To Assist Your Efforts with Understanding the Publishing Industry, Including Agency and Publisher Information, Sample Agreements, etc., Please Use these Appendix Documents as Models

Explanation/Analysis of

Writer’s Market Agent Listing

Agent Listing:

Christopher Bloomburg Literary Agency (name of agency)

4567 Avenue of the Stars, Suite 300

New York, New York 23003 (address)

212-546-8797 (telephone number), 212-546-8798 (fax)

Cboomburg@aol.com (e-mail address)

Agents—Christopher Bloomburg, Liz Dahling, Bill Book (Contacts at small agency)

Established, 1980 (Two decades-plus existence—above average for literary agencies)

Member AAR (Association of Authors Representatives—good organization—Indicates professionalism for the agency)

Represents seventy-five clients (Good client base), 15 percent new/unpublished authors (Not a large percentage, but there is hope for the aspiring author)

Currently handles Fiction, Non-Fiction, and Poetry (Provides a wide range of representation)

Mr. Bloomburg has been a literary agent for twelve years. He was an editor for Doubleday and an assistant editor at HarperCollins before that. (Agent/agency background—experience at publishers good indication of expertise)

Represents: Non-fiction books, novels. Considers these non-fiction areas, popular culture, biography, and memoirs. Considers these fiction areas: Horror, fantasy, science fiction, romance. (Indicates specific fields of agency interest. Tip—It is unprofessional to contact the agency with other genres of writing.)

How To Contact: Query Letter, Book Proposal, Manuscripts. (Type of material that may be submitted) SASE. (Requests self addressed, stamped envelope accompany material.) Accepts fax queries but not e-mail. (Proper procedure to submit material. Tip—Does not say the agency won’t accept unsolicited material. Some agencies will not.) Considers simultaneous queries. (Understands that writer may be submitting to several agents at one time.) Responds in six weeks on queries, ms three months. (Permits writer to understand time element for consideration.) Obtains most new clients through recommendation from others, solicitation, conferences (Provides new client information base. Tip—This appears to be an excellent agency for unpublished authors—very open-minded.)

Needs: Agency seeking Hispanic romance and science fiction, World War II novels, Sports Biographies (Indicates type of material agency seeking.)

Recent Sales: Sold 125 books last year. Seventy-five to major publishers. Examples: Two Can Make A Family, by John Dunwiddy (Scribner), Perfect World, A Novel, by Emily Partridge (Dutton) I Knew The Babe, by Arthur Blogges (Sports Publishing), and My Girlfriend Was A Boy, A Novel, by Rex Roost (HarperCollins) (Provides proven agency track record. Tip—Watch for books sold similar to the same genre you are considering.)

Terms—Agency received 15 percent on domestic sales, 20 percent foreign sales. (Standard in the industry. Tip—Film and television agents will charge 10 percent.) Written contact required. (Some agencies require contract, some don’t. Tip—Better to have one to protect interests) Charges clients for photocopying and mailings (Many smaller agencies charge for expenses. Tip—Never hire an agent that charges you a fee to represent you. This is very unprofessional.)

Writers’ Conferences—Aspen, Maui, Summerfield, Hidden Valley (Provides conferences attended by agent or associate.)

Tips—Thoroughly research the genre you are contemplating. Visit bookstores to see what is selling and who is publishing the bestsellers. Attend writers’ conferences to hone your craft and meet industry people. Complete manuscript of novel before submitting query letter or book proposal. Not necessary re non-fiction. (Guidance from agent. Tip—Excellent advice. Indicates that agent is knowledgeable of literary industry.)

