LITERARY AGENTS

"Excerpted from Writer Beware, a service of the Science Fiction and Fantasy Writers of America. Compiled and maintained by Victoria Strauss" with her permission. (Thank you Ms. Strauss!)

Science Fiction and Fantasy Writers of America
Writer Beware Victoria Strauss

NOTE

Any charge made to an author that is payable prior to the sale of a manuscript to a publisher, however characterized by the agent, is defined as a "fee" and represents inappropriate conduct not in the author's best interest. This clarification is in response to several attempts by questionable agents to evade criticism through semantic changes that do not actually represent any improvement in practices--only in the labels on the bills sent to authors.

There are many views on the question of whether or not a writer needs an agent to make his/her first sale. Some people think a new writer's energy is best spent on submitting directly to publishers. Others feel that, with more and more publishers closing their doors to unagented submissions, a new writer stands a better chance of getting published if s/he seeks an agent first.

But there's no disagreement on the fact that after that first sale is made, an agent is a tremendous boon to a writer's career. A good agent possesses contacts and inside knowledge that the writer probably doesn't have access to: s/he knows which editors are most likely to be interested in a new manuscript, is able to negotiate advances and complicated publishing contracts to the writer's advantage, and knows how to exploit sub-rights. Just as important, an agent serves as the writer's advocate in the increasingly complicated and competitive world of publishing.

However, though there are many reputable literary agents, who provide excellent and ethical representation to their clients, there are also many disreputable ones, who prey on writers by charging fees, promoting their own expensive editing services, or engaging in kickback referral schemes with freelance book doctors and subsidy publishers. Because so many beginning writers don't have the experience to tell the difference, or to know standard agenting practices from questionable ones, such agents are not only doing a booming business, but are becoming more and more common.

Questionable agenting practices come in many forms. I've heard from writers who:

Paid a reading fee, only to discover that further fees were expected (in one case, the agent wanted to charge an additional $600 for "submission expenses").

Received an offer of representation from an agency that described itself as non-fee-charging, yet required up-front payment of a "marketing" or "submission" fee.

Were charged excessive expense or submission fees on a monthly basis (one writer was charged not just per month, but per manuscript, to the tune of several thousand dollars).

Were presented with a sliding scale of fees--i.e., the more they paid, the more the agent purported to do for them.

Paid a "one-time" contract fee to an agent who stopped taking their calls as soon as the check cleared.

Entered a writing contest that turned out to be a scheme for referring writers to a fee-charging agency.

Were offered a choice of providing a large number of copies of their manuscript at their own expense, or paying a substantial materials fee.

Paid fees to an agent who claimed to send out their manuscript, but never actually did.

Paid fees to an agent who did send out their manuscript, but to totally inappropriate publishers (one writer's historical romance novel was submitted to a religious publisher, a children's publisher, several nonfiction/reference publishers, and a horror publisher--but not a single romance publisher).

Were referred to the Edit Ink book doctoring firm see the Case Studies page).

Were pressured to use editing services the agents themselves provided (in one case, the quoted cost exceeded $8,000).

Were offered subsidy or vanity book contracts without being informed of the expenses involved page.

Were offered a contract with a subsidy publisher the agency itself owned, without being informed of the relationship.

Accepted a subsidy contract, and were required by the agent to pay the agent's commission themselves (on top of the fees they were paying the publisher).

Here are some tips to help you tell a questionable agent from a reputable one:

An agent should not charge an up-front fee. This includes not just reading fees, but any other kind of fee. A reputable agent's income derives solely from commissions on the work s/he sells. Anything else is non-standard practice, no matter what you may hear.
Fee-charging violates the basic premise of the author-agent relationship: a shared financial interest in the sale of the author's manuscript to a royalty-paying publisher. If an agent makes money right off the bat, his/her interest has been served, but the writer's hasn't. This is where the problem arises: since a profit has already been made, the incentive to submit to a legitimate publisher is diminished. In fact, many fee-charging agents--some of whom have several hundred paying clients--don't bother to send out manuscripts at all.

