# Query: Literary Agencies



## Fine_Man42 (May 26, 2018)

What does a literary agency do, exactly? I have a few friends who work in publishing, but I think they just work at a publishing house instead of a literary agency.

If anyone has any info, please let me know.


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## Bayview (May 26, 2018)

Agents are the connection between writers and publishers.

My agent takes what I write, gives me suggestions for polishing, then sends it to various publishing houses, coordinates their interest (or lack thereof) and when the time comes, negotiates the contracts. This can get fairly complicated if she's dealing with publishers in a variety of countries, etc. She would also represent me (or at least, her firm would) if I got offers for film rights, etc.

Agents are also troubleshooters. If I'm having trouble with a publisher/editor, she steps in on my side.

She also serves an advisory function. She pays attention to what's going on in the industry and gives me suggestions about how to direct future writing. I can send her three outlines and she can tell me which of them will be easiest to sell.

Finally, through her contacts in the industry, she's able to send work my way. She doesn't just sell what I've already written, she puts me in contact with people who are looking for writers for various projects.

I think that's about it, although other agents may do more?


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## Pelwrath (Jun 12, 2018)

Perhaps this is just to simplistic a question for me but why would any agent, who's working hard at their job waste any time on someone like me and many others, who've never had any book published?

Yes, I've read the blurbs, they all like finding the next great talent. I get that but each statement comes across as "as long as they write like Clancy, Rowling or Butcher.


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## Jack of all trades (Jun 13, 2018)

Agents get a portion of the royalties as a commission. So they get paid if the book sells. Why would one take a chance on a new author? Because Clancy, et al already have agents. Besides, they need something to bring in money while the next smash hit is being (ghost) written. 

(I've read that a surprising number of best selling authors hire ghost writers to write for them. Don't know if it's true.)


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## Bayview (Jun 13, 2018)

An agent signs an author when the author sends the agent a book the agent thinks she can sell.  An agent won't sign an author if the agent doesn't think the book will sell.

So... if you show the agent a book that looks like it will sell, why _wouldn't_​ the agent sign you?


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## Pelwrath (Jun 13, 2018)

I’ll be a little pessimistic here. Because I’m unknown and almost unpublished. Besides the book , what is there to sign me.
They might do better by remembering the Basic story arc and giving it to one of there more established authors.


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## Bayview (Jun 13, 2018)

Pelwrath said:


> I’ll be a little pessimistic here. Because I’m unknown and almost unpublished. Besides the book , what is there to sign me.
> They might do better by remembering the Basic story arc and giving it to one of there more established authors.



I don't follow - giving _what _to their more established authors?


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## Pelwrath (Jun 13, 2018)

The story idea so they can have it.  My cousin, a lawyer, said for me to watch out for that and be careful with beta readers. He said that proof is hard to show. I’m unknown, so my ideas are more valuable that the actual story.


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## moderan (Jun 13, 2018)

Um, no. They have their own ideas. This is an amateur preoccupation based on egosim. Other people aren't going to steal your precious.


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## Bayview (Jun 13, 2018)

Pelwrath said:


> The story idea so they can have it.  My cousin, a lawyer, said for me to watch out for that and be careful with beta readers. He said that proof is hard to show. I’m unknown, so my ideas are more valuable that the actual story.



I really don't think this is a risk.


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## Jack of all trades (Jun 13, 2018)

Pelwrath said:


> The story idea so they can have it.  My cousin, a lawyer, said for me to watch out for that and be careful with beta readers. He said that proof is hard to show. I’m unknown, so my ideas are more valuable that the actual story.



It's true and not true.

A good author can take an idea and write something. It won't be the same as the original, because it's inspired, not copied. And a well known author will have an easier time selling it than an unknown.

But -- if your book is done well, and since the name guy can't just use it word for word, you still have a good chance of selling your book.

I'm not sure I agree with the thought that it's difficult to prove. If you can show that you have been working on the book for two years (random timeframe), and the other guy can't prove he started earlier than before you submitted it, then I think your case is won. Spending the money on a copyright cements a date that your book was written, too.

I used to worry about my ideas being stolen. But the more I write, the less I worry. If it came down to a court case, I have all the knowledge of why certain characters made certain choices, etc. 

The thing is, we're all inspired by various things, including other people's stories. Is it stealing to see a story and think of a way to do it differently? I do that. Am I a thief?


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## Pelwrath (Jun 13, 2018)

Thank you all for your replies. I'm less worried about agents now but My first experience with beta's(non-good friend/family) is still in my mind. Let two beta my story and haven't heard boo in over a year. That's where the story being stolen came from.


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## MjRearden (Jun 13, 2018)

"Ideas are a dime a dozen" is a phrase that is quite common within various forms of art, whether that be film making, game design, comics, or books. It's a phrase I myself had to come to realize when I had a spout of game-design mania a few years back.
The thing is that there's nothing new under the sun, even your "completely original" grandeur idea has most likely already been thought up by someone else at one point or another.
I mean this as no offence towards you, your story, or anyone here. I just felt it needed to be said.
What differents you from those who have written before you is your style, your story telling. What makes your writing, and ultimately your book, unique is you. Not the idea. 
These agents aren't looking for some new great idea, they are looking for talented writers who have spent a lot of time, and invested their hearts and minds, into creating a story that they can sell.

Sharing your idea, and moreover what you may consider your precious, is nerve-racking, as there's always the thought in the back of your mind of someone taking it and using it as their own or just flat out rejecting it as garbage. 