Explanation/Analysis of

Writer’s Market Publisher Listing

Publisher Listing:

Aardvark Publishing Company (name of publisher)

350 Fifth Avenue, New York New York 23003 (address), 212-787-5432 (telephone number), 212-787-5433 (fax number) Web site: www.aardvark.com. (web site), Aardvark@aol.com. (e-mail address)

Acquisitions: Patricia Longfellow, Executive Editor (romance, mystery, thrillers), Clancy Purdue, Editor (sports, adventure), Ilene Puffbottom, Executive Editor (self-help, art, music), Stacy Stillwagon, Editor (historical romance, erotic), Paul Butterbaugh, Editor (true crime, general fiction), Abe Lincoln, Senior Editor (pop, culture, spiritual, health), Augustina Soprano, Editor (historical novels), Amy Lain, Editor (gay and lesbian, health, cookbooks), John D. Dannon, Editor (alternative health, general non-fiction, self-help). (Provides contact information for alternative genres. Tip—Telephone to make certain an individual is still with the company and in same category since literary industry people change jobs and positions at a high rate. Also—if your specific genre is not listed, check with the agency to see whether they handle it. If not, do not waste time by submitting material.)

Publishes 250 titles/year. (Provides information regarding publishing quotas.), Receives 4,000 submissions/year. (Provides idea of titles purchased vs. titles received.) 10 percent from first-time authors, 20 percent from un-agented writers (Indication that company is open to aspiring authors whether agented or not.)

Pays 10-15 percent royalty on hardcover, 8-10 percent on paperback—royalty based on retail price. (Industry standard. Tip—Royalty basis should be pinned down to avoid misunderstandings.) Pays $2,000 to $25,000 advances. (Indicates that company will pay hefty advance but not comparable to largest publishers.)

Publishes book 9-18 months after acceptance of manuscript (There are exceptions but this time frame is standard. Tip—Gearing your book to event or to current topic permits better promotion tie-ins. Books are normally published fall/winter and spring.)

Accepts simultaneous query letters, book proposals, manuscripts (No rule against submitting material to other publishers.) Responds in 4 weeks to queries and book proposals, 4 months to manuscripts. (Permits you to know when to follow up if no word.)

Book catalog online at www.aardvark.com. (Permits inspection of type of books company publishes. Tip—Check out books similar to yours.)

Book Specialties: Non-fiction—military/war, true crime, women’s issues/studies, travel, cooking/foods, humor, how-to, gifts, psychology, current events, gay/lesbian, nature/environment, pop culture, philosophy, animals, business economics, biography, memoirs, history, hobbies. Fiction—thrillers, mysteries, erotica, occult, suspense, horror, westerns, contemporary, romance. (Specifies various genres appealing to publisher. Tip—If your book idea is not listed, don’t submit material.)

Recent Titles: The Happy Horses, A Novel, James Harrold, Typewriters and My Mother-In-Law, Humor, Oliver Cup, Please Don’t Eat the Dogs, Humor, Arthur Loser, Teddy Roosevelt, Was He Gay? Earl Putts, London on $5000 a Day, travel, Pete Piper, The Prince and the Frog, A Novel, Jason Underbucket, Who Stole The Kitty? A Novel, Happy Grimes. (Permits you to review publisher’s titles.)

Tips: Prefer agent submissions, but will consider well-conceived query letter and book proposal. Do not send unagented manuscripts. Do send SASE. (Latter good suggestions for aspiring authors.)

Sample Agent Agreement With Legal Tips

(Tips—If you are offered a literary agent agreement, hire a competent entertainment lawyer. He or she can best represent your interests. Regardless, familiarizing yourself with the basic outline of an agent agreement can be helpful.)

Representation Agreement

This letter of agreement will confirm the arrangement between us by which you have appointed Scarborough Literary Agency as your exclusive agent in the sale, lease, license, and/or other disposition of literary and related rights to any and all works penned by you during the term of this agreement.

(Standard language detailing the representation during a defined period.)

You understand such appointment to cover the active marketing throughout the world of all your literary rights, including but not limited to, publishing, motion pictures, electronic, stage, radio, television, recording rights, and generally to advise you professionally.

