When the Deal is Done

by Jeff Herman

How To Thrive After Signing a Publishing Contract

Congratulations! You've sold your book to an established publishing house. You've gained entry to the elite club of published authors. You'll discover that your personal credibility is enhanced whenever this achievement is made known to authors. It may also prove a powerful marketing vehicle for your business or professional practice.

Smell the roses while you can. Then wake up and smell the coffee. If your experience is like that of numerous other writers, once your book is actually published, there's a better-than-even chance you'll feel a bit of chagrin. Some of these doubts are apt to be outward expressions of your own inner uncertainties. Others are not self-inflicted misgiving -- they are most assuredly ticked off by outside circumstances.

Among the most common author complaints are: (1) Neither you nor anyone you know can find the book anywhere. (2) The publisher doesn't appear to be doing anything to market the book. (3) You detest the title and the jacket. (4) No one at the publishing house is listening to you. In fact, you may feel that you don't even exist for them.

As a literary agent, I live through these frustrations with my client every day, and I try to explain to them at the outset what the realities of the business are. But I never advocate abdication or pessimism. There are ways for every author to substantially remedy these endemic problems. In many cases this means first taking a deep breath, relaxing, and reaching down deep inside yourself to sort out the true source of your emotions. When this has been accomplished, it's time to breathe out, move out and take charge.

What follows are practical means by which each of these four most common failures can be preempted. I'm not suggesting that you can compensate entirely for what may be a publisher's defaults; it's a tall order to remake a clinker after the fact. However, with lots of smarts and a little luck you can accomplish a great deal.

A Philosophy to Write By

Let me introduce a bit of philosophy that applies to the writer's life, as well as it does to the lives of those who are not published. Many of you may be familiar with the themes popularized by psychotherapists, self-awareness gurus, and business motivators that assert the following: To be a victim is to be powerless -- which means you don't have the ability to improve your situation. With that in mind, avoid becoming merely an author who only complains and remains forever bitter.

No matter how seriously you believe your publisher is screwing up, don't fall into the victim trap. Instead, find positive ways to affect what is or is not happening for you.

Your publisher is like an indispensable employee whom you are not at liberty to fire. You don't have to work with the publisher the next time, but this time it's the only one you've got.

There are handful of perennially bestselling writers, such as John Grisham, Anne Rice, Mary Higgins Clark, and Michael Crichton, whose book sales cover a large part of their publisher's expense sheet. These writers have perhaps earned the luxury of being very difficult, if they so choose (most of them are reportedly quite the opposite).

But the other 99.98 percent of writers are not so fortunately invested with the power to arbitrate. No matter how justified your stance and methods may be, if you become an author with whom everyone at the publishing house dreads to speak, you've lost the game.

The editors, publicists, and marketing personnel still have their jobs, and they see no reason to have you in their face. In other words: Always seek what's legitimately yours, but always try to do it in a way that might for you, as opposed to making yourself persona non grata till the end of time.

Attacking Problem No. 1: Neither You Nor Anyone You Know Can Find the Book Anywhere

This can be the most painful failure. After all, what was the point of writing the book and going through the whole megillah of getting it published if it's virtually invisible?

Trade book distribution is a mysterious process, even for people in the business. Most bookstore sales are dominated by the large national and regional chains, such as Walden-books, B. Dalton, Barnes & Noble, and Crown. No shopping mall is complete without at least one of these stores. Publishers always have the chain stores in mind when they determine what to publish. Thankfully, there are also a few thousand independently owned shops throughout the country.

Thousands of new titles are published each year, and these books are added to the seemingly infinite number that are already in print. Considering the limitations of the existing retail channels, it should be no surprise that only a small fraction of all these books achieves a significant and enduring bookstore presence.

Each bookstore will dedicate most of its visual space to displaying healthy quantities of the titles it feels are safe sells; books by celebrities and well-established authors, or books that are being given extra-large printings and marketing budgets by their publishers, thereby promising to create demand.

