Tuesday, October 14, 2008
How to Find Out Who Agented a Book
Q: When an agent isn't listed in the author's book acknowledgements, is there a way to search backwards to find that agent from the author, journalistic facilitator or publisher? Thanks for your expertise. —Alice Lazzarini

A: Finding out who was the agent of a particular book can certainly be tricky, especially if the person isn't mentioned in the acknowledgements—which is the publishing equivalent of not thanking your wife during your Oscar acceptance speech. And here you can't blame it on the orchestra playing you off.

There are several other ways to find out who represented a particular book or author, though. The simplest way is by typing the book's title (or the author's name) and "agent" into a search engine, like Google or Yahoo. Click through the top few links and see what you find. Often it can be as simple as going to the author's website and digging around.

If you don't have any luck finding the agent's name on the author's website, you generally can find contact information (most likely an e-mail address) for the author or the author's publicist. Feel free to shoot the author (or the publicist) an e-mail. I wouldn't sit around longer than a few days waiting for a response, but you might get lucky.

When all else fails, you can call the publisher, says Guide to Literary Agents Editor Chuck Sambuchino. "If you see that Knopf published The Neptune Paradox (the book whose agent you want), call Knopf's main line and speak to the operator. Explain your goal and request to speak with the editor who worked on the book. The operator will say, 'Oh, that's Judy Smith. I'll transfer you.' You won't talk to Judy, but rather her assistant. No matter. Ask the assistant if Judy did indeed edit The Neptune Paradox. When the assistant confirms Judy's involvement, kindly request to know who the book's acting literary agent was. She'll be happy to tell you."

When you finally publish your book, be sure to mention your agent in your acknowledgements. Not only will your agent thank you, other writers will too.

Brian A. Klems is the online managing editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.


Business | Publishing | Agents
10/14/2008 10:11:55 AM (Eastern Daylight Time, UTC-04:00)  #  Comments [2] 
 Tuesday, June 24, 2008
What Are First Serial Rights (or FNASR)?
Q: When working out a contract with a magazine, what are first serial rights?—Anonymous

A: When you sell first serial rights to a newspaper, magazine or periodical for a piece of work you’ve written, that media outlet has the right to be the first place to publish the article/story/ poem. After the piece runs, you’re free to resell it to another medium or to package a collection of your work into a book.

Rights can be sold geographic-ally, as well. It’s not uncommon to see article submissions with “offering first North American serial rights (FNASR)” written in the top, right corner of the first page. This limits the buyer’s rights and gives you the opportunity to sell the article in other locations outside the U.S. and Canada—such as England, Russia or Madagascar.

Reprints of your work that previously appeared in another publication are considered second serial rights. These rights are nonexclusive, meaning the author can sell the piece to many publications at the same time.

In the online world, you can sell the electronic rights to your piece. These rights aren’t as clear.
While they cover most of the same rules as first serial rights, the ever-evolving technology can cause some discrepancies between yourself and the publisher—like whether it can archive your work, place it in a database and let young punks download it to their PCs. This process is the least defined, and you may want to specify each right you license to the buyer.

Other rights to consider are simultaneous rights (giving you the ability to sell work to publications that don’t have overlapping circulations) and all rights (which means you sell all the rights to your work to the buyer, and you never get another dime for the piece, no matter how many times they publish it).

And remember, it never hurts to have someone familiar with freelancer contracts glance over your contract before you sign.

Brian A. Klems is the online managing editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.



Business | Copyrights | Dealing with Editors | Legal Questions
6/24/2008 3:20:28 PM (Eastern Daylight Time, UTC-04:00)  #  Comments [1] 
 Tuesday, June 10, 2008
What Should I Charge to Ghostwrite a Book?
Q: A friend approached me about writing her memoir. I don't know how to charge for it, especially since I have no idea how much material I'll have to work with and, therefore, how long it might be. Also, I know I want to share credit, on the one in a million chance that the client gets it published and the book becomes a bestseller. What should I charge? Should I assure a minimum number of pages?  What guidelines do you suggest? —Tamara Kort

A: According to guidelines set forth in the 2008 Writer's Market, ghostwriters charge anywhere from $50-100 per hour for "as told to" projects and $30-115 per hour for no credit pieces. “As-told-to” ghostwriting often nets you less money per hour because you get other benefits—such as a byline, an advance and a split of the royalties (up to 50 percent). But if you're willing to skip the byline and future earnings, you can act as a work-for-hire ghostwriter and charge more on the front end.

