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	<title>Comments on: The Business Rusch: The Agent Clause (Deal Breakers 2012)</title>
	<atom:link href="http://kriswrites.com/2012/08/08/the-business-rusch-the-agent-clause-deal-breakers-2012/feed/" rel="self" type="application/rss+xml" />
	<link>http://kriswrites.com/2012/08/08/the-business-rusch-the-agent-clause-deal-breakers-2012/</link>
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		<title>By: Teri K</title>
		<link>http://kriswrites.com/2012/08/08/the-business-rusch-the-agent-clause-deal-breakers-2012/comment-page-1/#comment-15186</link>
		<dc:creator>Teri K</dc:creator>
		<pubDate>Mon, 13 Aug 2012 21:16:24 +0000</pubDate>
		<guid isPermaLink="false">http://kriswrites.com/?p=8992#comment-15186</guid>
		<description><![CDATA[R. Mac Wheeler, I was at a large international writing conference and several editors in major publishing houses said, &quot;We say only unagented submissions, but really we look at everything.&quot;

I have had no trouble getting editors in the major publishing houses to read my work.

I have worked with 8 agents over the past 20 years, and while once in a while they do sell something, I am convinced that Kris and Dean know what they are talking about. Agents are a trap for the unwary. They basically work for publishing houses as outsourced slush readers, serving to keep editors&#039; inboxes from becoming jammed. They work for themselves first, and publishing houses second, while being paid by the writer.]]></description>
		<content:encoded><![CDATA[<p>R. Mac Wheeler, I was at a large international writing conference and several editors in major publishing houses said, &#8220;We say only unagented submissions, but really we look at everything.&#8221;</p>
<p>I have had no trouble getting editors in the major publishing houses to read my work.</p>
<p>I have worked with 8 agents over the past 20 years, and while once in a while they do sell something, I am convinced that Kris and Dean know what they are talking about. Agents are a trap for the unwary. They basically work for publishing houses as outsourced slush readers, serving to keep editors&#8217; inboxes from becoming jammed. They work for themselves first, and publishing houses second, while being paid by the writer.</p>
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		<title>By: Kristine Kathryn Rusch</title>
		<link>http://kriswrites.com/2012/08/08/the-business-rusch-the-agent-clause-deal-breakers-2012/comment-page-1/#comment-15178</link>
		<dc:creator>Kristine Kathryn Rusch</dc:creator>
		<pubDate>Mon, 13 Aug 2012 19:17:32 +0000</pubDate>
		<guid isPermaLink="false">http://kriswrites.com/?p=8992#comment-15178</guid>
		<description><![CDATA[All publishers accept submissions. They don&#039;t dare not to. They have to look. (They don&#039;t want to miss the next Harry Potter.) Check out Dean Wesley Smith&#039;s blog, Killing The Sacred Cows of Publishing. Start with &lt;a href=&quot;http://www.deanwesleysmith.com/?p=357&quot; target=&quot;_blank&quot; rel=&quot;nofollow&quot;&gt;this one&lt;/a&gt;, but look at &lt;a href=&quot;http://www.deanwesleysmith.com/?page_id=860&quot; target=&quot;_blank&quot; rel=&quot;nofollow&quot;&gt;the TOC&lt;/a&gt; as well. Good luck!]]></description>
		<content:encoded><![CDATA[<p>All publishers accept submissions. They don&#8217;t dare not to. They have to look. (They don&#8217;t want to miss the next Harry Potter.) Check out Dean Wesley Smith&#8217;s blog, Killing The Sacred Cows of Publishing. Start with <a href="http://www.deanwesleysmith.com/?p=357" target="_blank" rel="nofollow">this one</a>, but look at <a href="http://www.deanwesleysmith.com/?page_id=860" target="_blank" rel="nofollow">the TOC</a> as well. Good luck!</p>
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		<title>By: R. Mac Wheeler</title>
		<link>http://kriswrites.com/2012/08/08/the-business-rusch-the-agent-clause-deal-breakers-2012/comment-page-1/#comment-15161</link>
		<dc:creator>R. Mac Wheeler</dc:creator>
		<pubDate>Mon, 13 Aug 2012 13:21:55 +0000</pubDate>
		<guid isPermaLink="false">http://kriswrites.com/?p=8992#comment-15161</guid>
		<description><![CDATA[I&#039;ve been subbing to agents for fifteen years...have quite the list over that period. After reading this thread, I have to research submitting directly to publishers.

Anyone know of particular good lists or references to publishers who accept submissions?