The rest of the store will generally provide a liberal mix of titles, organized by subject or category. This is where the backlist titles reside and the lower-profile newer releases try to stake their claims. For instance, the business section will probably offer two dozen or so sales books. Most of the displayed titles will be by the biggest names in the genre, and their month-to-month sales probably remain strong, even if the book was published several years ago.

In other words, probably hundreds of other sales books were written in recent years that, as far as retail distribution is concerned, barely made it out of the womb. You see, the stores aren't out there to do you any favors. They are going to stock whatever titles they feel they can sell the most of. There are too many titles chasing too little space.

It's the job of the publisher's sales representative to lobby the chain and store buyers individually about the merits of her publisher's respective list. But here, too, the numbers can be numbing. The large houses publish many books each season , and it's not possible for the rep to do justice to each of them. Priority will be given to the relatively few titles that get the exceptional advances.

Because most advances are modest, and since the average book costs about $20,000 to produce, some publishers can afford to simply sow a large field of books and observe passively as some of them sprout. The many that don't bloom are soon forgotten, as a new harvest dominates the bureaucracy's energy. Every season, many very fine books are terminated by the publishing reaper. The wisdom and magic these books may have offered are thus sealed away, disclosed only to the few.

I have just covered a complicated process in a brief fashion. Nonetheless, the overall consequences for your book are in essence the same. Here, now, are a few things you may attempt in order to override such a stacked situation. However, these methods will not appeal to the shy or passive:

Make direct contact with the publisher's sales representatives. Do to them what they do to the store buyers -- sell 'em! Get them to like you and your book. Take the reps near you to lunch and ballgames. If you travel, do the same for local reps wherever you go.
Make direct contact with the buyers at the national chains. If you're good enough to actually get this kind of access, you don't need to be told what to do next.
Organize a national marketing program aimed at local bookstores throughout the country.

There's no law that says only your publisher has the right to market your book to the stores. (Of course, except in special cases, all orders must go through your publisher.) For the usual reasons, your publisher's first reaction may be "What the hell are you doing?" But that's okay; make the publisher happy by showing her that your efforts work. It would be wise, however, to let the publisher in on your scheme up front.

If you publisher objects -- which she may -- you might choose to interpret those remarks simply as the admonitions they are, and then proceed to make money for all. The last observation leads to ways you can address the next question.

Attacking Problem No. 2: The Publisher Doesn't Appear to Be Doing Anything to Market the Book

If it looks as if your publisher is doing nothing to promote your book, then it's probably true. Your mistake is being surprised and unprepared.

The vast majority of published titles receive little or no marketing attention from the publisher beyond catalog listings. The titles that get big advances are likely to get some support, since the publisher would like to justify the advance by creating a good seller.

Compared to those in other Fortune 500 industries, publishers' in-house marketing departments tend to be woefully understaffed, undertrained, and underpaid. Companies like Procter & Gamble will tap the finest business schools, pay competitive salaries, and strive to nurture marketing superstars. Book publishers don't do this.

As a result, adult trade book publishing has never been especially profitable, and countless sales probably go unmade. The sales volumes and profits for large, diversified publisher are mostly due to the lucrative -- and captive -- textbook trade. Adult trade sales aren't the reason that companies like Random House can generate more than $1 billion in annual revenues.

Here's What You Can Do:
Hire your own public relations firm to promote you and your book. Your publisher is likely to be grateful and cooperative. But you must communicate carefully with your publishing house.

Once your manuscript is completed, you should request a group meeting with your editor and people from the marketing, sales, and publicity departments. You should focus on what their marketing agenda will be. If you've decided to retain your own PR firm, this is the time to impress the people at your publishing house with your commitment and pressure them to help pay for it. At the very least, the publisher should provide plenty of free books.

Beware of this common problem: Even if you do a national TV show, your book may not be abundantly available in the bookstores that day -- at least, not everywhere. An obvious answer is setting up 800 numbers to fill orders, and it baffles me that publishers don't make wider use of them. There are many people watching Oprah who won't ever make it to the bookstore, but who would be willing to order them with a credit card. Infomercials have proved this.

