Josh Getzler
This afternoon, I received an email from a potential client who has never before had a literary agent. The author had reasonable questions about certain aspects of the relationship between agent and client, including a version of the often-asked “Why do you get the checks from the publisher and pay me, rather than vice-versa." I started to answer this and a number of other questions, and found myself writing what amounted to a primer on what an agent’s job is.
Ultimately, what is below is not comprehensive, but it gives a sense. And if you are a writer and reading this, and are wondering, this is all industry standard. It’s not all mandated by AAR (although some aspects—like not charging for services rendered before the author earns income—are), but I don’t know too many agents who don’t hew pretty closely to this formula.
In terms of the accounting aspects, by the way, it is absolutely standard operating procedure for literary agents to receive the checks from the publishers, analyze the royalty statements, and then send the payment to the author. The author may examine (and question) every number. I do not get paid until the author does. I do everything on spec until there is a deal, and then my percentage is prescribed by the Association of Author Representatives, of which I am a member—it’s 15% of what the author gets, with a couple of exceptions (I split 20% with foreign co-agents and 15% with film agents). So there is no invoice from agent to author, and my terms are 100% industry standard.
Ultimately, my role is the following, if I am your agent. (Note: This is for nonfiction. We skip the proposal step for novels, though typically there are a few more backs-and-forths in the editorial process before the book goes out on submission.)
1) I will read your current material.
2) I will edit it as necessary, show you the format I typically use for a project like yours, and fit your material into that kind of proposal.
3) I will create a list of publishers appropriate to your book, based both on my own experience with books like yours and on where comparable projects have gone. I will go over that list with you in as much detail (or lack of detail) as necessary.
4) I will approach the editors we will have discussed, and pitch the book to them, whether on the phone or via email, or, if they wish, by going with you to meet with them in person (particularly if you are local).
5) I will send these editors your proposal, and manage the responses. When we receive rejections I will either send them to you or just let you know that we received them, depending on how you would like to hear about them.
6) When we receive interest from publishers, I will manage the closing, ie I will work with the publishers and you to determine which is the best deal FOR YOU, and communicate thus with the publishers.
7) When we have made a deal, I will negotiate contract terms, read and reread the contract, get the best deal I can, and send it to you; then answer the questions you have on deal terms so you understand it and sign it with complete cognizance of the terms and language.
8) When you are actually writing the book, I will be as active or inactive as you wish in assisting with editorial suggestions and reading drafts or chapters. I will manage your relationship with your publisher so you and your editor can concentrate on the book itself. When you have issues with the publisher, I will work with the folks there to be certain that your relationship is as smooth and pleasant as possible.
9) When it gets closer to publication, I work with the publisher be sure that we get the best marketing and publicity that we can, based on their budget and will.
10) I will, when appropriate and we have retained the rights, attempt to sell foreign or film or audio rights, and negotiate those contracts.
11) When payments are due, whether for an advance or royalties, I will make sure you are getting paid on time and the right amount. I deposit the checks into the HSG account, then deduct my commission and send the net to you, with a detailed Statement explaining the deduction.
12) When your next project gets underway, we do it again!
So this is the direct work that an author sees. It doesn’t include the relationship building an agent does so that he or she knows the correct editors to approach for a particular project, or the reading or research necessary to stay current, etc etc. It’s a fascinating job, and it really requires a whole mess of different aspects on which to concentrate. And there are parts I love (working with text, finding new authors, actually submitting books) and parts I love less (lots of the important administrative stuff, juggling different obligations when time is limited). But I had a feeling six and a half years ago that I was going to love this job, and it has rarely disappointed.
I’ll be happy to answer any questions about these pieces of the puzzle (though of course only as they relate to my experience—opinions are my own).
I have no complaints. Feel free to use me as a reference LOL.
Posted by: Toni Lotempio | July 17, 2013 at 06:16 AM
Thanks, Josh. You said, "When we receive rejections I will either send them to you or just let you know that we received them, depending on how you would like to hear about them."
My agent sent me a list of publishers who asked to read my thriller manuscript back in January. There were four or five. Now, seven months later, I'm figuring all four must have rejected my manuscript, but when I asked for a report, my agent emailed me to relax, work on the next one. Honestly, having been through all this before, I don't feel like working on #2 in the series unless I sell #1. Maybe I wasn't firm enough about asking. What should I do? Rejections can teach me a lot.
Posted by: Jack | July 17, 2013 at 09:53 AM
Jack, I'd ask again for the list. But I will say that this sometimes takes a long time, and it's not bad advice to try to work on a new project rather than dwelling on non-news. Which you--and all of us--will do anyway!
Posted by: Josh Getzler | July 17, 2013 at 04:36 PM
You said, "I’ll be happy to answer any questions..."
Next time I'll sign in as Chopped Liver.
Posted by: Jack | July 17, 2013 at 09:50 PM
Oops. Thanks, Josh. I didn't see your reply until I added my snide remark. And now I can't find a way to delete it. I feel like a bigger jerk than I really am. Ask, Jeff, I'm not a bad guy. :)
I'd like to see any rejections, although maybe the lady is saving my ego from further bruising. I appreciate your taking the time to answer. Thanks.
Posted by: Jack | July 17, 2013 at 09:55 PM