"Whatever is negotiated needs to be done, agreed upon, on paper and signed before work commences (or continues--if already started)," says Robert Brewer, editor of Writer's Market. "Included should be an estimate on the amount of time or pages expected; how many re-writes/revisions are expected; what constitutes a finished product; how and when payment will be made; and conditions under which the price might escalate."

If charging by the hour makes you (or your counterpart) nervous (Hey, I know I said to write about my first time at Yankee Stadium, but I'm not paying for the three hours you spent catching a game in the bleachers no matter how much 'ambiance' it added to the writing)—you can simplify it by charging per page. When translating hourly rates to pages, it comes out to $4-$25. I know that seems like a large range, but, like with any contracting job, the more experience and success you have, the more you can justify charging a higher price.

Realistically, the best bet for your first time ghostwriting is probably to negotiate a specific page count and price per page, so both you and your counterpart know the total amount that will exchange hands when the book is finished. (Negotiate royalties separately). As you become more comfortable with the process,  you can adjust accordingly.

Brian A. Klems is the online managing editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.


Business | Ghostwriting
6/10/2008 3:54:01 PM (Eastern Daylight Time, UTC-04:00)  #  Comments [1] 
 Tuesday, April 22, 2008
What is a Literary Executor?
Q: I was recently approached by one of my relatives (my father's cousin), who asked if I would be her literary executor. I don't really know what this means and thought you might be able to shed some light on the subject. Do you know what this might entail?—Anonymous

A: Often people choose executors of their will to carry out their wishes and oversee the handling/distribution of their estate. A "literary executor," as defined by Merriam-Webster.com, is a person entrusted with the management of the papers and unpublished works of a deceased author. In other words, a literary executor specifically handles all your literary property, including overseeing your copyrights, contracts with publishers, outstanding royalties, etc.

While you can designate anyone to be your literary executor—your child, your neighbor, your old English sheepdog whom you affectionately call "Tots"—it's best to assign it to someone who knows a thing or two about publishing and copyrights. After all, this person will be in charge of all your published and unpublished writings. You want to be certain that your work is handled with care, so the money generated goes to your heirs and favorite charities instead of being "donated" to the bottom line of the publishing houses (unless, of course, you want the publishers to have all your money).

So where do you find someone with the wherewithal to handle your posthumous publishing affairs? If you have an agent, start with him. If he's 20 years your senior, a heavy smoker and likely to pass on long before you, his agency should be able to handle it. Just ask them how to go about setting it up. If you don't have an agent, turn to a friend who has publishing experience. The more knowledgeable the person is with rights, the better off your literary estate will be. And if both of those options are dead ends, select the family member you trust the most to contact/contract the proper professionals (e.g. lawyers, agents, editors, etc.) as needed.

For a more in-depth breakdown on the subject, you can read Copylaw.com's "Final Drafts: Selecting a Literary Executor" by Lloyd Jassin and Ronald Finkelstein. It's filled with great tips and advice to make sure that the value of your writings stay intact after you type that last word and head to the big writer's lounge in the sky.

Brian A. Klems is the online managing editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.


Business | Legal Questions | Publishing
4/22/2008 2:07:02 PM (Eastern Daylight Time, UTC-04:00)  #  Comments [1] 
 Tuesday, February 19, 2008
Dealing with Late (or Missing) Payments
Q: If a writer has jumped through all the hoops (finished the assignment, submitted a proper invoice, etc.) and is not being paid, what steps should he take before resorting to having a lawyer write a letter or taking their case to small claims court, etc. —Anonymous

A: Always contact the editor first (second and third) and try to work through the issue. Editors typically aren't out to stiff you. Many of them have been on the freelance side of things, too, so they know how important it is to get you your money. Sometimes it's as simple as the editor nudging the accounting department.

Also, don't forget to carefully read your contract. Accounting departments differ with each publisher—some pay 30 days from the day the invoice is submitted, some pay 60 days from the publication date of your piece. Be sure that the proper time period (plus an additional two weeks) has passed before raising the red flag. And remain calm, cool and collected when you send your "checking in" e-mail.

If e-mails or phone calls go unreturned, or the editor can't offer a resolution or an acceptable explanation as to why it's taking so long, then it's time to contact a lawyer—and the Better Business Bureau. Keep in mind, once you do that you've burned that bridge with that editor/publisher once and for all, and you may not want to do that. But if they weren't paying you to begin with, what did you really lose?

Brian A. Klems is the online managing editor of
Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.


