1. Estragon64

    Estragon64 Member

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    Agent exclusivity?

    Discussion in 'Agent Discussion' started by Estragon64, Jan 12, 2023.

    I have a question regarding the actual process of working with agents.

    As we know, many publishers won't look at your work if an agent doesn't submit it. However, other publishers (such as small presses) often will.

    So - if an agent takes me on, am I not allowed to submit my work by myself to outlets that don't require agents? Does the agent have the right to manage ALL submissions, small presses as well as big ones?

    In other words: is a two-tiered system permissible, where the agent submits to the big presses, and I submit to the small ones? Or is this generally not allowed?
     
  2. Bruce Johnson

    Bruce Johnson Contributor Contributor Contest Winner 2023

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    I don't know, but as someone that has never submitted anything it seems a little inappropriate to submit to small presses while the agent is working to get it sold to a bigger press unless everyone is on the same page (no pun intended).

    If the small press accepts it, what next?
     
  3. Catriona Grace

    Catriona Grace Mind the thorns Contributor Contest Winner 2022

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    If I hire a general contractor to build a house, I'm not going to seek out Jed's Muds and Suds to do the drywalling while the general contractor is contacting established dependable tradespeople on my behalf.
     
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  4. Bruce Johnson

    Bruce Johnson Contributor Contributor Contest Winner 2023

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    Also, I forgot one thing. Are you referring to a specific work or just any work? If an agent is trying to sell a specific novel, then I wouldn't try and sell it on the side. But if you have something else like a short story you aren't as enthusiastic about, that might be different to try and sell it at the same time to a small press if the agent isn't repping that specific work, especially if it is under a different pen name. I don't know the answer, just throwing that out for others.
     
  5. Steerpike

    Steerpike Felis amatus Contributor

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    Depends on the contract, but it's common to see exclusivity provisions and to have the agreement cover all of an author's unpublished works (or at least those of a specific length; i.e. novels/novellas but not short stories), not just a single work (except for some that may be specifically excluded if both sides agree). The agreement will generally provide for a commission to the agent to any sale of any works covered under the agreement. An agent is not likely to want to put time into representing a work if they're not getting these terms.
     
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  6. Estragon64

    Estragon64 Member

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    Bruce: "Are you referring to a specific work or just any work?"

    Right now, a specific work (novel). I suppose however it would depend on whatever contract I eventually sign, if I do sign one.

    I still find the whole process of working with agents rather mysterious.
     
  7. Estragon64

    Estragon64 Member

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    Oh, and a related question:

    Is it OK to query agents and publishers at the same time? Specifically, when you're just starting to submit the MS.
     
  8. Set2Stun

    Set2Stun Rejection Collector Contributor Contest Winner 2022 Contest Winner 2023

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    Basically how this works is:
    • you submit to the slush piles of smaller publishing houses
    • you submit to agents, who act as slush piles to the larger publishing houses
    From what I've researched over the past couple of years, I gather that the agent route is the better way to go. Having a publishing insider with connections who knows those folks who might be interested in your work is worth the commission. Getting that foot in the door is key to future success. And if you happen to garner interest with a publisher on your own? Best first step is to get an agent to pop in and negotiate for you. Because they know the business.

    You certainly can go ahead and submit to publishers at the same time as you are querying agents. Some agents/publishers want the submission to be exclusive, but we all know the reality of this game. It's like asking if it's okay to buy a scratch-off and lottery ticket at the same time. I can't imagine what the odds are like for someone to submit to a publisher, gain their interest, and then have an agent submit that same work to that same publisher. Go for it, bud. I'm in the camp of not overthinking submissions and queries. Cast a wide net and hope that you get a nibble somewhere.
     
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  9. deadrats

    deadrats Contributor Contributor

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    Why would you want to submit novel to small presses at the same time your agent is trying for the big guys? Seriously, that just doesn't make much sense.
     
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  10. w. bogart

    w. bogart Contributor Contributor Blogerator

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    The answer to your question will be in the contract. Read it carefully, and if you don't understand it, pay for a lawyer to review it before signing.
     
  11. Estragon64

    Estragon64 Member

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    My thinking is that if the agent is unable to sell to the big guys, and unwilling to submit to the small ones, I would still have the option of being published by a small one. Mind you, I haven't tried this and I don't know if anyone does it.
     
  12. Bruce Johnson

    Bruce Johnson Contributor Contributor Contest Winner 2023

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    My understanding is that the contract/representation agreement is for a certain period of time. If that expires and you part ways then you can submit to the smaller places that don't require an agent.

    That's my understanding anyway. My thinking is to aim high with the view that the piece doesn't have a time limit. If it's good eventually you'll find some place for it.

    You didn't answer the question, what do you do if it's accepted by a smaller press why the agent is shopping it with the bigger ones? Your choices aren't good there because you either need to break your contract with the agent, which still may require you paying a percentage to them anyway and is going to make them mad if they were close to making a bigger deal which would have meant more money for them (and maybe you too). Or you have to withdraw from the smaller press and give them a bogus reason for doing so, either you tell them it was accepted somewhere else or make up a reason you 'arent ready to see it published'. It just seems like a good way to burn bridges you haven't even crossed yet.
     
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  13. Estragon64

    Estragon64 Member

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    Good question. I have no idea. I suppose the smart thing would be to be upfront with the agent from the beginning, especially if I think the book itself would be better suited for a small press than a large one. On the other hand, I assume agents would also submit to appropriate small presses, even if those presses don't require agents, right?
     
  14. deadrats

    deadrats Contributor Contributor

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    I would let the agent do their job. That's the whole point of having an agent.
     
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  15. w. bogart

    w. bogart Contributor Contributor Blogerator

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    Deadrats is correct, you are paying the agent to represent you to their contacts in the industry. And before you say you aren't paying the agent, they are working on a commission basis so you are paying them when the book sells. Which is their incentive to get you the best deal they possibly can.

    Shopping your book around while your agent is also doing the same is shooting yourself in the foot, as it weakens your agents bargaining position. Let your agent do their job for the contracted period.

    This almost appears to be an ego issue of becoming a published author, rather than getting the best pay you can for your work.
    Again pay close attention to the terms of any contract, and follow those terms. The last thing you want is to sell the book to a small house, which likely won't pay that much, and the find the agent is suing for breach of contract.
     
  16. w. bogart

    w. bogart Contributor Contributor Blogerator

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    So you are saying you know the industry better than someone who has been in it for years, and has professional contacts?
     
  17. Steerpike

    Steerpike Felis amatus Contributor

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    Yes. And the contract with the agent isn’t likely to allow you to shop the work around on your own. Or, if it sells anywhere during the contract term, the agent gets the commission.
     
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