Literary agents and the changing world of trade publishing


who can see the digital book possibilities in every idea before you peddle it.

I had a lunch conversation this week with three successful literary agents, who will remain anonymous for this post. They wanted to talk about the panel we’re having at Digital Book World called “The Changing Author-Agent Relationship: How Will It Affect the Business Model?”

That panel was born when I engaged an agent last summer with my observations about digital change and tried to recruit her to join a panel discussion about it. “Suppose you work with an author to develop her manuscript so your creative input becomes part of the work. Then you can’t sell it, or you get only a token offer for it, and the author wants to self-publish. Shouldn’t you, or any agent in that spot, be entitled to something in that case?”

The agent, sensing quickly that I was going to a model of “author pays agent for consulting help” said, “I can’t participate in a conversation like that. We have a canon of ethics in the AAR, and that might well run afoul of it.”

As it turns out, the canon of ethics of the AAR only explicitly prohibits agents from charging “reading fees” to prospective clients. Other charges are explictly permitted, such as for xeroxing and messengers. And others, such as consulting on self-publishing options, aren’t mentioned.

But, still, the question of whether the business model needs to change remains. The kind of book advances that agents have made a living on for years are diminishing in number. And now that self-publishing is legitimately part of the commercial continuum, authors have a right to expect that their career business manager, which an agent is, will employ it, or suggest that they do, when it makes sense. And agents will have a right to expect to be paid for that.

Of course, that’s not what these three successful working agents do. Their business assets are their personal knowledge of and relationships with acquiring editors; their ability to shape a writer’s concept and proposal into a commercial book; their knowledge of the ins and outs of book contracts and publishers’ accounting procedures. Exploring and keeping up with the various print and electronic self-publishing options: starting with Author Solutions and Smashwords, but including many others including our client Bookmasters, lulu.com, and many others, is a fulltime job in itself. (There’s a string started on Brantley’s list today by Joe Esposito who noticed announcements for four new self-publishing startups in his email in the past few days.) And searching out the authors with the money to self-publish, let alone to pay for advice on how to do it effectively, is also not what the successful agent in the current marketplace does.

I had spoken at a Writer’s Digest conference two months ago and told aspiring writers “get an agent” but also, “make sure the agent knows about the self-publishing options.” These very professional and desirable agents did not. But they agreed that when ten or thirty or fifty times a year a project they’d developed goes off for self-publishing, they’ll want to have a way to monetize that. We agreed that the likely solution will be an alliance with somebody who perhaps positioned themselves more as a “consultant” to aspiring authors. There is no shortage of such people.

The conversation turned to contract terms, particularly regarding ebooks. The agents asked me: “don’t the big trade publishers see that the strategy of paying authors half or less of what many ebook publishers will pay on digital book royalties isn’t sustainable? that we’ll end up splitting those deals?” I told them that I had raised this point with Big Six CEOs and they all said, “we won’t buy print-only; never happen.” The big publishers are counting on the authors’ (and agents’) desire for the advance to keep them locked into the current model. (Richard Curtis made this same point in a recent eReads post.) It is clear that the idea of splitting off ebooks from print contracts is one that these agents have been thinking about for a while. The relative attraction of the advance goes down as the level of ebook sales on which you’re taking half or less of what you could get goes up.

We also spent a little time discussing “verticals” and my theory that power is moving from “control of IP to control of eyeballs.” In the past week, I’ve had two conversations with Hay House executives (they’re on the Digital Book World program too) about their business. To somebody with a trade orientation, it’s pretty phenomenal. They run between 30 and 100 live events a year for their community. They have over 1 million email addresses that drive the sales of all their books. One of the agents said he had an author for whom he sold a book to one of the Big Six houses and they sold twelve thousand copies. He sold the next title to Hay House and they sold two hundred thousand. How long will the Big Six houses be able to compete for big-potential books in Hay House’s sweet spot (mind-body-spirit), advances or no advances?