With writers becoming more educated about the non-legitimacy of reading fees, agents are increasingly taking to calling their up-front fees something else. For instance, they may ask for a "marketing" or "processing" fee--supposedly, a share of the office expenses required to sell your manuscript. This is no more legitimate than a reading fee. While many reputable agents do pass on additional or unusual costs to their clients (extra galleys, books sent to affiliate agents overseas, long-distance phone calls, courier fees, and the like), they absorb regular office expense, such as local phone calls, paper goods, legal costs, and travel as part of their normal business overhead. And if expenses are passed on, they're never charged up-front, or as a monthly or quarterly "reimbursement" fee, but accrued and taken out of a writer's earnings.

The "evaluation" fee is yet another way in which questionable agents try to avoid the reading fee label. In this version of the up-front fee, you're promised not just a reading, but a two- or three-page evaluation of your manuscript. However, reputable agents do not double as editors for writers they don't represent. If they think they can get your manuscript published they'll accept you, and if they don't, they'll reject you; but either way, they won't charge you for their opinion. The overwhelming balance of evidence I've collected indicates that these quickie critiques are rarely very helpful, anyway. They may even be completely bogus: I know of one agent who provides a critique that's so general it could apply to any manuscript--which is no accident, since the same letter is sent to every writer who pays the fee.
An agent should not charge a commission of more than 15% on domestic sales and 20-25% on foreign sales, or propose a reumuneration agreement other than a straight commission on earnings.
An agent should maintain membership in the Association of Authors' Representatives (USA) or the Association of Authors' Agents (UK). These organizations require their members to adhere to codes of ethics which specifically exclude reading fees, referral fees, and other abuses. Additionally, AAR membership requirements ensure that members have been in business for at least two years, and have made a minimum number of legitimate book sales. Non-membership in these organizations is by no means proof that an agent is questionable--there are reputable agents who choose not to join, or haven't been in operation long enough to qualify. But you're certainly safest if you give AAR or AAA member agents priority on your query list.
An agent should not refer you to an outside service for which you have to pay. A kickback arrangement is often involved in such referrals (in other words, they're not being made for your benefit, but for the agent's). For instance, if an agent tells you that your manuscript needs work and then recommends a specific book doctor, chances are that the book doctor has promised to give the agent a percentage of whatever you wind up paying. The same goes for subsidy or joint-venture publishing companies, which often provide finder's fees to agents who persuade their clients to accept expensive pay-to-publish contracts.
An agent should not own or have a financial interest in either an editing service or a subsidy publishing company. These are conflicts of interest. If an agent gains financially from editing your manuscript, how can you be sure that the recommendation to edit is really to your benefit? If an agent can make money by publishing your book himself, where's the incentive to send your manuscript to advance-paying publishers?
An agent should be willing to disclose his/her track record. This is essential knowledge for a writer hunting for an agent, since it's the best way of judging an agent's effectiveness and expertise. Reputable agents are proud of their track records, and should have no problem providing this information. If an agent tells you that client or sales information is confidential, be wary: s/he may be trying to hide the fact that the agency has a poor sales record, or deals with disreputable publishers.
An agent should not solicit you. A good agent isn't looking for business, s/he is turning it away. If you subscribe to writers' magazines or register your copyright, you may be a target: fee-charging agents often purchase lists of names and addresses from these sources.
An agent should be able to produce correspondence free of grammatical errors and typos. This may sound obvious, but a literary professional should be able to write correctly. It's amazing how many questionable agents send out documents or maintain websites riddled with such mistakes.
Be wary of the agent who claims to specialize in new writers. Such agents are often fee-chargers looking to collect from inexperienced beginners.
Be wary of the agent who provides extravagant praise or inflated promises. Reputable agents don't lavish hyperbole on unknown authors. They also know better than to promise things that can't be guaranteed: lucrative book contracts, movie deals, bestsellerdom, and the like.
Conversely, be wary of the agent who paints a dismal picture of your chances of success. A reputable agent isn't going to take you on unless she feels she has a good chance of placing your manuscript. Excessive negativism is often a marginal or incompetent agent's way of rationalizing a poor track record.

