Literary Agency Agreement Sample

Literary Agency Agreement Sample

9. NOT OF WARRANTIES: The author acknowledges that the Agency does not purchase literary property and cannot guarantee or guarantee the sale of the work or other works that are covered by this Contract. The author acknowledges that there may be other works on the market that resemble the work and that neither the Agency, its collaborators, nor your successors, nor the beneficiaries of the assignment can be responsible for the existence of these competing works. The Agency has the right to present similar content as long as the representation does not directly intervene in the efforts made on behalf of the plant. At the author`s choice, works submitted for representation may be registered with the United States Copyright Office, although it is customary for the publisher to receive copyright on behalf of the author when the work has become a viable commercial property under a legally binding contract. The author agrees to inform the Agency if such copyright is acquired. The agency clause An agency clause (often added to publication and other licensing contracts) can also define the terms of the relationship between the author and the agent. Such clauses as a rule: Many agency clauses (and agreements) stipulate that there is “an agency linked to an interest.” This sentence should be deleted, because if the agency relationship is really an “agency coupled with interest,” then the relationship would be irrevocable. Indeed, almost all agency clauses are revocable by the author, and the courts and legal commentators agree that simply enroling a language in an agreement or agency clause specifying that it is an “agency of interest” does not create an unbreakable relationship, unless the agent is genuinely interested in the author`s work, other than the simple right to obtain commissions.

An agent`s goal is to obtain a publication contract to produce a printed volume in English. But there are many other rights that are enshrined in the representation agreement and, ultimately, in each publication contract. Recommendations Since an agency agreement is in trust, the agreement should prohibit the Agency from transferring the agency contract to another agency. However, there is generally no reason to object to the Agency`s ability to transfer its right to commissions. Fees The Agency may be expressly authorized to deduct money owed to the author from expenses such as postage, couriers, bank fees, copying a manuscript and sending copies of a manuscript to foreign publishers and/or sub-agents. You may be reluctant to question the terms of the contract that are offered to you if you have worked so hard to get the offer. It is understandable to worry about losing the replacement offer completely if you ask for changes to the agreement or if you ask for changes. However, you should answer your questions to your satisfaction before signing the contract. An author must be able to terminate the agency contract if the agent does not make the best use of his efforts or if the agent enters into a paper publication contract and decides to “leave” the remaining rights in the contract or not actively seek the exploitation of the remaining rights in the contract.

What Works Are Covered An agent may present only a client`s new work, all of the client`s work, or only any work the client writes over a period of time. (To be clear, the representative`s rights to represent the work are generally granted permanently or until the relationship is terminated under the contract or by mutual agreement of the representative and the author.) Agency Agreement Against Agency Clause: Benefits and Disadvantages A number of literary agencies do not provide their clients with written agency contracts, but rely solely on agency clauses included in publishing and film agreements. However, it is preferable to have a written agency agreement to avoid any misunderstanding about the terms of the agreement and to define the conditions in case of termination.