Business | Dealing with Editors
2/19/2008 11:15:45 AM (Eastern Standard Time, UTC-05:00)  #  Comments [3] 
 Tuesday, February 12, 2008
Is Wikipedia an Accurate Source? (And Can Editors Alter Sourced Material?)
Q: I'm a magazine feature writer and one of my editors changed a statistic in my story that I had attributed to Wikipedia. She maintains Wikipedia is an inaccurate source.  However, if I attribute my facts properly, does she have a right to alter my statistic?— Lynn M.

A: If editors feel uncomfortable with an article's contents, they most certainly can (and should) make changes and alterations. They're supposed to vet and fact-check the information. It's part of the job.

It's important to remember that attribution isn't meant as a safety net for reporting false facts. The point of attributing information to a source is two-fold: 1) to give credit where credit is due and 2) to give validity to the information, showing it's coming from reputable person (or organization). If your source isn't reputable, your article isn't.

This brings me to Wikipedia. As journalists, we love the site because it offers an excellent starting point to our research (underline, bold, highlight and draw squiggles around the words "starting point"). With a few clicks, you can find leads on nearly anything, along with links to better articles on each subject. But you can't trust Wikipedia. It can be updated and edited by anyone; that's right, anyone—you, me, that neighbor down the street who everyone describes as "sketchy." There's no real due diligence involved to guarantee accuracy and, as a journalist, you can't accept inaccuracy.

Again, that doesn't mean that the site isn't useful. Hell, I probably check it several times a day (one can never know enough about the Back to the Future trilogy). Just use it as a starting point to find more reliable sources. Your editors (and audience) will thank you for it.

Brian A. Klems is the online managing editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.


Business | Dealing with Editors | Ethics | Research
2/12/2008 1:06:38 PM (Eastern Standard Time, UTC-05:00)  #  Comments [4] 
 Tuesday, January 29, 2008
What's the Average Cost to Have a Lawyer Look Over Your Book Contract?
Q:  I'm in the middle of the submission process to agents. Obviously I'm hoping at least one will want to represent me, but I'm also deathly afraid of making the wrong commitment with the wrong agent (in other words, signing a bad contract). Having a lawyer look over a contract is good advice, but I also fear that kind of expense. Do you know what the average cost would be to have a lawyer look over a contract and what kind of lawyer would you go to? —Anonymous

A: According to WD's legal expert, Amy Cook, if you do decide to hire a lawyer for an agent or publishing contract, be sure that person has experience with publishing law, or, at the very least, intellectual property law. A lawyer who practices in other fields may offer some basic feedback on your contract, but he won't know the ins and outs and is unlikely to understand details that are important to your financial future. Think of it this way: You wouldn't seek the advice of a poet on how to improve and sell your screenplay, right?

"Publishing contracts are very industry specific, so find someone who knows how to properly handle them," Cook says. "You can find a lawyer who fits this bill through your local bar association. Another really great choice for writers are organizations."

Several writers' organizations that offer lawyers who specialize in publishing law are Chicago's Lawyers for the Creative Arts (www.law-arts.org), California Lawyers for the Arts (www.calawyersforthearts.org) and New York's Volunteer Lawyers for the Arts (www.vlany.org), among others. Any one of these groups can provide help or, at the very least, act as a starting point for you.

As far as costs are concerned, hiring a lawyer to review a contract can be pricey, ranging from $300-1000 depending on the lawyer's hourly rate and the contract's complexity. It can be even pricier if you want them to actually negotiate to contract for you, falling somewhere between $500-3000. But if you contact any of the above organizations you may qualify for reduced cost (or even free) legal help.

Ultimately the decision to get a lawyer's advice is up to you. It's always a good idea to have an expert review any binding legal document, but, like all other forms of security, it comes with a price. You just have to decide if it's worth it for your book.

Brian A. Klems is the online managing editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.


Business | Legal Questions
1/29/2008 3:11:12 PM (Eastern Standard Time, UTC-05:00)  #  Comments [4] 
 Tuesday, January 15, 2008
What is a Blog?
Q: While I've read several sites referred to as "blogs," I'm not really sure what a blog is. What is a blog? —Christopher B.

A: From writers at award-winning newspapers, to magazine editors to your neighbor's teenage son, almost everyone seems to have a blog these days. But ask three people what a blog is, and they'll all give a different answer because blogs have taken on many different shapes and sizes.

According to MerriamWebster.com, a blog (short for "Web log") is "a website that contains an online personal journal with reflections, comments and often hyperlinks provided by the writer." In other words, blogs are easy-to-update sites where the writer is in complete control and posts all of the content.