And be careful of these:

The submission agent or manuscript broker. A submission agent or manuscript broker promises, for an up-front fee and/or a percentage of the proceeds if you make a sale, to submit a manuscript to publishers--supposedly on the basis of an inside knowledge of what the publishers are looking for. Often part of the service offered is the "packaging" of your submission, with a picture of you, a bio, a sample marketing plan, and so on. However, publishers don't want or need these kinds of extras, and manuscripts received from submission agents and manuscript brokers are generally treated as unsolicited. Also, submission agents aren't necessarily full-service agents--they may not negotiate contracts or deal with sub-rights.
The "display" site. These websites promise to bring you to the attention of literary agents and/or publishers by displaying a synopsis and a chapter or two of your book, sometimes with a biography, photo, or other information. Often a fee is required (though some display sites are free), and usually your submission will be displayed only for a limited time. The theory is that editors and literary agents are eager to visit a website where pre-screened fiction is available for their perusal. However, most reputable editors and agents are overwhelmed with unsolicited submissions, and have no reason to go online to look for more. There are display site proprietors who are sincere, and possess the industry connections or marketing savvy to draw at least some agents and publishers to their sites. But most don't. Worse, a display site may provide a ready-made recruiting ground for questionable or marginal agents and publishers.
Print market guides. Print publications such as Literary Marketplace and Writer's Guide to Book Editors, Publishers, and Literary Agents, by Jeff Herman, are good sources of information. But an agent's inclusion in a market guide isn't a guarantee of legitimacy. Many questionable agents are listed in these publications.
Agent listings on the Internet. Many of these are compiled by individuals with little knowledge of publishing, or are databases where anyone can enter information. They are likely to include many questionable agents. Even given the caution above, print guides are a much better place to do research.

Links

In the search for an agent, knowledge is both your most useful tool and your best defense. The more you educate yourself--not just about agenting, but about the business of publishing in general--the less likely it is that you will be taken advantage of. Below are some resources to assist you.

Tools to Evaluate Agents

E-mail Writer Beware. Is an assembled an archive of documentation on more than 250 agents who charge fees, refer to freelance book doctors, or engage in other practices we warn about above. Send us the names of agents you'd like to know about, and we'll search our files for an answer for you. If we have no information on an agent, we'll let you know that too.
Agent Research & Evaluation offers a free agent verification service. They'll check their extensive database to see whether an agency has made any sales that are part of the public record, and tell you whether any complaints have been received.
Deja.com is a searchable database of Usenet newsgroups. If you're uncertain about an agent, do a search on his/her name in Deja to see if other writers have posted information or complaints.
The Eclectics Message Board is a writers' forum where information about questionable agents is often posted. You have to register with Delphi, which hosts the board, but it's free.
The Short Order, the online newsletter of the Short Mystery Fiction Society, includes an informative Scam Alert column by Kate Grilley.

Resources for Agent Hunting
The Literary Marketplace, published by RR Bowker, is one of the most comprehensive guides available, and a good place to begin an agent search. Most libraries have a copy. Or you can subscribe to the online version.
The Association of Authors' Representatives (AAR) website includes a list of member agents, the Canon of Ethics to which members subscribe, a series of suggested questions for an agent who's offered you representation, and links to writers' resources. Another good place to start your agent search.
The AAR's press release announcing its position on agents who charge up-front fees.
The professional association for agents in the UK is the Association of Authors' Agents (AAA). Like AAR, AAA's Code of Practice prohibits reading fees.
In Australia, the Australian Society of Authors may be able to provide assistance with agent questions (they have an extensive list of publications, including recommended contract language).
Publishers Weekly.com: the online version of the print magazine. An excellent source of information about publishing in general, including agents.
Guide to Literary Agents is another information source on reputable agents and the deals they're making, from writer Todd Pierce. (A word of warning: don't take Mr. Pierce's query letter advice.)
Agent Research & Evaluation's News page reprints informative articles on agents and agenting from AR&E's monthly newsletter.
The AAR hosts a list of suggested questions to ask an agent who has offered you representation.
Articles from the SFWA archives: Hunting for a Literary Agent by Chuck Rothman, and Hunting for an Agent by John E. Stith (includes a sample synopsis).
About Agents: excellent advice from writer Dan Perez.
Getting the Right Agent: sensible and practical advice on agent-hunting from writer Sarah Smith.
Agents: A Primer by Harold C. Underdown. Geared to children's book authors, but useful for writers in any genre.
A comprehensive discussion of agents from author Tara K. Harper (there's lots of information at this site, including advice on query letters and contracts).
The Horror Writers of America Agent FAQ.

