As a lawyer who has helped writers solve contractual problems, I have seen many agent contracts and developed a sense of how to guide writers through the process. The agency will be the official agent for the revenue-generating term of the project, irrevocably retaining 15% of all revenues relevant to the project sold. The agency commission due also applies to all sales of project affiliation rights, whether sold by the agent, author or publisher. In the event that the agency uses a sub-agent and the sub-agent is entitled to a commission, the agency`s commission for this is 10%, and the sub-agent`s commission is not more than 10%. This is the sole agreement between the Author and the Agency and supersedes all prior written or oral statements, promises or agreements. No modification, modification or waiver of any right under this Agreement shall be deemed effective unless signed in writing by the party. This Agreement binds and benefits the parties and their respective legal representatives, heirs, distributors, successors and authorized assigns. If any provision of this Agreement is legally unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. To guide you through the negotiation process and enter into a mutually acceptable contract between you and your agent, learn what you need to know about the terms of a standard agency contract.
Usually, an agency contract is simply a letter (one page or several pages, an email, or a hard copy) that the agent and author will eventually sign. However, in some states, a written agreement is not required to establish an agency relationship. Verbal agreements can bind the agent and the author. In order to avoid ambiguities or inconsistencies, the policy is always recommended for contracts. We lawyers like it to be written. Many agency clauses (and agreements) state that there is “an agency associated with an interest.” This sentence should be deleted, because if the agency relationship is really an “agency paired with an interest”, then the relationship would be irrevocable. In fact, almost all agency clauses are revocable by the author, and courts and legal commentators agree that simply inserting language into an agency contract or a clause stating that it is an “agency with an interest” does not create an unbreakable relationship unless the agent actually has an interest in the author`s work, apart from the simple right to receive commissions. Tip: Include a liability clause in the contract. This requires the agent to regularly report and document efforts on your behalf. Are you looking for a literary agent? What questions do you have about what should be in your contract? Recommendations The agreement generally refers to only one work (except in the case of multi-book agreements), and that work should be defined as precisely as possible – at least by its subject matter and, if possible, by its provisional title. Recommendations If the agency does not provide the author with a written agency contract, it is best to ask one of them to ensure that all the conditions are understood and agreed.
If the Agency does not submit a contract and insists on relying on a clause of the Agency, the Author should, before appealing to the Agency, request to review and approve the clause used by that Agency in the contracts it negotiates. It is best to do this by email in order to have a written record and confirm that you accept the terms so that there is a legally binding agreement. Tip: Limit the payment rights to the minimum usually required for a publishing contract: Audio, Foreign, First and Second Series. If things are going well or if a publishing contract requires it, you can extend the contract with the agent at any time. Thanks for the article, it helped clarify a few things! While I had been talking to my potential agent for a long time, I always wanted to make sure he wasn`t there to take advantage of me. If you`re not sure what something means, trust your instincts and ask for more information. If your future agent gives you a very clear explanation of what a particular phrase means for your career, then you may feel comfortable moving on. However, you may want to ask a literature lawyer to review your literary agency contract to make sure you`re protected.
An author must be able to terminate the agency contract if he does not make every effort or if he concludes a print publication contract and then chooses to “sit down” or not actively seek the remaining rights in the contract. Make sure this agent is right for you by asking questions as suggested by the Authors` Representatives Association, an agent member organization. Now let`s move on to question #2. . When you receive an offer from an agent, is it rude to tell other agents who wanted to see samples of your work that you have already selected someone? or should I give them the chance to make an offer too? For my book, I would like to sign with a literary agent. The agent can help me publish my book. I am willing to sign a contract with the agent so that I can send my book to the agent. I wrote a book “Slave Island” in Papua New Guinea. I wish you to help me and publish my book. This clarity is especially important for a non-fiction author.
If your book is about the passion or expertise of your life, you don`t want to be tied to a contract where you have to pay the agent from that point on at a percentage of everything you do, write or say about that passion. On the one hand, representation by a new agent (or an agent new to a genre) can benefit from their unbridled enthusiasm. On the other hand, she may not have the necessary contacts to sign a publishing contract. This Agreement shall be governed by the laws of the State [Insert State of the Literary Agency]. Best Efforts means that the agent will work on your behalf to obtain a publishing agreement. But without describing the details, the best effort clause is toothless. The contract should describe what the agent will do: Your literary agent has a “standard” contract (like this model literary agent contract). But if you`re not comfortable with a concept or terminology, don`t hesitate to ask for changes. Most literary agents expect you to ask for one or two changes.
So, before you sign a contract with a literary agent, make sure you know what you`re getting into. We could spend a lot of time talking about the infinite details of a literary agency contract. There are many books available to authors on intellectual property rights and agreements in the publishing industry. Ideally, your literary agent will be part of your team and look after your interests. But it`s always good to get professional legal advice when so much is at stake. Examples of literary agent contractual clauses are listed below – all the clauses you can expect in your literary agent contract. .