Thanks]]></description>
		<content:encoded><![CDATA[<p>I&#8217;ve been subbing to agents for fifteen years&#8230;have quite the list over that period. After reading this thread, I have to research submitting directly to publishers.</p>
<p>Anyone know of particular good lists or references to publishers who accept submissions?</p>
<p>Thanks</p>
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		<title>By: Teri K.</title>
		<link>http://kriswrites.com/2012/08/08/the-business-rusch-the-agent-clause-deal-breakers-2012/comment-page-1/#comment-15123</link>
		<dc:creator>Teri K.</dc:creator>
		<pubDate>Mon, 13 Aug 2012 02:24:30 +0000</pubDate>
		<guid isPermaLink="false">http://kriswrites.com/?p=8992#comment-15123</guid>
		<description><![CDATA[I typed this on a small keyboard with two fingers, and just noticed are lots of errors. Please excuse!]]></description>
		<content:encoded><![CDATA[<p>I typed this on a small keyboard with two fingers, and just noticed are lots of errors. Please excuse!</p>
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		<title>By: Teri K.</title>
		<link>http://kriswrites.com/2012/08/08/the-business-rusch-the-agent-clause-deal-breakers-2012/comment-page-1/#comment-15122</link>
		<dc:creator>Teri K.</dc:creator>
		<pubDate>Mon, 13 Aug 2012 02:21:44 +0000</pubDate>
		<guid isPermaLink="false">http://kriswrites.com/?p=8992#comment-15122</guid>
		<description><![CDATA[I can speak from personal experience. My agent left the agency and after some bad experiences with him, I didn&#039;t want to go.  My agency clause was with the agency, not him, so he couldn&#039;t take my contract with him without permission (which I refused.) 

Then the owner of the agency had a stroke and the word went out that someone had taken over as interim president. When I called I learned that the agency was going to be sold.

During the nailbiring weeks of what would happen with my contract, I learned to read an agency clause very very closely and I understaood the possible pitfalls (I&#039;m a lawyer licensed to practice in California, so I was able to figure out the wording even though contracts are not my area of practice.)

Long story: The agency released me. A few letters to the publisher got the agency clause removed from my contract. Double good luck:  This happened before the second half of my advance was paid, so my check was much larger than the first had been.

I learned my lesson. I found Laura Resnick&#039;s list of literary attorneys, researched them, and picked the one who seemed like the best match. I&#039;m on my own now, and much happier.

Kris, I wish all writers would listen to you. When you sign a contract, you are not imagining all the things that can go wrong. But agents leave, owners of agencies have strokes, agencies get sold.

Signing a contract is like saying &quot;I do&quot; at the altar. At that moment, you&#039;re not imagining the promises will fall apart. Actually, the analogy is perfect because marriage is also a contract. They go bad. A bad agency clause can cause years of headache.]]></description>
		<content:encoded><![CDATA[<p>I can speak from personal experience. My agent left the agency and after some bad experiences with him, I didn&#8217;t want to go.  My agency clause was with the agency, not him, so he couldn&#8217;t take my contract with him without permission (which I refused.) </p>
<p>Then the owner of the agency had a stroke and the word went out that someone had taken over as interim president. When I called I learned that the agency was going to be sold.</p>
<p>During the nailbiring weeks of what would happen with my contract, I learned to read an agency clause very very closely and I understaood the possible pitfalls (I&#8217;m a lawyer licensed to practice in California, so I was able to figure out the wording even though contracts are not my area of practice.)</p>
<p>Long story: The agency released me. A few letters to the publisher got the agency clause removed from my contract. Double good luck:  This happened before the second half of my advance was paid, so my check was much larger than the first had been.</p>
<p>I learned my lesson. I found Laura Resnick&#8217;s list of literary attorneys, researched them, and picked the one who seemed like the best match. I&#8217;m on my own now, and much happier.</p>
<p>Kris, I wish all writers would listen to you. When you sign a contract, you are not imagining all the things that can go wrong. But agents leave, owners of agencies have strokes, agencies get sold.</p>
<p>Signing a contract is like saying &#8220;I do&#8221; at the altar. At that moment, you&#8217;re not imagining the promises will fall apart. Actually, the analogy is perfect because marriage is also a contract. They go bad. A bad agency clause can cause years of headache.</p>
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		<title>By: L. M. May</title>
		<link>http://kriswrites.com/2012/08/08/the-business-rusch-the-agent-clause-deal-breakers-2012/comment-page-1/#comment-15108</link>
		<dc:creator>L. M. May</dc:creator>
		<pubDate>Sun, 12 Aug 2012 19:57:56 +0000</pubDate>
		<guid isPermaLink="false">http://kriswrites.com/?p=8992#comment-15108</guid>
		<description><![CDATA[Oooooo, a house. Wonderful choice! Congratulations!]]></description>
		<content:encoded><![CDATA[<p>Oooooo, a house. Wonderful choice! Congratulations!</p>
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		<title>By: Michael Kingswood</title>
		<link>http://kriswrites.com/2012/08/08/the-business-rusch-the-agent-clause-deal-breakers-2012/comment-page-1/#comment-15069</link>
		<dc:creator>Michael Kingswood</dc:creator>
		<pubDate>Sun, 12 Aug 2012 05:41:34 +0000</pubDate>
		<guid isPermaLink="false">http://kriswrites.com/?p=8992#comment-15069</guid>
		<description><![CDATA[I&#039;m with you, Laura.  Preaching to the choir, here.  :)