Blogs are updated frequently, from once a week to several times a day. Entries are typically short (ranging from 50 to 1,000 words) and posted in reverse chronological order. Topics range from politics to sports to dog lovers, but the most successful blogs have very specific, focused niches. For example, Whitney Matheson's Pop Candy blog on the USA Today website focuses on links to pop culture stories she finds on the Web. Cincinnati Enquirer sports reporter John Fay blogs daily on Cincinnati Reds baseball news. And besides this Questions & Quandaries blog, I also have a blog dedicated to the trials and tribulations of being a new father.

Blogging is a very cheap and efficient way to offer your writing up to the masses—even if your masses consist solely of your mother, grandmother and your grandmother's bunko friend. As a writer, it's not only a good way to practice your craft but also a way promote yourself and your work without having to know technical code like HTML, JAVA or any other acronym-sounding computer language.

(Note: For excellent advice on creating a successful blog, check out Maria Schneider's 20 Tips for Good Blogging.)

Brian A. Klems is the online managing editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.


Blogging | Business | Marketing
1/15/2008 3:21:21 PM (Eastern Standard Time, UTC-05:00)  #  Comments [8] 
 Tuesday, January 08, 2008
Landing Interviews Before Receiving an Assignment
Q: When I cold-call someone to interview them, I feel like a fraud because I think they must be wondering what my real reason for calling is. I have a suspicion this is clear in my voice. Basically, I just seize up and try to rush them off the phone, which isn't doing my writing any good. How does a writer in this position—not having a clear assignment or impressive credentials—best approach this? —Liz A.

A: I've been in the same position several times and have found that cold calling for an interview isn't too different from picking up a stranger at a bar: To find success you must be prepared, open with your best line and hope your voice doesn't crack. Obviously it's much easier to land an interview when you have a contracted article—after all, offering exposure in "XYZ magazine" is a good selling point. But a query letter tenders no guarantee of publication, so you have little leverage.

"Because there's no guarantee, definitely keep the conversation short," advises Guide to Literary Agents editor Chuck Sambuchino, who's interviewed hundreds of sources. "Even tell the professional that you want to keep things nice and short to save their time."

In order to keep it brief, have your key questions ready to go. Be sure to get the must-haves—full name, official title, etc., and then go for the biggest questions.

It's also important to carefully word your questions. With limited time, you don't want to waste any of it on a question that doesn't help your cause. Prepare each question to lead your interviewee toward your desired response. 

"Guide them into saying what you want them to say by being specific, for example, 'I'm just calling because I want to talk to a professional who can tell me if the infant mortality rate is increasing or decreasing in the country, and point to the reasons why, especially the reasons people may not think about immediately.'" Sambuchino says. "Notice I'm not pushing the source toward a "yes" or "no" answer, but merely showing them how I want the question answered. Ideally, the next 60 seconds of them speaking should be filled with key information and solid quotes."

Also, be honest with the potential interviewee. Explain that you're putting together a proposal for "XYZ Magazine" and need to talk to an expert before you submit it. Mention that if you land the assignment, you'd like to call back and have a more in-depth interview. This way they'll give you some time now in the hopes that it helps you get the assignment, which will, in turn, help their chances of getting their name into print.

Keep in mind that even if you do everything right, you may still get rejected—and that's OK. Just like with the stranger at the bar, one rejection shouldn't deter you. There's almost always multiple sources for any topic; you just have to find them. If you're prepared and professional, you have the best chance to succeed.

Brian A. Klems is the online managing editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.


Business | Interviewing
1/8/2008 8:33:45 AM (Eastern Standard Time, UTC-05:00)  #  Comments [2] 
 Tuesday, December 11, 2007
Should I Get a Lawyer Before Signing with an Agent?

Q: Once an agent wants to take me on as a client and sends me a contract, do I need to have the contract looked at by a contract lawyer before I sign?—Allen Reiling

A: Yes, it would probably be wise to have a lawyer who knows a thing or two about publishing look over the contract. Most contracts vary from agent to agent, and it’s important to know exactly what agreements you make by signing.

If you don’t read the fine print or understand the legal language, months down the road you could find out that you not only gave up the right to profits from international sales but also the naming rights to your firstborn child. Contracts can be tough to follow sometimes, but without an understanding, you could essentially sign away anything.

Another thing you may consider before signing a contract is asking for a reference list of the agent’s other clients. Call and ask the clients about their experiences with the agent. If the agent refuses to give you such names, maybe that’s because he knows his clients will say things like, “He’s a bad manager” or “She mishandled my contract” or “I found him sleeping under his desk during working hours.” And that should be taken into serious consideration.