The same is for many beta readers, most just want to gain experience editing and giving feedback. 
However, if you want to do something to put your fears to rest, make a poor man's copyright. Simply put, mail a copy of your manuscript to yourself and lockit away without opening it. The date on the letter can be used if you have to go after someone for stealing your book you may have sent them to beta read.


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## Ralph Rotten (Jun 13, 2018)

For twenty bucks and the cost of shipping, you can file your manuscript at the USCopyright office. That's pretty ironclad for copyright. 
I used to do this then realized it was a waste of twenty bucks. 
I can actually use my Dropbox account to prove copyright; because it has version backups that stretch back to file creation. I can show you what a manuscript looked like a year ago.

Anyhow, digressing...I agree with BV and Moderan, publishers are not trying to steal your thoughts. Aliens may be, the government may be, but publishers couldn't care less. They're just looking for fresh products to stock the shelves.


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## Jack of all trades (Jun 14, 2018)

Ralph Rotten said:


> For twenty bucks and the cost of shipping, you can file your manuscript at the USCopyright office. That's pretty ironclad for copyright.
> I used to do this then realized it was a waste of twenty bucks.
> I can actually use my Dropbox account to prove copyright; because it has version backups that stretch back to file creation. I can show you what a manuscript looked like a year ago.
> 
> Anyhow, digressing...I agree with BV and Moderan, publishers are not trying to steal your thoughts. Aliens may be, the government may be, but publishers couldn't care less. They're just looking for fresh products to stock the shelves.



It must be at least six or seven years since you last purchased a copyright.  

I say if it buys peace of mind, it's worth it.


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## Jack of all trades (Jun 14, 2018)

Pelwrath said:


> Thank you all for your replies. I'm less worried about agents now but My first experience with beta's(non-good friend/family) is still in my mind. Let two beta my story and haven't heard boo in over a year. That's where the story being stolen came from.



Yeah. I had a couple bad beta reader experiences. But... ya gotta keep tryin', or else you might as well quit writing. 

Once you find a good beta reader, or two, keep them happy to keep reading and giving feedback. They're golden.


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## Jack of all trades (Jun 14, 2018)

The thing about a US copyright is you can't take someone to court over intellectual property theft without an official copyright. You can apply for one when (if) you actually need it, but you might have to pay extra to have the copyright process (which can take up to six months) rushed. The info on whether the court case can be heard before the process is complete is confusing. Some say yes, while others say no. All agree, however, that the copyright filing must be done before the court case filing.


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## Pelwrath (Jun 14, 2018)

Again, thankyou all. I’m on the paranoid side when all I should be is just cautious.


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## Jack of all trades (Jun 14, 2018)

Just to complete the copyright info for anyone interested, a few more points.

A copyright in the US a couple years ago cost $35 for a one author and one manuscript work, and $55 for joint writing and possibly a series (but I could be wrong about the series). If you pay with a credit card, there's a small fee, because the credit card transaction is handled by an external company, and not the US Copyright office. 

There's no need to print and mail the manuscript any more. In fact, that will cause a delay, if I recall correctly, in obtaining the copyright. It's electronic file transmission, these days, that's preferred.


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## Bayview (Jun 14, 2018)

Just for clarification - in any country that's a signatory to the Berne Convention (which most countries are) copyright exists as soon as the work is written down. The US has a bit of a weird system which acknowledges that authors have copyright without registration but nevertheless requires registration before the courts will do much to actually enforce the copyright.

In other countries, there's no need for registration.

But in just about every country, if you want the court to enforce your copyright you're going to need tens of thousands of dollars for legal fees, and the person/entity you're suing may or may not be financially viable enough to actually pay your court costs even if you win. For most of authors, registering copyright is a step in a direction it makes no financial sense to travel...


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## Jack of all trades (Jun 14, 2018)

Don't most publishers file for copyrights?


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## Bayview (Jun 14, 2018)

Jack of all trades said:


> Don't most publishers file for copyrights?



Register copyright on the author's behalf, you mean?

Yeah, I think most do. And at least some of them have deep enough pockets to follow through if there's need for court involvement. I was talking more about self-published stuff.


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## Jack of all trades (Jun 14, 2018)

Bayview said:


> Register copyright on the author's behalf, you mean?
> 
> Yeah, I think most do. And at least some of them have deep enough pockets to follow through if there's need for court involvement. I was talking more about self-published stuff.



Is it really on the author's behalf? Or the publishing company's?

If there is a dispute over something really big, there would be lawyers willing to take the case for a share of the award. They take the risk. It happened just recently with Star Trek and the Axanar lawsuit.


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## Bayview (Jun 14, 2018)

Jack of all trades said:


> Is it really on the author's behalf? Or the publishing company's?
> 
> If there is a dispute over something really big, there would be lawyers willing to take the case for a share of the award. They take the risk. It happened just recently with Star Trek and the Axanar lawsuit.



The publishing company doesn't hold copyright, not unless the company is VERY unethical and the author VERY gullible (or if the writing was work-for-hire). So there's no way for a publishing company to register copyright except for on behalf of the author.

And, yes, if there's enough money involved lawyers may work on a contingency basis, but also if there's enough money involved the author wouldn't NEED the lawyers to work on a contingency basis. But even if there's a lot of money involved, the defendant(s) may be judgment-proof, either due to being in a different jurisdiction where court orders won't be enforced or due to having insufficient assets. And if a law firm that was thinking about working on a contingency discovers that the defendant is judgment-proof, they'll likely stop working.

For the vast majority of authors, the cost of a copyright infringement lawsuit is prohibitive.


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## Ralph Rotten (Jun 16, 2018)

Bullets and adult diapers are cheaper than lawyers.


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