Author/Agent Contracts
SFWA's model author/agent contract.
The Agency Agreement: some issues to watch out for, from writer and lawyer Ivan Hoffman.
What is the real purpose of the author/agent contract, and do authors and agents really need them? Author/Agent Contracts--A Cautionary Tale, an article by Bill Martin of Agent Research & Evaluation, offers an interesting perspective.

Publishers

Publishers Guidelines

Literary Agents

Please take a moment to view our on-going list of Publishers for all Genres. If you have dealt with a certain Publisher and it was either a good or bad experience, please let know about it. Email Us

Do you have some work you'd like your fellow writers to read? Now's the time to get feedback on your writing style, characterizations, plot lines, etc. Review our Showcase page to see how.
Click Here

I've had losts of questions about Publisher Guidelines. I've gone to several of the publishers sites on the internet to see what their specific Guidelines are. The guidelines listed below are mainly for the Romance genre. I will be updating this list with other genre guidelines soon. Mystery, Science Fiction, Fantasy and Horror will be my next update. Please, if you know specifically any Guidelines for publishers, please let me know and I will add them to this list.

Spare Time Novelist

This is a short list of Literary Agents from various areas of the internet. I will be adding to it gradually.Spare Time Novelist (This list is from many sources on the Internet and I appreciate every last one of them! Thank you for answering my questions!)
Publishers & Literary Agents Resource!

THE STAGES OF BEING A WRITER
by Gail Sattler

1) Daydreams of writing: Wouldn't it be nice to write a good book some day?
2) Formulating a plot: Making notes, dreaming plots, forming characters
3) First draft: The actual writing, which ended up taking all your waking hours, alienating friends and family and even the dog feels ignored.
4) Tenth draft: You've changed it so many times and read it so many times you don't see it any more.
5) Submission: Seach the markets, print it, package it, faint over the cost of postage.
6) Waiting: Pacing, getting personal with the mailman/maildeliveryperson. You've worn a path to the mailbox.
7) Form letter rejection: How could they do this to me? How could they not love it? Along with disappointment and denial, insult, that they didn't say why they didn't buy it.
8) Rewrite/edit/critique: Determination to make it perfect, often includes classes, courses, workshops, critique groups/partners, etc.
9) Continuing submissions: Each submission brings a new edit. See (8)
10) Personalized letter rejection: A better rejection, but still a rejection. See (7)
11) Request for entire manuscript: Jump for joy, elation, followed by (8) then see (5) less the searching, followed by (6)
12) Rejection of entire manuscript: See (7), but it's personal this time.
13) Request for revisions on entire manuscript: See (11) only worse
14) Rejection of manuscript: See (10) then (7) only worse.
15) Continuing submissions: See (9) then (8) then (6)
16) Finally - that first sale!: Elation. Utter disbelief from family, including dog. Followed by an expensive dinner and other applicable celebration activities. Then (17)
17) Deadlines: See(1) thru (16) except you know the name of the person sending you those letters, or the voice on the other end of the phone. Is it all worth it? Every solitary minute!

THE FOLLOWING IS TRUE:

Dear Ann Landers,
After following your columns about assorted frauds and rip-offs, I would like to caution would-be writers about scam 'agents'and 'publishers.' I am an officer in a large professional writers organization, and lately, we have seen a proliferation of con artists who promise to make best sellers out of aspiring authors. Getting published is hard enough without these sharks cruising the waters.

The facts are as follows: Any publisher who asks a writer to bear some or all of the cost of publishing and marketing a book cannot be considered a real publisher.Real publishers pay writers for their books, not the other way around. Any publisher that actively advertises for writers to submit manuscripts should be viewed with extreme wariness. Naive writers have been known to pay these fraudulent 'publishers' thousands of dollars to see their work in print. Sad to say, they receive a few copies of poorly made books, or nothing atall, for their money.

The same thing goes for 'literary agents' who advertise for clients, especially those who troll the Internet looking for new writers to scam. These 'agents' charge 'reading fees,' along with fees for photocopying, promotion, travel expenses---anything they can dream up to bilk authors out of money.

Would-be writers also should be aware that any 'agent' who pushes an 'editing service' or 'book doctor' is probably receiving a nice kickback from those same editors or book doctors. Scam artists are ripping off inexperienced authors to the tune ofmillions of dollars every year. A warning in your column could save many an aspiring writer from learning a cruel and expensive lesson.----M.A.M., Pro Writerin MarylandRepublished with permission from the author of the letter."

