Book contract help

[Seabasket2]

Hi guys,

Been a while since I've been on the board. Used to post as "Seabasket" but couldn't remember my password, hence the new name.

Was wondering if someone could offer some advice. I have been working with a major publisher for a couple months on a project where I would be writing the autobiography of a MAJOR sports figure (credit would be "SUPERSTAR X with seabasket2" or something of the like). This book will guaranteed be a best seller on this person's star power alone. The publisher is sure of that. I wish I could say more but I can't.

At first I doubted it would happen because this person has been approached about doing a book many, many times and has always declined. But things have progressed and it looks like it may happen. Here's the tricky part: I have no agent and we are getting to the point where we are talking about money.

I have no idea what I should earn for this. This person may well get a 7-figure advance, but what should I get? And do I ask for royalties as well or just take a straight fee?

Hopefully someone here has done one of these types of books and can give me a general idea so I don't lowball myself. I guess I can get an agent pretty easily on this but I almost feel like he will not have earned this commission since I'd be handing it to him on a silver platter. Any and all help is appreciated.

 

[Moderator1]

pm swenk - she is a book agent and a very good one

but don't expect swenk or any other agent to help you for free. that's not fair to them

 

[Small Town Guy]

As Moddy said, paging SWenk.

I'd get an agent. He/she will earn his commission by navigating the contract and making sure you get what you deserve and aren't steamrolled by either the athlete or the publisher.

My wife is an agent and spent more than a year with a celebrity (and the celebrity's henchmen) trying to get a deal done with a publisher and the logistics were amazingly horrific, because it of course would have had a ghostwriter or co-writer so there were about four middle men, not to mention the two people on the contract. And I have a friend who's done a couple of books with athletes and he definitely had an agent to guide the way. But I'm not sure what the ultimate breakdown was for him with the advance and royalties.

 

[swenk]

Yo.

Happy to help if I can. Whatever you do, don't negotiate for yourself unless you really know what you're doing; there are so many details and ways you can be cheated without anyone intending to cheat you. Lots of ways to handle a deal like this without giving up a whole commission.

In 25 years of doing deals like this specifically for sports-related books, I have yet to see a writer get a large share of a large advance; they figure they're doing you a favor by letting you write it. Let them make an offer, and go from there. Don't be offended when it's ridiculously low, you can only go up. You're entitled to royalties; if they don't want to offer royalties, use that to bargain for more money up front.

Hint: Huge advances rarely earn royalties. Take your money up front.

Good luck, and if I can answer any questions the first three are free.

 

[Moderator1]

So don't call and say, "Hey, how are you??" Because that's one of the freebies.

 

[Seabasket2]

Well, this is why I came here. Quick results. Thanks, all.

Shari, would it be OK if I contact you? (Damn, one question down!) I will include more specific information, like my actual name.

 

[typefitter]

I am glad this thread has gone the way it has.

Because my only advice is: GET A ****ING AGENT.

Because an agent, like Shari, will make sure you don't, say, sign a deal for royalties off a million dollar advance, because then you will never see a penny.

So I guess I have a little more advice: ADVANCE, ADVANCE, ADVANCE.

But really, that's taken care of so long as you follow the first rule, which is, again: GET A ****ING AGENT.

 

[Small Town Guy]

I am glad this thread has gone the way it has.

Because my only advice is: GET A ****ING AGENT.

Because an agent, like Shari, will make sure you don't, say, sign a deal for royalties off a million dollar advance, because then you will never see a penny.

So I guess I have a little more advice: ADVANCE, ADVANCE, ADVANCE.

But really, that's taken care of so long as you follow the first rule, which is, again: GET A ****ING AGENT.

Or makes sure you don't give away film rights, which no one does. Except someone who doesn't have an agent. Back to hitting myself in the head.

 

[swenk]

Well, this is why I came here. Quick results. Thanks, all.

Shari, would it be OK if I contact you? (Damn, one question down!) I will include more specific information, like my actual name.