(Details specifics of representation. Tip—Keep language as specific as possible to avoid confusion. The clause, “Generally to advise you professionally”—should be left out if possible.)

Scarborough Literary Agency will actively market and represent your best interests to the best of its ability utilizing its contacts throughout the entertainment industry. The agency will not enter into an agreement on your behalf without your written consent.

(Provides language requiring agency to act in your best interest, but restricts their ability to enter into agreements without your having final approval. Tip—This latter language is essential to protecting you

against acts by agent that are adverse to your interests.)

You agree that Scarborough Agency will collect for you revenues due from the marketing of any and all works covered by this agreement. Said revenues will be forwarded to you within fifteen days of receipt by the agency.

(This language authorizes your agent to act as your depository for monies earned. Tip—Learn when the reporting periods are for your publishers and be certain to check as to whether revenues are due.)

In consideration of Scarborough Agency’s representation, it will retain a fifteen percent commission of all revenues collected in the United States of America and twenty percent of all revenues collected from foreign sources.

(Standard fees for literary representation. Tip—Attempt to include the word “gross” as in gross revenues so there is no doubt of the amount

being commissioned. Tip—When dealing with theatrical agencies, the commission will be ten percent.)

When marketing your literary work, Scarborough Agency will incur certain out-of-pocket expenses including photocopying, postage, messengers, and overnight courier services. You agree to reimburse the agency for said expenses within ten days of billing. Any other expenses must be approved by you in advance. Scarborough Agency agrees to keep all expenses to a minimum.

(Specifies your responsibility to pay for out-of-pocket expenses. Tip—Insert “under one hundred dollars” after the word “expenses” in line four. This protects you against excessive overruns.)

This agreement is effective as of the date both parties have signed below. It will continue to be valid for a period of one year unless cancelled by either party with sixty days written notice.

(Details term of agreement. Tip—Stay away from any agreement longer than one year. Also—watch for language that continues agreement indefinitely subject to one party or the other canceling.)

Regardless of the cancellation by either party to this agreement, Scarborough Agency will continue its representation and collection of revenues for all works initiated or completed during the term of representation.

(Standard language protecting agency after cancellation of agreement. Tip—If possible, limit collection of revenue to five years.)

This agreement is binding under the laws of the State of ______. All parties agree that in the event of dispute, the matter shall be subject to arbitration under the auspices of the American Arbitration Association.

(Specifies mechanism for legal matters. Tip—Attempt to designate your state as venue.)

Agreed to by all parties designated below this ___ day of ____, ____.

____________

Maude Bonderbast, President Scarborough Literary Agency

____________

Author

Sample Publisher Agreement With

Legal Tips

(Tips—If you are offered a publishing agreement, hire an entertainment lawyer or utilize the services of a literary agent to represent you. They can best protect your interests. Regardless, familiarizing yourself with a publishing agreement can be helpful.)

Publishing Agreement:

This is an agreement between Author (hereafter referred to as “author”) and Afterlife Publishing Company (hereafter referred to as “publisher”) regarding the publication of the book titled, Guardians of the Heavens.

(Sets out parties to the agreement and subject matter.)

Author and Publisher agree:

The author will write for publication a book tentatively titled Guardians of the Heavens. To the publisher, the author grants all rights including but not limited to the exclusive right to publish, sell, create derivative works and distribute the book during the full term of the copyright and renewals thereof throughout the world and in all languages. The author reserves the electronic rights and the motion picture and television rights.

(Details the issuance of rights to book from author to publisher. Tip—Delete the words, “including but not limited to” if possible. This will prevent confusion. Also—If all rights are not being transferred, specify exact countries where publisher can market book. Also—It is important to reserve motion picture and television rights for later sale.)

The publisher shall have the right to copyright the book in the name of the author.

(Important that copyright remains in the name of the author. Tip—Never give up that right.)