WRITING ISN'T ONLY ABOUT BOOKS:

Acquisitions Editor
Advertising Writer
Agent's Assistant
Assistant Editor
Author
Columnist
Copy Clerk
Copy Editor
Copywriter
Critic
Editor-in-Chief
Editorial Aid
Editorial Assistant
Editorial Secretary
English as a Second Language (ESL) Instructor
English Teacher
Fact Checker
Gag Writer
Ghostwriter
Grant Writer
Indexer
Journalist
Joke Writer
Lecturer
Literary Agent
Managing Editor
Manuscript Evaluator
Manuscript Reader
Monologist
Press Agent
Production Editor
Public Relations Writer
Publicist
Publicity Writer
Publisher
Reading Tutor
Researcher
Resume Writer
Reviewer
Scriptwriter (Business)
Scriptwriter (TV, Film, Radio, Theater)
Speaker
Speechwriter
Staff Writer
Storyteller
Technical Editor
Technical Writer
Translator
Writing Consultant
Writing Instructor
Writing Professor
Writing Tutor
Eyestrain

Eyestrain and VDTs Eyestrain is another ergonomic problem frequently associated with the use of computers and Video Display Terminals (VDTs). Symptoms of eyestrain may be: Sore, tired, itchy, dry, or burning eyes, headaches, difficulty focusing between the VDT and source documents, blurred or double vision, color fringes / after images, increased sensitivity to light.

These symptoms may be caused by:

Improper lighting:
If the light in the work area is too bright or too dim, the human eye has to work extra hard to compensate for these harsh environmental factors. People may not even be aware that their eyes are under duress, but over time they may develop symptoms of eyestrain.
Solution: Use indirect, ambient lighting and an adjustable light source at the desk, where extra illumination is required.
Glare: Glare can be caused by sources of light such as windows, lamps, or overhead lighting. Look at your monitor screen to see if there are any bright blotches of light. While you may not be conscious of this irritation, it can cause eyestrain over the course of a long day. Glare can also be caused by too much contrast between the screen background and the displayed text. Solution: Adjust your monitor so that it is not reflecting the light source. Tilt the monitor down so that it doesn't reflect overhead lights, or move it perpendicular to windows. Close shades or blinds if the computer cannot be moved. Move lamps so that they are not reflected directly in the monitor. Use glare screens.
Eyewear: Many computer users wear bifocals or trifocal lenses fitted for reading print and distance viewing. Sometimes these prescriptions may not be adequate for computer work.
Solution: If you wear glasses of any sort and frequently experience headaches while working at a computer, you should probably check with your eye doctor to make sure you are wearing the correct prescription for such work.
Viewing angle and distance: If your monitor is too far away, you will have to strain to read the print. Likewise, if it is too close, you may also strain your eyes. If the monitor is too high, you will have to angle your neck to look up at it, which could cause your neck to be sore, and may contribute to headaches. Also, when you are continually looking up, you may not fully close your eyes when you blink, and this can cause your eyes to dry out.
Solution: Generally speaking, the recommended distance for the monitor is between 18-30 inches from the user, with the first line of text just slightly below eye level. You want the keyboard directly in front of the monitor. If the keyboard/monitor is off to one side, the distance to the monitor may be slightly different for each eye, causing them to focus separately.
Uninterrupted focus on the screen: When people concentrate, they blink less often. Sometimes they concentrate so hard that they blink only once per minute, instead of the normal once every five seconds. This, too, will cause the eyes to dry out and become irritated.
Solution: Take micro-breaks! Frequently look up from your monitor and focus on an object several feet away. Make a conscious effort to blink.
VDT and document holder location: If the document holder is below the VDT or off to the side, each time your eyes look from one source to the other, your pupils have to adjust. If you have to do this for long periods of time, it can cause headaches and eyestrain.
Solution: Place document holder at the same level, angle, and distance as the screen to avoid having to shift eye focus.
Dust on screen: A buildup of dust on the screen can make it hard to distinguish characters. This may also contribute to glare and reflection problems.
Solution: Dust off your monitor every day.

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LITERARY AGENTS

Links

Tools to Evaluate Agents

Resources for Agent Hunting

Author/Agent Contracts