Brian A. Klems is the online managing editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.


Business | Legal Questions | Publishing
12/11/2007 1:41:24 PM (Eastern Standard Time, UTC-05:00)  #  Comments [3] 
 Tuesday, November 27, 2007
Staples or Paper Clips?
Q. When I’m submitting a manuscript to a publisher, should I paper clip or staple the pages? Are the rules the same when submitting to a contest?—D. Fuson

A. In general, publishers want manuscripts paper-clipped, not stapled. It’s more difficult to read through 300 pages harnessed together by staples than it is to take off a paperclip and browse through a manuscript. But be sure to check the publisher’s guidelines, because some may have different preferences. And it’s most important to follow the rules of the potential buyer. If they want it stapled, then staple it. If they want it in a Manila folder with a picture of Zac Efron taped to the front, steal your daughter’s Seventeen magazine and give them what they want.

Similarly, different contests have different rules, so consult the contest guidelines before submitting your work. But when in doubt, go with the paper clips.

Brian A. Klems is the online managing editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.


Business | Contests | Formatting
11/27/2007 10:20:16 AM (Eastern Standard Time, UTC-05:00)  #  Comments [2] 
 Tuesday, October 16, 2007
What is a Kill Fee?
Q: I got a contract for a magazine story that I’m writing, and it makes reference to a "kill fee." What is a kill fee and why would a publisher and/or writer use one?—Frank

A: A kill fee what you get if your editor decides not to buy your story after all. For example, say you were contracted to write “Don’t Squash ‘em,” a story about spiders for the National Bug Lovers Magazine. The editor agreed to pay you $1,000 for the piece. You send in the completed work, and the editor reads it over but feels your depiction of the little critters is too far off base for the message of the magazine. He also determines that a revise or edit won’t fix the problems with the piece. You, on the other hand, have done a lot of the work and feel you deserve to get your check. This is where the kill fee comes into play.

Most contracts will state a percentage the editor will pay you if the story doesn’t run (Writer’s Digest pays 25% of the original agreed-upon amount). Once your story is officially killed, all rights to your piece revert back to you and you can try to sell it somewhere else. Maybe Insect Today will love your story.

There are any number of reasons why an article will get killed—it doesn’t fit the editorial focus of the magazine, something changes in the world and it negates the timeliness of the article, etc. Don’t take it personally. But go back and look at the original agreement and any comments the editor has supplied, and see what you can learn from the experience.

Brian A. Klems is the online managing editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.


Business | Legal Questions | Publishing
10/16/2007 1:47:10 PM (Eastern Daylight Time, UTC-04:00)  #  Comments [0] 
 Tuesday, October 09, 2007
Novel and Short Story Word Counts
Q. How long is the typical short story supposed to be? How about novellas and novels? Are there guidelines with regard to word count for a first-time novelist? —Molly Heyl

A. There are general guidelines for each literary category: Short stories range anywhere from 1,500 to 30,000 words; Novellas run from 30,000 to 50,000; Novels range from 55,000 to 300,000 words, but I wouldn’t recommend aiming for the high end, as books the length of War & Peace aren’t exactly the easiest to sell. 

Agent Lori Perkins of the L. Perkins Agency in New York says it’s much easier to market a first-time novelist’s book if the word count falls between 80,000 and 100,000 words, or roughly 300 double-spaced, typed pages—the average novel length.

“One-third of the novels that come into the agency are rejected because they’re too long or short,” Perkins says. “The cost greatly increases on books larger than 100,000 words, so agents and publishers are less likely to gamble on a manuscript the size of a dictionary.”

When you’re writing, though, don’t impose word limits on yourself. Let the story flow without interruption. Wait until you finish the first draft to go back and tighten it to a reasonable length. Save every scene you cut, though. It may lead you to another story.

Brian A. Klems is the online managing editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.


Business | Marketing | Publishing
10/9/2007 12:48:36 PM (Eastern Daylight Time, UTC-04:00)  #  Comments [2] 
 Tuesday, September 25, 2007
Do I Have to Live Close to an Agent to Get One?
Q: I live in a small town where there are no agents. Do I have to have an agent in my town or can I get an agent from another town or even another state? Do I really have to meet them in person or can it be strictly a phone and e-mail relationship?—Claira Ketter

A: There’s no rule that says you need to live in the same town, city or even country as your agent. In fact, many authors live several states away from their agents. With technology so advanced (computers and e-mail, fax machines, cell phones that can do everything except wash your car), it’s easy to communicate with an agent from anywhere.