One of the agents at lunch does a lot with juveniles. “Do I have to worry about this ebook thing much?” that agent asked. Soon you will, I said. After lunch I was working with my frequent collaborator Ted Hill on a proposal we’re making for another conference on digital tipping points. One we were talking about is “when does the publishing house have editors shift their focus from developing a print book with an author, with the ebook as afterthought, to developing the best possible digital product, with the print book coming out of it?” That gave me an answer for that agent: you better have somebody on your team now who can see the digital book possibilities in every idea before you peddle it. Now that you’ve made me think about it, I realize that if you’re not fully exploring the creative possibilities for digital products for every kids book you develop, you’re already missing the boat.


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  • shoshanakleiman
    How can the publishing world not take the digital format into account first? In today's market the publisher must be ready to respond to market demand in much less time than before. Digital format solves that problem and the storage problem with one solution. Print is a natural outcome. Take a lesson from technical publications. One source, many book types.
  • They don't take it into account first because print is still providing the
    lion's share of the revenue most of the time. It's that simple.

    Mike
  • Mark York
    "And now that self-publishing is legitimately part of the commercial continuum,..."

    This is taking great liberties with the term commercial. A bunch of writers selling 75 copies a piece isn't a commercial operation in the way it is known in business. Agents and publishers ignore these and mostly are grateful they won't be getting queries for those volumes that don't deserve publication in the first place,
  • Mark, what this means right now is that legitimate commercial publishers are
    finding properties through the self-publishing farm system. We have two
    editors and two agents on a panel at Digital Book World discussing that
    fact. You're right that it will take more development before self-published
    books sell regularly well in their self-published editions, but that day
    will come too.

    Mike
  • Mark York
    As a Random House editor told me in an impromptu interview, "There is no farm league in publishing. There's just publishing." They will take a good book from anywhere and from anybody. Agents' best odds still are over the transom and the slush pile. Very few self-published books go anywhere. I don't see that changing anytime soon.
  • Mark, I don't know exactly which editors from Random House have looked at
    self-published books for potential material, but I'll bet dollars to donuts
    some have (although probably not the one who talked to you.) If you check
    the program for Digital Book World <http: digitalbookworld.com=""> you'll see
    two agents and two editors who are going to discuss this very question in a
    panel and that makes at least four industry professionals that don't agree
    with what your RH contact said.

    Mike</http:>
  • Excellent, thoughtful, accurate article. Thanks
  • I see that self-publishing is necessarily a losing proposition for an author. As most people realize by now, self-publishing is simply a matter of how to get the book into print. That has nothing to do with distribution and actual sales. That's where the Big Six come in. They have the strength to market and distribute. I envision a day when authors will self-publish and their agents will make deals with publishers to handle the marketing and distribution, something along the way actors now find their own vehicles and then get the studios to put up the money for distribution and marketing of the final film. That's an oversimplification, of course. But essentially that's what's happening with a lot of actors, and musicians, too.
  • If you can get published by the Big Six, you almost certainly want to be
    even though, frankly, only the top 10% of their books get much attention. On
    the other hand, among them they do (roughly) 6,000 books a year. The rest of
    it is various levels of farm system (except for niche market stuff, which
    can actually often be sold better by others than the Big Six -- see the Hay
    House example in my agents post.)

    Mike
  • Hi Mike! Thanks for the reply. I see that I mistyped my comment. I actually DON'T see self-publishing as "necessarily" a losing proposition. I have been published by one of the Big Six as well as self-published. I see pros and cons with both.

    But the discussion is about the roles of agents. I can envision them as brokers in a deal between a writer who "independently" publishes (i.e., sets up his or her own imprint, rather than go through iUniverse, et. al., to do it) and a traditional publishing house. My suggestion is that, in such a deal, the writer retains much of his or her creative control and collects a smaller advance, but gets a much bigger cut of the royalties. Meanwhile, the publisher makes a larger investment in the book through the money spent on advertising, marketing and placement in bookstores, etc. The pros? The writer who has self-published gets the backing of a Big Six when it comes to getting the word out, etc. He or she retains control and gets to collect only on what actually sells. The Big Six'er doesn't have to shell out money for a book that doesn't sell; on the other hand, it can no longer do what many of the m do now -- shell out the money and then let the book sink, doing little or nothing to promote it, leaving the writer to shoulder that burden increasingly along.

