Reprinted from archives of previous weblog
(I've had a couple of special requests to reprint this, so here 'tis:)
There seems to be a practice–not a common one, but employed often enough that I’m frequently asked about it–of a publisher negotiating with an author (or the author’s agent) an "exclusive" arrangement that entitles the house to publish the author’s entire body of work for a specific number of years. This includes an agreement on the author’s part to publish all works under his/her name exclusively with that house for the term of the contract(s). There are variations on this, but one of the most common agreements prohibits the author from publishing with any other house under her own name, and sometimes prohibits even using a pen name. One of the variations is that she can publish a certain number of works with a different house, but only if the works are published under a pen name.
Another–more reasonable–approach is an exclusive agreement, but one that doesn’t actually restrict the author from publishing elsewhere. It’s more open-ended in that the only restriction is that the author won't publish other works elsewhere if they would be "in competition" with her work at the original publishing house.
These agreements are usually accompanied by a fairly sizable advance up front, the commitment of an impressive marketing plan, and other benefits.
The question to me has almost routinely been–what do I think of these agreements?
I’ll try to keep this as brief as possible, both because you might not want to know in full what I really think about this practice, but also because this is the kind of issue that calls for a more involved, lengthy response than I have time to give and you have time to read.
Here’s the thing: all too often, authors working without reputable agents (yes, there are other kinds of agents) or who are fairly new to the publishing industry can be easily led in this direction by some very attractive promises on the part of the publisher: large advances; marketing plans that on paper would seem to say "how can this miss?"; enough perks to make even the most seasoned author’s head swim, etc. Besides–what possible reason could an author have for turning down an arrangement that virtually shouts "they love me. They really love me! They believe in me so much they want me to work only with them forever!"
It’s not my responsibility or my place to offer definite advice on this issue. What I will say, however, is based on my experience for over two decades in the publishing business, as well as on the experience of a number of other authors who have actually "been there, done that"–and who, without hesitation, warn others to be careful. Be very, very careful. Some possibilities to consider, especially if you’re working without an agent or if you’re fairly inexperienced in publishing:
Publishers seldom make this kind of offer simply to benefit an author they "like" and "believe in." Publishing is, after all, a business, and no successful business is run by contracts based solely on benevolence. There is something for the publisher in this kind of agreement or it wouldn’t be offered. That’s just common sense. Business sense, and every author needs to develop a healthy dose of both.
There is a great deal of turnover in the publishing business–including Christian publishing--just just as there is in any other business. That editor you can’t imagine working without today may not be there tomorrow. Sadly, that’s not much of an exaggeration. I’ve worked in houses–as have other authors--where everyone with whom I worked when I first signed on, with one or two exceptions, was gone in less than a year. This comes about through termination (yes, unfortunately that happens in CBA, too) or resignation or illness or in-house transfer or other circumstances. In truth, it happens frequently. And not only among editors. That marketing department that’s so in love with your work right now and is making a colossal effort to build you into a household word–well, if there are four in the department, you can almost depend on saying good-bye to at least two of them within the next couple of years or so, perhaps to the entire deparment.
Then there’s the matter of acquisitions. Over the past few years I’ve seen some impossible-to-predict transitions and acquisitions occur in CBA–events that no one would have ever thought possible. It’s just–business.
Along these same lines, what if your publisher is acquired by a house with an entirely different philosophy of fiction, one that you know you can never embrace, even if you’re "allowed" to keep writing within your brand?
Let’s say you’re writing romantic suspense today, and that’s the genre the publisher wants to market as your "brand." And let’s assume that you can’t, in your wildest imagination, believe you’ll ever want to write in any other genre. But what if: Two years from now God sets a story in your heart that you know you must write–and it has nothing to do with the romantic suspense genre that’s your brand–and your publisher refuses to entertain the idea of your departing from that brand, even for one book–and you’re in one of those arrangements that doesn’t allow you to write anywhere else? Enough said?
At some point, the Lord, who just may not care a whit about "brands" and genres and exclusive contracts, might have something He wants to say through your writing. But you’re not available. If not before then, that’s the moment when you’ll realize that you’ve dug a hole from which you can’t free yourself. And it could be a painful moment indeed. For that matter, what if another publishing house approaches you with a project that they really, really want you to develop? You know it’s "right" for you, it’s "made for you," but your present publisher won’t release you from your contracts or grant an exception to the exclusivity agreement.
Lest you think my "what-ifs" are too extreme to even consider, perhaps I should mention that every one of them is taken from events that have happened, and the near certainty, based on experience–my own and that of others–that they will undoubtedly keep right on happening.
Ah, you say, but my arrangement is different. It gives me the freedom to publish with whatever house I wish, so long as I use a pen name.
Listen–please. If you don’t hear anything else about this issue, hear this: if you’ve built even a small (but faithful) readership, or if you hope to do so, please remember that your readers, except in the beginning of your relationship, don’t buy title or publisher ...they buy your name. They buy you and your books. Readers don’t walk into a bookstore or go online and order the latest "Pink Hat Publishing House" title. If they can’t remember the title of your books–and that’s more common than we like to think–they can still buy or order or search for books by you. By your name.
Whatever you do, don’t sell your name. Don’t give any house, for any reason, the right to restrict your use of your own name. In the long run, that big up-front advance and all the juicy perks that go with it won’t be worth it. You will eventually pay too high a price. Just ... don’t.
As I mentioned earlier, there are more reasonable arrangements, ones not so detrimental to the author over the long haul. And I have no problem recognizing the worth or the benefits of some of them. My concern has to do with agreements that would have you selling yourself, and your name–and at least attempting to deprive you of the freedom to write what you want, when you want, and for whom you want. These arrangements are happening. I’ve had them pushed at me several times–and, yes, of course, I’ve been tempted--and if you haven’t yet, sooner or later you’ll likely have them offered to you. Let me just add one more thing: I will be forever grateful, for any number of reasons, now that I have the advantage of hindsight, that I continued to resist. I’ve heard the same from other authors–and, sorry to say, I’ve heard the regrets from those authors who didn’t resist.
There is much said about "publishing loyalty," and it’s sometimes used as leverage in these exclusive agreements. But loyalty is a two-way street. If you see your publisher trying hard for you, believing in you, doing the best job possible to market your work and take care of the publishing environment you need as a writer, aren’t you going to want to stay with that publisher? Won’t that kind of loyalty to you only naturally breed loyalty on your part to the publisher? An exclusive contract won’t build that kind of loyalty–but it’s been known to destroy what was already in existence.
No publisher is likely to deliberately set out to mislead authors or involve us in an arrangement that will be harmful to our careers. We do that to ourselves, by not being well-informed, by not making thoughtful, careful judgements, and by not seeking the expertise of a qualified agent or attorney if we’re in doubt as to what’s in our best interests.
Don’t ever be afraid to ... just say no. It will not wreck your career. In fact, it might even save it.
BJ