Not all talk or interview shows will cooperate, but whenever possible you should try to have your publisher's 800 number (or yours) displayed as a purchasing method, in addition to the neighborhood bookstore. If you use your own number, make sure you can handle a potential flood.

If retaining a PR firm isn't realistic for you, then do your own media promotions. There are many good books in print about how to do your own PR. (A selection of relevant titles may be found in this volume's "Suggested Resources" section.)

Attacking Problem No.3: You Detest the Title and Jacket

Almost always, your publisher will have final contractual discretion over title, jacket design and jacket copy. But that doesn't mean you can't be actively involved. In my opinion, you had better be. Once your final manuscript is submitted, make it clear to your editor that you expect to see all prospective covers and titles. But simply trying to veto what the publisher comes up with won't be enough. You should try to counter the negotiation with positive alternatives. You might even want to go as far as having your own prospective covers professionally created. If the publisher were to actually chose your version, the house might reimburse you.

At any rate, don't wait until it's after the fact to decide you don't like your cover, title, and so forth. It's like voting: Participate or shut up.

Attacking Problem No. 4: No One at the Publishing House Seems to Be Listening to You

This happens a lot -- though I bet it happens to certain people in everything they do. The primary reasons for this situation are either (1) that the people you're trying to access are incompetent; (2) that you're not a priority for them; or (3) that they simply hate talking to you. Here are few things you might try to do about it:

If the contact person is incompetent, what can that person really accomplish for you anyway? It's probably best to find a way to work around this person, even if he begins to return your calls before you place them.
The people you want access to may be just too busy to give you time. Screaming may be a temporary remedy, but eventually, they'll go deaf again. Obviously, their time is being spent somewhere. Thinking logically, how can you make it worthwhile for these people to spend more time on you? If being a pain in the neck is your best card, then perhaps you should play it. But there's no leverage like being valuable. In fact, it's likely that the somewhere else they're spending their time is with a very valuable author.
Maybe someone just hates talking to you. That may be this person's problem. But, as many wise men and women have taught, allies are better than adversaries. And to convert an adversary is invaluable. Do it.

Conclusion

This essay may come across as cynical. But I want you to be realistic and be prepared. Many publishing success stories are out there, and many of them happened because the authors made them happen.

For every manuscript that is published, probably a few thousand were rejected. To be published is a great accomplishment -- and a great asset. If well tendered, it can pay tremendous dividends.

Excerpted from Writer's Guide to Book Editors, Publishers, and Literary Agents 2003-2004 by Jeff Herman (Prima Press, 2002). Copyright © 2003 by Jeff Herman. All Rights Reserved. Reprinted with permission.

Photo of Jeff Herman **Literary agent Jeff Herman founded The Jeff Herman Agency, LLC, in 1987 while still in his twenties. The agency has expanded rapidly since then, and has sold more than 350 titles. Herman's agency has established a strong presence in general adult nonfiction, including business, reference, commercial self-help, computers, recovery/healing and spirituality. Herman's notable clients include bestselling authors Dave Pelzer, Jack Canfield, and Mark Victor Hansen, authors of Chicken Soup for the Soul, the #1 New York Times bestseller, and football great Joe Montana. Herman speaks throughout the country about how to get published. He has been written about in many books and publications, including Success, Entrepreneur, and Publisher's Weekly. He has appeared on numerous television and radio shows. Herman graduated from Syracuse University with a Bachelor of Science degree in consumer economics. He is a member of the Association of Author Representatives and the National Speakers Association.

Known as one of the most dynamic and innovative agents in the business, Herman is also the author of the annual bestselling book, the Writer's Guide to Book Editors, Publishers and Literary Agents 2003-2004 (Prima Publishing), You Can Make it Big Writing Books (Prima Publishing), and Write the Perfect Book Proposal: 10 That Sold and Why, 2nd Edition (John Wiley).

Return to the April 2003 issue of The IWJ.