    As for the agent, he or she would get either a percentage-based fee and/or a flat fee with a cut of the royalties.

    I've met quite a few agents and they really serve a necessary purpose. They're here to stay. I know they're worried, but there is a role -- a huge role for them in publishing. It's just changing.
  • Cleverbabe, the formula you are suggesting sounds very much like what Roger
    Cooper is doing at Vanguard inside of Perseus. We have Roger and Bob Miller,
    creator of the Harper Studio imprint which also has unusual business models,
    on a panel discussing this kind of different economic approach at Digital
    Book World.

    Mike
  • It's so great to know that people are thinking out of the box. (Your other entry on eBooks first just blew me away, BTW.)

    The DBW conference lineup looks absolutely fantabulous. I wish I could be there, but the entry fee is well beyond my budget. If there's to be any kind of feed or video coming out of the conference, then I would love to see. In the meantime, hooray for the forward thinkers!
  • Persia, I really appreciate the compliments. I am going to try to expand on
    the ebooks first piece since I've gotten some suggestions that it would be
    helpful to do so.

    I know that F+W Media, the company behind Digital Book World, plans to
    capture the conference. I don't know the plans for using the material
    afterwards or if they are formulated yet. But I'll let people know on my
    blog if and when material is available after the conference.

    Mike
  • joeinlosangeles
    To a degree, I think you're missing the point. I've had several agents, and I look at them as salespeople -- they are on commission and earn money if they sell my product. They might give me feedback, while I incorporate, but if I decided to self-published I wouldn't feel the agent deserved any part of it. If agents want a piece of self-publishing, they have to provide something to deserve it.
  • I agree that they have to provide something to deserve it. That could be
    substantial help developing the manuscript or it might be really useful
    guidance about how to self-publish.

    Mike
  • James Mosberg
    I'm confused what an agent's role would be in self publishing. A consultant? I could see that working for an established author/agent relationship where there has already been profit from a print deal. When an agent and author land book deals, they nuture a professional relationship. If later they decide or are forced to self publish, then they may want to move forward together. But if I landed a literary agent who then failed to place my book with a publisher, why would I want to move forward with that agent? In their primary role, they failed. Again, what are they doing as part of the self-publishing process? Up front, before self publishing, one needs editorial help. While agents might have some experience with this, it's certainly not worth hiring them. I'd hire an editor or work with people I know. One might need help with marketing, but my understanding of literary agents is that they are not involved with the daily activities of an author. Nor are they necessairly marketing gurus themselves.
    I see the point that if an agent develops a book with an author, then the agent should take home some of the profit on that book. But the agent is developing the book to land a publishing deal. If that development fails to land a deal, then they haven't really helped at all. Self publishing circumvents the gatekeepers, but loses all the gatekeepers' power. If one happens on success by recreating the gatekeepers' power, why would the gatekeepers get paid?
    I would think literary agents would be successful in stepping in as business managers or locating talent among the already self-published and finding ways to expand on that success. But they have to bring something to the table.
    Right now, the first step for an unpublished author is to land an agent. Do you think that's changing?
  • James: a number of good thoughts in here.

    Last question first. I think the first step for *some* unpublished authors
    is to find a good agent. But I think the process of finding a good agent for
    some authors might be to self-publish in some way to get discovered. There's
    no point to doing this without some marketing savvy -- the quality of
    writing alone won't sell it because it was blogged or became a
    self-published book or ebook. But blogging or self-publishing can be an
    important promotional tool, and that promotion might lead to an agent. At
    Digital Book World, we have a panel on the new "farm system" on which both
    agents and editors will speak to finding new talent through blogs and
    self-published books.

    On the other points: I agree that the agent has to add some value to earn
    some share of compensation. Indeed, I am thinking about the agent guiding
    the self-publishing process, as or like a consultant, not just improving the
    editorial quality of the author's work (although that deserves compensation
    too.) And these are not things agents routinely do now, so this change is
    about bringing new skills into the agent's office.

