Category Archives: Agency Agreements

Agency Clauses in Publishing Agreements

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

The Forever Agency

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

Legal Issues In Agency Agreements

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

Q&A: Exclusive 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