Dear O'Abby: Can I query publishers and agents at the same time?

 Dear O'Abby,

I've been querying agents for a few months with very little in the way of response, so I was thinking about starting to query publishers that don't require an agent too.  Is this okay to do?  I have found a bunch of publishers who accept unagented manuscripts and it feels like I'll save time if I query them at the same time as I keep querying agents.

Any advice would be gratefully accepted.

Regards,

Unagented

Dear Unagented,

Generally speaking it is not a good idea to query both publishers and agents at the same time.  But if you do, make sure you keep really good records of who you've queried and any responses you get so if you do end up signing with an agent, they don't waste their time submitting your book to a publisher who has already rejected it.

Most, but not all,  publishers who accept unagented manuscripts are small presses, so think hard about what you actually want out of your writing career before you start going down this path.  And do your research before blindly submitting to a publisher that offers ebook only publishing when your dream is to see your book on library and bookstore shelves.

And whatever you do, don't go into submitting to publishers because you think it's a shortcut to getting agent interest if you get a bite.  It rarely works that way as agents prefer to submit books to editors they know and who have a track record with a specific type of book.  Also, agents only get paid when you do, so there isn't a lot in it for them if you've already started contract negotiations.

Which brings me to another point -  contracts.  Publishing contract can be tricky and unless you have the expertise, you could end up signing something that isn't in your best interests.  Better to leave that to an agent who has experience both in reading and negotiating publishing contracts.

So while you can submit to both at the same time, I would strongly advise against it.  I know publishing is slow and that waiting to hear back on queries can be agonising, so my best advice is to get on with writing your next book while you're playing the waiting game.  

Best of luck!

X O'Abby

Dear O'Abby: Can I Use a Pen Name to...

Dear O'Abby,

I read your piece about pen names last week with interest.  I have been toying with the idea of using a pen name because I am currently contracted to a publisher I'm not enjoying working with.  The contract I signed gives them the right of first-refusal on all my future books, but I don't really want to give them any more of my books.  Can I use a pseudonym to query agents or submit a new book to different publishers?

Yours,

Changing


Dear Changing,

Please do not do this.  It is dishonest and will likely land you in a world of legal trouble further down the track.

It sounds to me like you have a bigger problem here than choosing whether or not to use a pen name, and rather than trying to avoid that problem, you need to face it head on.  If you're unhappy with your publisher, you need to let them know that.  It may be that by opening the lines of communication, whatever your issues are with this publisher, you may be able to resolve them.

If not, then you need to terminate your contract with this publisher.  Only once this has been done can you offer your books, whether written under your own name or a pseudonym, to another publisher.

Using a pen name to try and avoid fulfilling a legal contract will never work because even if you do write and publish under a different name, any contracts will need to be signed using your legal name.  Royalties will be paid to an account associated with your legal name, even if you set up a separate 'trading as' account for your alter ego.  Even legally changing your name to match your pen name (which is a fairly extreme step to take) will leave a paper trail leading back to you.

Better to be honest and upfront with your publisher, get your grievances out in the open and move on with your career and your reputation intact.  And your name, which if you have already published books, may have a following you don't want to lose.

Best,

O'Abby

Dear O'Abby - I think my publisher is going under

Dear O'Abby,

I've been with a small press for three books now, with my fourth supposed to be published last month.  They have always been really responsive, but recently my emails have not been answered, my release date has come and gone without my book showing up on any vendor sites and I didn't receive any royalty statements for the last quarter.

I've heard about other small presses going under, and these seem like alarm bells to me.What is your advice?

Regards,

Frightened


Dear Frightened,

You're right to feel nervous.  Those things set the alarm bells off in my head too.  It upsets me when I hear stories like this.  My first publisher closed its doors a few years back, but it was very civilized and within a couple of days of the announcement, I had a letter stating my rights had reverted and all final royalties were paid within a month or two.

Are you in touch with any other authors who are with this press?  If so, I suggest you contact them and ask if they are getting the same treatment.  One missed royalty statement could be a mistake, or it could have disappeared into your spam and been deleted by accident.  If lots of authors are missing statements it points to there being a problem.  Especially when added to the missed release day.  Although there could be a good reason for this too.

