not look the same as traditional broadcast TV shows. Most have lower production values, few are as long as broadcast shows.

But indie books can look exactly like NY books, and can be distributed on Amazon like NY books. That's the game changer.

I do find one parallel to indie publishing in Hollywood: the move from film to TV by many young writers. TV, even big business TV, comes with freedoms that do not exist in the movie business. If your show makes money, you are basically left alone to produce the show you want. And things happen fast in the TV business--no waiting years for a project to get done.

This last aspect--time--has up to know soured me on writing prose fiction. I love the idea that now, due to the indie movement, you are no longer at the mercy of a NY publishing house calendar, and you have ultimate freedom of choice over your product.

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12/04/2011 18:28

I have to agree there's never been a more exciting time to be a prose writer. Time-to-market, along with the other types of control writers have regained, helps make this an exciting disruption to be part of.

So Napster and CDBaby changed the music game, Amazon has changed the book game; where will the disruption come from in visual media? YouTube seems to be the dominant player in indie video, and certainly there are shows like The Guild--well-written, well-performed, and with reasonably high production values. They're short, due to YouTube's restriction on length, and that calls for a different kind of writing. Can shows like this go big alongside 60-minute network offerings? It'll be interesting to find out.

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12/25/2011 07:29

I started out several years ago *really* wanting an agent. Feeling like I *had* to have an agent -- primarily because I had this vision in my head of walking into a bookstore and being able to buy my book, and that's the way to do it. And, of course, I wanted the validation that I was good enough.

Since that time, things have, of course changed -- not just in the industry but with me, personally. Your post really hits me, along with others I've read from those traditionally published. I'm not saying there aren't good agents, and I'm not saying it's not beneficial (in some ways) to have one. But I can get a book into a bookstore on my own.

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Bridget
12/25/2011 08:44

Nicole, excellent point. Publishing is changing, and authors--even unpublished authors--are a part of the ecological system. When change happens in any part of that system, it resonates in all of them, creating still more changes that also resonate, creating...

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12/25/2011 19:24

Great post. Appreciate JF Bookman pointing it out. I did the agent/querying thing for a long time and on my own queried memoir essays that did get published with a small return but mostly something for my writing resume (and good skills learned). But this past March, I took the plunge to find out what this self-pub stuff was all about and published a historical novel I was passionate about. I'm very glad I went this and plan to bring out another book once the editing is done. I'm still querying a couple of titles,

Publishing right now looks like shifting sands and though I enjoy meeting and talking to agents at writer's conferences, I think I'm going this way for now.

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Bridget
12/26/2011 09:14

Thanks, JL. One of the exciting things to me about the new publishing landscape is the variety of choices available to writers. Publishing your own work is no longer the kiss of death, but can be an entry into an exciting new writing career, whether you decide to continue to publish yourself or accept a traditional contract on your own terms.

The other thing I'm really happy about is writers who think, who question, and who feel free to walk away from a bad deal. Given the recent author-unfriendly changes in agency and publisher contracts, bad deals are worse than ever.

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03/02/2013 11:08

Very *very* informative, if disillusioning. But then, I don't read any nonfiction to hear things I like. *sigh* This adds depth to your earlier arguments, and I believe I understand more of what you were trying to say when you cautioned me about traditional publishing.

I have to say that having interacted with you these last few days had made me seriously reconsider my resolve to submit traditionally. At least initially...because I really don't want to give up electronic licenses to a large publisher who'll do something asinine like putting a $7 price on my very first ebook (which seems to happen routinely)--something that pisses off readers to no end. It's a dilemma, because in addition to the tales of SPA being wooed by publishers I've also read that an author who sells over 3,000 copies of an ebook is considered by some publishers to have 'saturated' her market. Argh. Squared.

The thing which most resonated with me, though was your experience in having written an 'off-genre' novel. As you know, I've done that very thing, and my doubts about my reception from both publishers (permanently) and readers (initially) hinge on genre more than any other thing. In any case, I'll certainly be taking you up on your generous offer to email...after I read your other post.

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Bridget
03/02/2013 12:25

I don't know what publisher would consider 3000 copies to have saturated a market--not a very smart one, would be my guess.

Books that fall into cracks between genres are a problem for publishers, particularly big publishers. Small independent pubs are often quite happy to see them, all other things being equal. They are no problem at all to readers, who want a good story well written. Or that's what I think, anyhow. :)

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