Even in regards to the article itself, since the writer is selling something. But she poses many questions writers should be asking themselves as they prepare to sign contracts, both with their advocate (agent) and with a publishing company.
Tuesday, May 10, 2011
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Thanks! Off to check that out.
ReplyDeleteYou should read all of her posts in that series as well. It's essential knowledge about the publishing industry for anyone looking to make a living from writing.
ReplyDeleteRusch and her husband, Dean Wesley Smith, both have a ton of experience in the industry and they no longer recommend that writers use agents at all.
It's certainly compelling, Sarah. I found it interesting about not using agents because I took a class last fall where the instructor provided a step-by-step path to self publication (and not digitally--the instructor wasn't interested in that market at that point in time).
ReplyDeleteWow. Just, wow. As an attorney, I took an oath to zealously represent the interests of my clients. If anything in my personal or business life might potentially conflict with what is best for a client, I have to disclose it and, most often, have to cease representation of that client. If I don't, I can be sanctioned or disbarred. Why don't literary agents have to take a similar oath? How is their role different from an attorney's?
ReplyDelete*Sigh* I guess I'll have to go over all my contracts with a fine-tooth comb. Bother.
At least you're already an attorney, Robin. While contracts may not be your expertise, you HAVE expertise. How many writers go into this kind of thing completely blind and trusting?
ReplyDeleteMy "expertise" mostly means that I'll be able to more quickly identify the parts that are confusing, and might be able to ask the right questions so that I'll understand it.
ReplyDeleteThe thing about the law is that, for every branch of it (and for every category of contract), there is a long history of case law defining the meaning of commonly used complex clauses. So you might read a clause and it might seem self-explanatory (or you might think it's easy to guess at the meaning), but what it really means is that you're giving away your first-born child. If you haven't read the case law, it's easy to guess wrong.
Bother upon bother. It's enough to make me want to train as an IP and entertainment lawyer. Which would likely require relocating to Cali or NY, which is NEVER gonna happen.
The problem is that agents are completely untrained and entirely unregulated. There is no license to be an agent there is no organization making sure that agents act ethically. As Dean Wesley Smith says, all you need to be an agent is stationary. And yet writers are always placing their futures, completely trusting, in the hands of strangers. These are business people, not your buddies, and they are going to look out for themselves. What's best for the writer is often not what's best for them.
ReplyDeleteAlso, you can traditionally publish without an agent. That's what DWS teaches on his site. It's not a question of getting an agent to traditionally publish or not getting an agent and having to self publish. Agents are entirely unnecessary but they don't want you to know that.
Very eye-opening article isn't it? I'm so glad I read it.
ReplyDeleteWow. Just wow!
ReplyDeleteYes Angie and The Words Crafter. Just like anything out there, get informed.
ReplyDeleteThis is far too scary of a story for me to have read before bed!
ReplyDeleteDonna I really like your posts! they are way awesome. I also like your notes on storymakers, wasn't it so much fun! I am so glad you are a part of AI now!! Did you make it to the mingle?? I am going to follow you! =0)
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