Now, while it’s not necessary, I do think it’s important that before signing with an agent, you should meet her in person if possible. After all, this is the person who’s going to be advising you, representing your work and (hopefully) selling it to a publisher. You need someone who feels as strongly about the success of your book as you do—someone who’s willing to fight for it.

The writer/agent relationship is kind of like a marriage. I’d sure want to meet the person I’m marrying. 

Brian A. Klems is the online managing editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.


Business | Publishing
9/25/2007 1:02:19 PM (Eastern Daylight Time, UTC-04:00)  #  Comments [3] 
 Tuesday, September 11, 2007
How Do I Get Paid on Time?
Q: What steps can writers take to ensure timely payment? —Anonymous

A: This kind of thing happens all the time: writer does job, submits invoice, waits for check, check never shows up, writer buys carton of eggs, Googles editor's home address and, well, you can guess what happens next.

There are several things that can slow down or even stop your payment from ever being processed. Sometimes it can be a slip-up on the editor's side. Other times the writer misses a step in the process or has misinformed expectations of when the payment will be delivered. So to make sure you receive your payment in a timely fashion, it's important that you understand the contract and keep things clean on your end.

First, be sure that you submit a correct and thoroughly filled out invoice—including name, date, mailing information, social security number/business tax ID, title of project/article and the amount charged. When sending the invoice (typically via e-mail), copy yourself (put your e-mail address in the CC spot). This way you have a record of when it was sent and whom it was sent to.

Also, it's important for you to remember that editors don't fully control the purse strings for publishing companies, and accounting cuts all the checks. All accounting departments work a little differently—some pay 30 days from the day the invoice is submitted, some pay 60 days from the publication date of your piece. Before contacting anyone, examine your contract so you are clear on when you should get paid. Once you've established that date, add two weeks before contacting the editor to look for the payment. (The two-week buffer is in case the editor took a couple days to pass it along to accounting and for mailing-time.)

If you follow all these steps, you'll save yourself time, energy and headaches down the road. Plus you'll save that poor carton of eggs.

Brian A. Klems is the online managing editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.


Publishing | Business
9/11/2007 2:09:56 PM (Eastern Daylight Time, UTC-04:00)  #  Comments [2] 
 Friday, May 04, 2007
No Agent? No Problem
Q: I would like to know what an author is to do if a publisher were to offer up a contract to him or her when there is no agent involved?— C. L. Freire

A: Negotiating a book contract is a lot like buying a car—there's some give and take, not everyone will get the same deal and sometimes you have to pass on the sunroof to get the deal done. It's helpful to have an agent, of course, but not everyone has that luxury. So how can you, a first-time author, make sure that you're getting a fair deal?

When a publisher wants your book, she'll make an offer. Most companies have a standard contract, or boilerplate that they use. Nearly all of these standard contracts have language that favors the publisher, so it's up to you to haggle out a better deal. Assume that everything is negotiable, though keep in mind that what's flexible in one publisher's contract may not be so flexible somewhere else. Topics most often open for negotiation are:

-  royalty v. flat fee
-  anticipated royalty %
-  anticipated advance
-  expenses to be built in
-  second use rights (including electronic)
-  free copies of book
-  cost to author to buy copies

If there are certain areas that are nonnegotiable, the publisher will tell the author that. Accept it and move on. Also, if you have questions about anything, ask. Contracts are complicated and often need explaining.

Before navigating the minefield of book negotiation, it's essential that you read up on publishing contracts. The Author's Guild offers several tips on how to negotiate a fair contract (http://www.authorsguild.org/?p=101). If you're a member of the National Writers Union, you can hop onto their site (http://www.nwu.org) and get extra advice. Plus, there are several good books on the topic—read as many as you can.

Should you involve a lawyer? I asked Writer's Digest Books acquisitions editor Jane Friedman and she says it's OK to ask a lawyer for advice, but often they can be a real headache if they're not familiar with publishing law. "They may ask for terms or stipulations that are unreasonable," Friedman says.

As long as you've done some homework, you'll be in good shape when hammering out your book deal. The more times you go through the process, the better you'll get. And one day, if you're lucky, you'll be able to get that sunroof.

Brian A. Klems is the associate editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Friday as I try to give you more insight into the writing life.    


Business | Marketing | Publishing
5/4/2007 2:27:27 PM (Eastern Daylight Time, UTC-04:00)  #  Comments [5]