Regarding naming names, I guess it&#039;s just the vicious side of me looking forward to the luscious image of scoundrels being pilloried in the public square.  But yeah I can totally see the potential down-side of doing that, however enjoyable it may be in the short term.  :)

Right.  Back to productive work.  Always a pleasure.  :)]]></description>
		<content:encoded><![CDATA[<p>I&#8217;m with you, Laura.  Preaching to the choir, here.  <img src='http://kriswrites.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>
<p>Regarding naming names, I guess it&#8217;s just the vicious side of me looking forward to the luscious image of scoundrels being pilloried in the public square.  But yeah I can totally see the potential down-side of doing that, however enjoyable it may be in the short term.  <img src='http://kriswrites.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>
<p>Right.  Back to productive work.  Always a pleasure.  <img src='http://kriswrites.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>
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		<title>By: Kristine Kathryn Rusch</title>
		<link>http://kriswrites.com/2012/08/08/the-business-rusch-the-agent-clause-deal-breakers-2012/comment-page-1/#comment-15051</link>
		<dc:creator>Kristine Kathryn Rusch</dc:creator>
		<pubDate>Sat, 11 Aug 2012 19:17:01 +0000</pubDate>
		<guid isPermaLink="false">http://kriswrites.com/?p=8992#comment-15051</guid>
		<description><![CDATA[They were always desperate. It was a tough business to get traction in during the good old days. It&#039;s impossible now. I empathize, but my job is to help writers, and right now, having an agent hurts them. It doesn&#039;t help them.]]></description>
		<content:encoded><![CDATA[<p>They were always desperate. It was a tough business to get traction in during the good old days. It&#8217;s impossible now. I empathize, but my job is to help writers, and right now, having an agent hurts them. It doesn&#8217;t help them.</p>
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		<title>By: Kristine Kathryn Rusch</title>
		<link>http://kriswrites.com/2012/08/08/the-business-rusch-the-agent-clause-deal-breakers-2012/comment-page-1/#comment-15050</link>
		<dc:creator>Kristine Kathryn Rusch</dc:creator>
		<pubDate>Sat, 11 Aug 2012 19:16:19 +0000</pubDate>
		<guid isPermaLink="false">http://kriswrites.com/?p=8992#comment-15050</guid>
		<description><![CDATA[As I mentioned before, I left a list because &quot;everyone&quot; on that list knew what I was talking about without reading it, of course. And that&#039;s not fair. A number of people had read my stuff, and agreed, but weren&#039;t saying anything. I was given opinions I didn&#039;t know I had, and folks were certain I had said it, even though I never had. [sigh] It is easier to blame the messenger than it is to make changes in your life. I&#039;ve known that for years. And thank heavens I was a journalist, because there I learned that if you&#039;re not getting a response (good or bad) you&#039;re not making a difference.]]></description>
		<content:encoded><![CDATA[<p>As I mentioned before, I left a list because &#8220;everyone&#8221; on that list knew what I was talking about without reading it, of course. And that&#8217;s not fair. A number of people had read my stuff, and agreed, but weren&#8217;t saying anything. I was given opinions I didn&#8217;t know I had, and folks were certain I had said it, even though I never had. [sigh] It is easier to blame the messenger than it is to make changes in your life. I&#8217;ve known that for years. And thank heavens I was a journalist, because there I learned that if you&#8217;re not getting a response (good or bad) you&#8217;re not making a difference.</p>
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		<title>By: Craig Reed</title>
		<link>http://kriswrites.com/2012/08/08/the-business-rusch-the-agent-clause-deal-breakers-2012/comment-page-1/#comment-15044</link>
		<dc:creator>Craig Reed</dc:creator>
		<pubDate>Sat, 11 Aug 2012 18:18:45 +0000</pubDate>
		<guid isPermaLink="false">http://kriswrites.com/?p=8992#comment-15044</guid>
		<description><![CDATA[One of the twitter feeds I follow is for Writer&#039;s Digest, and one or two times a day, there&#039;s a tweet about an agent looking for clients. And every time I see one, I think, &quot;They&#039;re sounding desperate...&quot;

Craog]]></description>
		<content:encoded><![CDATA[<p>One of the twitter feeds I follow is for Writer&#8217;s Digest, and one or two times a day, there&#8217;s a tweet about an agent looking for clients. And every time I see one, I think, &#8220;They&#8217;re sounding desperate&#8230;&#8221;</p>
<p>Craog</p>
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