I'll PM you my info, feel free to get in touch even if you just want to talk through it. I think we have a discount for SJ-ers, but I think you need more than two posts to qualify. Better find that old password!

Separate note to all, because it's on my mind today: If you authored a book a while back and your publisher hasn't issued the title as an eBook, look at your contract and see if you're clear to do something with those rights on your own. Lots of opportunity out there.

 

[geddymurphy]

I am glad this thread has gone the way it has.

Because my only advice is: GET A ****ING AGENT.

Because an agent, like Shari, will make sure you don't, say, sign a deal for royalties off a million dollar advance, because then you will never see a penny.

So I guess I have a little more advice: ADVANCE, ADVANCE, ADVANCE.

But really, that's taken care of so long as you follow the first rule, which is, again: GET A ****ING AGENT.

I think this deserves repeating. And no, I'm not being sarcastic. Agents can save you from a lot of crap.

 

[Glenn Stout]

Agent, always, and generally better to get the agent involved earlier rather than later.

 

[Reuben Frank]

S.Wenk was an amazing resource for me when I was dealing with some issues with my publisher on my last book. Went wayyyy above and beyond the call providing me with good info and support.

She's great.

 

[friend of the friendless]

Sirs, Madames,

I've done some ghosting (re-)writing as well as fiction and non-fiction with my name on it. I had talks with one athlete about ghosting his autobiography last year and, though we couldn't piece it together, I came away from it of a mind that next time I don't want my name on it. Acknowledged in book, fine. But to tie myself to a public figure who might be disgraced or discredited or play with facts too freely is not worth the vanity pts of seeing my name on the cover. I know a couple of major ghosts who operate that way.

And get an agent. That should go without saying.

YHS, etc

 

[Double J]

swenk is my agent, and she's been awesome. So much so that my first three testimonials are also free.

 

[SoccerFan]

It seems odd that you're already working with a major publisher and an agent hasn't gotten involved yet. Typically editors at major houses don't deal directly with an author in most aspects of the process, and if the book has already attracted interest and has been hyped to the level you speak of, it seems you elicited such interest without an agent, which is rare but not unheard of. It sounds as if your subject is so high profile that he/she banged down the door and the major publishing house was happy to listen.

Assuming the amount of money is significant, an agent is the only way to go at this point. If an author already has a deal on the table, roles are reversed and agents do the salivating because much of the legwork has been done by the author since he/she received an offer from a publishing house on their own. I would be very selective with my agent since you should have the pick of the litter -- assuming everything you have said is accurate.

Get the best agent possible with a track record of securing the best financial terms. If your subject is that big time, I would imagine an agent would shop the proposal/book to multiple major houses to increase the likelihood of getting an even more lucrative deal than the one you're currently dealing with is considering to offer.

A great agent will maximize the leverage power you have been blessed with. Choose wisely.

 

[Liut]

Bump

Anyone ever dealt with AuthorHouse? They've sent me a contract proposal I'm going to get my attorney to look over. AuthorHouse has expressed repeated interest, but for all I know it's just a sales ploy.
Any and all advice would be appreciated.

 

[lantaur]

Never heard anything good about them. But aren't they a self-publisher? What kind of contract would they be sending you since you'd be paying for it? Also: 265 AUTHORHOUSE complaints and reviews @ Pissed Consumer

 

[typefitter]

Self-publishing—very, very occasionally—works out for some people, particularly early in their careers. Brandon Sneed self-published two books and now has a book coming out with HarperCollins. It's like a band putting out an indie record and then signing with a major. But I also know a woman who self-published here in town who has not sold a single copy of her book, and it's terrible to see. If you have a book that you think might sell, I would always recommend the traditional agent/publishing house route. If you just want to write a book and see it in print, or you're convinced that everyone in traditional publishing is wrong, then maybe self-publishing is the best option for you. Just think about it carefully. Writing a book is a no joke.

Aside from everything I've just written, as lantaur points out, AuthorHouse has the reputation of a toilet monster. Avoid.

 

[dixiehack]

So now I'm curious. Can we get a Seabasket3 to log in and tell us how the book turned out?