The author will complete and submit to the publisher a manuscript of not more than 250 pages by ____. After the manuscript is accepted by publisher, it shall be published at the publisher’s own expense within eighteen months. The publisher reserves the right to prevent publication due to circumstances beyond its control. If they do not publish the book within eighteen months, all rights revert to the author.

(Details the conditions for publication including length of manuscript and due date. Also specifies period of time within which publisher can publish book. Tip—Attempt to shorten period of time for publication to one year or less. If possible, pin down publication date. Also—be certain that the reversion clause is included to protect your interests.)

Publisher will pay to the author an advance against royalties in the amount of $10,000. Half will be paid upon acceptance of the manuscript and half will be paid on the date the book is published.

(Sets terms for the advance to be paid to author. Tip—Attempt to obtain as much of advance as possible up front. Also—if possible, add clause specifying that no portion of the advance will be returned to the publisher if they do not publish book.)

Publisher will pay to the author royalties based on retail price of the book. The breakdown for such payments shall be: 10 percent of revenues produced by sale of 10,000 books, 12½ percent of revenues produced by the next 5,000 books, and 15 percent of revenues thereafter.

(Details standard revenue-sharing terms for most books. Tip—Attempt to negotiate “retail price” or “invoice price” as standard for measuring royalties. “Net revenues” will provide less money due to discounts.)

No royalties shall be paid to author on copies given to or purchased by the author, sample copies, damaged copies, returned copies, or copies given away for publicizing the work or to promote sales. Royalties on non-trade special sales may be independently negotiated with the mutual consent of the author and the publisher.

(Specifies books that will not be subject to royalties. Tip—Limit this category as much as possible.)

The publisher shall have the right to reserve a percentage of royalty payments, not to exceed 20 percent, in anticipation of copies of the works being returned by its customers. If the author has previously submitted to the publisher a work that was subsequently published by the publisher, then publisher has the right to combine royalty statements for multiple works written by the author for the publisher. If the author has purchased books from the publisher and has not paid the publisher’s invoice, the publisher may deduct the amount due on the invoice from the amount of the royalty due the author during any royalty payment period.

(Protection language for the publisher. Tip—Restrict the reservation amount as much as possible. Attempt to bring all revenues owed current after two years.)

Net proceeds derived from the disposition of “subsidiary rights” shall be divided equally between publisher and author. They include: digest, abridgment, condensation or selection, book club first and second serialization, reprint edition through another publisher, syndication, translation and foreign language book publication, publication in the English language outside the United States, the right to public display, the right to grant reprints and other uses to third parties, and all other rights and uses now known or hereinafter to become known.

(Sets out other potential sources for sale of book. Tip—Restrict this clause as much as possible. Delete general languages such as final phrase above concerning “all other rights.”)

The publisher will report on the sale of the work by providing royalty statements on a quarterly basis. All balances due author shall be paid at that time.

(Denotes publisher obligation regarding earnings statements. Tip—Even thought most publishers report twice a year, attempt to secure quarterly reporting.)

The author is responsible for submitting the manuscript (electronically/floppy disk, and hard copy) including a Table of Contents, Foreword, Epilogue, Appendix materials, and Bibliography. The author shall also submit suggested photographs applicable to the book. Publisher shall be responsible for all costs of printing the book, including the inclusion of photographs.

(Details materials to be submitted by author. Tip—Photographs can be expensive so make certain the cost is the responsibility of the publisher.)

The author warrants that he or she is the owner of the work and has full power and authority to copyright it and make this arrangement. He or she asserts further that the work does not infringe any copyright, trademark, trade secret, or other intellectual property, violate any property rights, or right of privacy, or contain any scandalous, libelous, or unlawful matter. The author agrees to defend, indemnify, and hold harmless the publisher against all claims, suits, costs, damages, and expenses that the publisher may sustain by reason of any scandalous, libelous, or unlawful matter contained or alleged to be contained in the work, or any infringement or violation by the work of any copyright or property right; and until such claim or lawsuit has been settled or withdrawn, the publisher may withhold any sums due to the author under this agreement.