    Mike
  • In my experience (in the UK, as a writer mainly for children) many agents don't have the first clue about digital publishing and can't be bothered to find out. The result will be that they will be cut out of the picture. I'm sick of having to spell out digital rights issues to an agent who is taking a %age of my income. Why not just keep the %age and give up on the free education? That's an option here, where publishers will to talk to unagented authors. I don't self-publish, but I can see that if someone did, , an agent would be completely unnecessary and an editorial freelance might be more use.
  • Anne, your points are spot on. What many agents have to sell is not matching
    up with what more and more authors need to buy. But I don't think it will
    stay that way; I think some veteran agents will team up with more modern
    author- and project-development capabilities. If they don't, they'll find
    more and more of the action taking place without them. The agents for the
    biggest authors in all genres are going to find themselves more and more
    powerful, though.

    Mike
  • Get an agent? Not so easy. I’m an established non-fiction writer, published 20+ books, won six awards. I already have an agent in Europe.

    Having sought out agents in America who say specifically that they work in my field and who say they’re open to proposals, the responses to sending proposals included a minority of polite refusals, fair enough, but mainly ranged through:

    * Send me $50/$75 and I’ll read your proposal.
    * We are not accepting submissions (contrary to website)
    * Send copies of your books and we’ll look at them and return them (never heard from them again)
    * We do not accept submissions by email (contrary to website), send by mail (which I did and never heard from them again)
    * The most frequent response was no response at all.

    One agent even wanted me to pay for a guide on how to submit a proposal!

    Meanwhile, my latest great idea for a book is circulating round all these agencies who generally seem to have no regard for the originator of the idea.

    OK, there are good and bad agents and perhaps I just happened across a majority of bad apples. But I was surprised at the general discourtesy and inefficiency. My conclusion was that agents are not only disorganised but even seemed to actively discourage constructive contact with prospective clients.

    Are they really not looking to add to their talent?
  • Graham, thanks for the report, even though it is such a discouraging one.

    Well, at least we *know* that the agents that wanted to charge a reading fee
    are not members of the AAR.

    The only suggestion I can make -- perhaps you've already tried it -- is to
    buy a one-month subscription to PublishersMarketplace and look at the deal
    database. Find agents (and editors) who have transacted for books like yours
    in the recent past. That should put you on the right track.

    I'm afraid your experience is a sign of the times. Everybody's trying to
    save time by avoiding projects that won't pay and by everybody I mean both
    agents and publishers. The price of doing that is that you end up avoiding
    some projects that *would* pay.

    Mike
  • Mike, my apologies if that came across as a commercial. That's not what I intended at all. (But of course that's what it looks like. My fault entirely for not thinking things through. I'll try to remember to change my log-in info after this to reflect only my personal website. Perhaps it would be better to delete that comment and substute this.)

    What I was trying to say was: Publishing World is changing and I've met so many writers who feel bewildered and at sea that it's apparent to me there's a new niche opening that agents, as currently configured, are not designed to meet.

    Again, my apologies.

    Nicola
  • No need for a deletion and I appreciate the apology. This comment is spot
    on.

    Mike
  • "But, still, the question of whether the business model needs to change remains. The kind of book advances that agents have made a living on for years are diminishing in number. And now that self-publishing is legitimately part of the commercial continuum, authors have a right to expect that their career business manager, which an agent is, will employ it, or suggest that they do, when it makes sense. And agents will have a right to expect to be paid for that."

    This is one of the reasons we founded Sterling Editing: contractual editing and development.
  • This is where I have to say that allowing commercials to appear in the
    comment section of the site (which I don't always do) implies no endorsement
    from The Shatzkin Files. And because I a) want to know about these things
    and b) don't want the blog turned into a forum for the discussion of various
    service offerings, please email me at mike@idealog.com if you have any user
    experience with this or any other service for authors or publishers.

    Mike
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