If other authors are unhappy and frustrated too, and no one is receiving replies to communication, I would suggest all is not well with your publisher.

You should also read over your contract.  There should be a clause in there about what happens if the company becomes insolvent.  There should also be a clause regarding termination and how to go about it if you decide you wish to cancel your contracts with this publisher and get the rights to your work back.

Unfortunately, your publisher needs to respond for you to be able to exercise this.

It may be that this is just a bump in the road.  Some small presses work with a skeleton team behind the scenes and it only takes one person to be out with the flu for a couple of weeks to throw everything off kilter for a while.  But if the pattern continues and new books aren't releasing on time or at all, emails continue to be ignored and royalties are not being reported or paid, you may need to get legal advice.

Even if you never manage to recover the missing royalties, you will want to get the rights to your work back so you can find new homes for your books.

I have my fingers crossed that this works out for you.  Do let us know...

X O'Abby

Another Spin of the Wheel

Many blog posts have come and gone while I have waited to share this news, and now I finally can. From Publishers Marketplace:

Kell Andrews’s DEADWOOD, when an ancient tree sends a message through carvings in its bark, seventh graders must break a code and a curse to save their doomed town…because the message isn’t just about the tree, to Jennifer Carson at Spencer Hill Press, by Kathleen Rushall at Marsal Lyon Literary Agency.

Woohoo! A new contract for my debut novel, DEADWOOD. But yes, DEADWOOD was contracted before. As one of my friends quipped, it's a book so nice I sold it twice.

I wrote about the story on my blog here -- how I took a chance on a new small press, and how even though the publisher folded, the chance still worked out for the best. My wonderful editor Jennifer Carson offered me a new contract at Spencer Hill Press, where she is now senior editor.

I took a good chance. But you know what? It was a good chance even before I got the new contract. I'm really proud that I put my book through a small press, even thought I knew it was a risk.

Certainly all small presses aren’t the same. There is a wide range in the category — new and old, tiny and mid-size, traditional, e-only, and POD. Some offer advances, and some don’t. Some are genre specialists, and others are literary fiction vanguards. Some are open to unagented submissions, and some are closed. Some have great bookstore distribution, and others sell chiefly online. There is a range of quality in acquisitions, editing, marketing, and covers, from the highest standards to strictly amateur. Inevitably, some will grow into the big presses of the future (look at Spencer Hill!), and others will disappear. Yep, a lot of them will disappear.

So I did my research. I had realistic expectations. And most importantly, I had a fair contract and I was working with people I trusted.

And lucky me -- I still am. I get work with Jenn again, and my middle-grade contemporary fantasy will reach new readers when the new edition is re-released by Spencer Hill, a fast-growing, dynamic publisher with greater reach and distribution than before.

Ready for another spin of the wheel...

Freedom, Deadlines, Contracts, and Obligations

I was asked to submit to a project, and boy, I love having an assignment. I love having parameters. I love working within limitations.

I'm not under contract -- I'm still writing under spec and my piece may not be chosen. But it's lovely to begin with a set of requirements instead of a blank page. I work best with a deadline -- I always have. That's when I stop dithering and get to work. Self-motivation is not my middle name.

That's why for many, projects like National Novel Writing Month work so well. If you need a deadline, give yourself one, in a very public way with plenty of support and accountability. A critique group can serve the same purpose.

On the other hand, I've never tried to draft a novel under contract, and from observing my friends, that's a whole other beast. Some of them get into the flow and manage to productivity that amazes me. Others find their creativity withering under the obligation.  Plot holes loom. Words stick. It feels like typing underwater.

I've also had friends succeed at writing work for hire and development projects, while others turn it down. Writing work for hire can be tremendously creative, satisfying work for someone who thrives on frameworks and deadlines, while it can seem like drudgery for those who need to work in the open. They burst with shiny new ideas that must shine in the corner, unattended. They long for the freedom to write whatever they want.

Do you work best with freedom or limits? How does your creative process differ when you're self-motivated, versus writing under contract or deadline? How do you create accountability that motivates you to keep going?