An author must be able to terminate the agency contract if the agent does not do his best or if the agent secures a print publication contract and then chooses to “sit” the remaining rights in the contract or not to actively seek exploitation. An agency clause (often added to publishing agreements and other licensing agreements) can also define the terms of the relationship between the author and the agent. These clauses are usually: What work is covered An agent may want to represent only a client`s new work, all of the client`s work or only any work written by the client for a certain period of time. (Let`s be clear, the agent`s rights to represent the work are usually granted on a long-term basis, or until the relationship is terminated under the terms of the contract or by mutual agreement of the agent and the author.) First, make sure that the agent you are considering is the best dealmaker for you and your literary work. Conduct independent research on the agent and agency. Look for answers to a few difficult questions. Once you`re sure the agent is right for you, make an informed decision about what they want to negotiate in the agency contract before signing. Tip: List exactly the subsidiary rights contained in the representation agreement to eliminate any ambiguity in the contract. You may be reluctant to question the contractual terms offered to you if you worked so hard just to get the offer. It is understandable to worry about the total loss of the replacement offer if you ask for the agreement or request changes to it. Nevertheless, you must answer your questions to your satisfaction before signing the contract. Guarantees, insurance and indemnities Sometimes agency contracts contain guarantees, insurances and indemnities from the author to the agency similar to those of publishing contracts.
The goal of an agent is to obtain a publishing contract to produce a printed volume in English. But there are a large number of other rights that are included in the performance agreement and, ultimately, in any publishing contract. The definition of the work clarifies the scope of the contract. The agency contract must be clear about your freedom to produce derivatives of the factory that are not subject to the agent`s representation. A derivative is a work-based or derivative piece that is the subject of the contract. It couldn`t have happened at a better time! I just got an agency contract and I sent a question about the contract, which received an immediate response, and a new contract is being developed that contains these changes. Thank you, Janet. May all the fish of the sea be you! Agency Contract and Agency Clause – Pros and Cons A number of literary agencies do not provide written agency contracts to their clients, but rely only on agency clauses that are included in publishing and film contracts.
However, it is preferable to have a written agency contract in order to avoid any misunderstanding about the terms of the agreement and to define the conditions in case of termination. Rights granted during the term of the contract An agency contract gives an agent the right to sell the work to a publishing house for a certain number of months or even years. . . .