(Asserts publisher’s rights if publication is challenged. Tip—publishers will insist on this clause. It will be a deal breaker.)

The publisher shall have the right to edit the work for publication, but the author shall have final approval of the text prior to release of the book. The author shall also have final right of approval over the cover art and text, back, front, inside front, and inside back, and the photographic insert, if any.

(Language re approvals. Tip—Many publisher agreements do not provide author with final approvals. Seek to gain this right.)

The publisher shall provide twenty-five copies of the book free to the author.

(Author free copies. Tip—Attempt to induce publisher to provide as many free copies as possible for give-aways as well as personal use.)

If the work is not in print for a period of six months or the publisher declares that the work is no longer worthy of print for continued sale, all rights revert to the author. He or she may purchase all remaining copies of the book at publisher’s cost. He or she may also obtain from publisher all plates, books, sheets, and photographs.

(Out of print circumstances. Tip—Require publisher to relinquish rights to book if it does not sell a certain amount of copies per year.)

The author agrees that during the term of this agreement he or she will not agree to publish a work on the same subject that will conflict with the sale of this book.

(Key terminology is “conflict with the sale of this book.” Tip—Make certain language is definitive regarding this point.)

The author agrees to submit his or her next work first to publisher for their evaluation. Publisher shall have thirty days to either agree to negotiate in good faith a publishing agreement or decline to do so.

(“Next book” language. Tip—Avoid if possible.)

The author agrees to provide publisher with an eight-by-ten snapshot. He or she also agrees to promote the book as requested by the publisher. This includes interviews for newspaper, radio, television, book signings, and other promotional events. Publisher shall be responsible for all expenses incurred by author to promote the book. Publisher agrees to expend $___ to promote and market the book.

(Sets out author obligation. Tip—Keep language as broad as possible. Attempt to bind publisher to expend x dollars to promote book.)

The author designates Sleepy Time Literary Agency as his or her author representative. All revenues due author and other correspondence with the agency shall be forwarded through its address at 345 Park Avenue, New York, New York 20002.

(Designates author’s literary representative.)

This agreement constitutes the entire agreement between the parties. It supercedes any oral or written proposals, negotiations and discussions. The agreement may not be altered in any form without the express, written consent of all parties to the agreement.

(Standard language)

This agreement is binding and shall inure to the benefit of the heirs, executors, administrators, or designees of the author and to the assigns of the publisher. The author may assign their rights under this agreement as they wish. The publisher cannot do so without the written consent of the author.

(Specifies future rights. Tip—If possible, do not permit the publisher to assign the rights to the book with your consent.)

This agreement shall be binding under the laws of the state of Massachusetts. Any and all conflict shall be first submitted to the American Arbitration Association.

(Provides guidelines re conflict resolution. Tip—Attempt to include languages providing your state as governing body for law.)

Signed this ____ day of ___, ____.

____________________

Scarborough Publishing Company

____________________

Author

Agent/Publisher Submission Record

Document: Book Proposal—Las Vegas, A Novel

(Tip—Prepare one sheet for each submission. Print and collect in loose-leave notebook marked “Submissions.”)

Submission Date – June 12, __

Agent/Publisher Information - Rosalie Thompkins Agency

56 West 57^th Street

New York, NY 20002

212-789-7890

RThompkinsAgency@aol.com

Contact at Agent/Publisher – Jeanette Furber, Agent

Four – Six Week Reaction – No response, telephoned agency. Spoke with Furber’s assistant. Proposal in stack to be read. Estimated time—two weeks.

Follow-up – 6/17—Furber’s assistant telephoned. Requested full manuscript. Forwarded by Fed Ex.

Revisions, if an ___________________________

___________________________

Decision – Hooray! Jeanette has agreed to represent book. Suggested revisions being forwarded.

