An agency clause is a paragraph of legalese in your publishing agreement. It gives your agent the right to collect all royalties (including advances) directly from the publisher. The agent then deducts her commission from that amount, and sends the remainder to you. The agency clause isn’t required by your publisher — it has no … Continue reading Agency Clauses in Publishing Agreements
I’ve written before about the legal traps in some agency clauses inserted into publishing agreements. Recently, a New York appeals court upheld the lower court decision in Peter Lampack Agency v. Martha Grimes, et al, a case that interprets these clauses favorably for authors. First, some background. At one time, in a galaxy far far … Continue reading The Forever Agency
Many authors are unaware of legal issues in agency agreements that can be traps for the unwary unless their implications are fully understood. They come under three broad headings, what I call the Exclusive Agency, the Forever Agency. and the Powerful Agency: 1. The “Exclusive” Agency. Typically in an agency agreement, the author makes … Continue reading Legal Issues In Agency Agreements
For many writers the first milestone to publication is the holy Finding of The Agent. Agents have become the screeners and gatekeepers for major publishing houses, and receiving an offer of representation from an agent is certainly cause for celebration. At that magical time, you will be presented with your agent’s “standard” agreement for signature. The first … Continue reading The Agency Agreement
Q. I have an “exclusive” agreement with my agent. What does this mean? A. Typically in an agency agreement, the author makes the agent his “sole and exclusive representative” or grants an “exclusive agency.” This terminology often is misunderstood by agents and authors (and even some so-called publishing attorneys whose web sites I have visited!). … Continue reading Q&A: Exclusive Agency Agreement
Q. My agent hasn’t sold my novel, hasn’t made specific submissions I have requested, and has otherwise failed to represent me adequately. I have completed a second novel and wish to get a new agent, but my current agency agreement has a term of one year, with five months left. Can I terminate the agreement … Continue reading Q&A: Firing Your Agent