Outcome – Revisions completed. Submitted to Jeanette. She submitted it to four publishers. Riverhead books’ offer accepted. Hooray again!

(Tip—First submit material to four or five literary agents. Follow-up, keep four to five in play at a time. If no positive response, then repeat process to selected editors at publishing companies. Continue process until successful, but keep good records for future use.)

Sample Collaboration Agreement

With Comments

(Tips—If you are asked to collaborate on a book, or wish to work with a collaborator on your book, hire an entertainment lawyer or utilize the services of a literary agent. Regardless, familiarizing yourself with a collaboration agreement can be helpful.)

Agreement

Eugene Fixbaker (“Fixbaker”) and Anne Spellbinder (“Spellbinder”)

hereby agree to collaborate on a book with the working title, Around The World In Twenty-Six Days (“work”) under the following terms and conditions:

(Sets out the parties and the book covered by the agreement.)

Fixbaker will provide research for the work and his writing expertise and Spellbinder her writing expertise and use of her literary agent to solicit interest in the work. The parties agree to collaborate on the text for the work with Fixbaker having final approval.

(Details the respective responsibilities of the parties and the contribution of each party. Tip—Be as specific as possible to avoid conflict.)

The work will be written in first person detailing travel tips for completing a trip around the world in twenty-six days. The length of the completed manuscript will approximate 250 pages. Spellbinder agrees to provide photographs from a recent trip abroad for the work.

(Specifies the theme of the book, the length, and one author’s responsibility to provide photographs. Tip—Book description essential. Make certain the parties understand clearly the book that is being written.)

The parties agree that an acceptable draft of the manuscript, subject to Fixbaker’s final approval, will be completed on or before September 1, ____. At that time, the manuscript will be submitted to Afterburner Literary Agency for evaluation by Spellbinder’s agent. Revisions shall be performed by the parties forthwith so that the manuscript and accompanying query letter can be submitted by the agent to selected publishers by October 1, ___.

(Details the completion date for the manuscript, one party’s right to approval, and a timetable for submission to the agent and potential publishers. Tip—Be realistic as to deadlines so that there is no rush to forward material before its time. You only get one shot with agents and publishers—make certain the material is the best of the best.)

The parties agree that they shall be fifty-fifty partners in the work. To that end, all expenses and any and all revenues from all sources for the work shall be shared. The parties designate Afterburner Literary Agent as their sole literary representative.

(Sets up financial arrangement between the parties. Tip—Essential to any agreement so there is no question of who gets what. Most collaborations are fifty-fifty but others may be tilted toward one party.)

Credits for the work shall read, “Around The World In Twenty Six Days” by Eugene Fixbaker and Anne Spellbinder. The parties agree to perform all services, including promotion and marketing of the book, under the auspices of any contract with a publisher. Fixbaker shall have final approval over the selection of the said publisher.

(Specifies credits for the respective authors and the right of one author to have final approval. Tip—Detailing credits is as important as the financial arrangements. Be clear so there are no misunderstandings and hard feelings. Also—providing one party with final approval provides solution when disputes arise.)

If the work is not acquired by a publisher, the parties agree to consider alternative means of publishing, including self-publishing. The parties agree to negotiate in good faith the particulars of such an endeavor. If no publisher is selected and self-publishing is not attempted, the parties agree to shelve the project for a one-year period of time. When that has expired, the parties agree that new submissions may be made, but if none are, the work becomes the property of Fixbaker.

(Provides out-clause in event manuscript is not publishable.)

The parties agree that all decisions made regarding the work shall be with the consent of the other subject to the approvals mentioned above. This agreement shall not be revised without the written consent of the parties. The parties agree that in the event of any disputes the law of Ohio shall govern and that said dispute shall initially be submitted to the American Arbitration Association for resolution.

(Covers boilerplate details regarding essential elements of the agreement.)

Signed this ____ day of ___, ____.

______________

Eugene Fixbaker

______________

Anne Spellbinder