Types of Author/Agent Contracts
Author/agent contracts generally allow the agent to represent the writer and submit their work to publishers. Many agreements lack the details authors need to ensure they keep some control over their work and their profit. Agents may not include these details in their contracts with the author but choose to add them as clauses within agreements with the publishers. An author may fail to see these clauses and unwittingly agree to pay more to the agent or give away more rights than intended.
An Author Agent Contract Lawyer can prepare a complete contract for authors who want more security. The forms can have the details that agents often include as clauses elsewhere. Authors can insist that the agreement they sign states that their agent cannot include clauses in third-party contracts. Many other details need clarity when completing a legal agreement.
Who Receives Payments:
Authors may believe all payments for the publication or other use of their material will go to them, and they use that amount to pay the fee to their agent. A more common situation has all payments go to the agent or their agency. They remove their fees and agreed-upon expenses and send the remainder to the author.
Establish Payment Rate:
Agents usually get a commission based on the income earned due to their efforts. The contract should state the size of the commission and if it will differ based on the source. Agents may want different commission rates for published work than the author earns for public appearances, merchandise sales, and other opportunities.
Some agent-created agreements require payment on any income earned by the author while under contract with them. Authors who self-market, contribute to other creative endeavors, and have income from unrelated sources may not want to share their profits with someone not involved in the projects. Contracts need to explain explicitly how the agent earns their commission.
Type of Representation:
Authors may want an agent to fully represent them so the agent may earn a commission on the royalties earned from previously published works and future projects. An alternative for writers is to create a contract for one novel to decide if they feel comfortable with their agent.
Extent of Authority:
Authors that do not want involvement in the negotiations may assign all control over to the agent by giving them Power of Attorney. Unfortunately, this could lead to confusion or frustration later if an author learns the agent sold all publishing rights to someone else. The loss of ownership could prevent a writer from marketing their novel or screenplay in another country or adapt the work into another format.
Another consideration is if the agent will have the authority to represent the author worldwide or only within the United States. Decide if the agent works solely with book publishers or if they can contact other media companies. Most experts recommend the author remain in control of all final decisions. As the final decision maker, the author will know who can use and adapt their work.
Length of Agreement:
Authors should include the right to terminate their contract with the agent if they do not produce the results expected within a pre-determined length of time. The agreement should also detail the compensation the agent or agency receives, if any, after a termination.
Who Maintains Content Rights?
Authors need to know they can trust their agents with decisions regarding publication rights, but mistakes and misunderstandings can occur. An Author Agent Contract Attorney can include protections in an agreement that will require pre-approval from the author for any release of rights.
How Can Authors Regain Their Rights?
Authors may sometimes want back the rights to their work. Poorly written contracts or agents not meeting the standards set in an agreement will increase the potential for a successful reclaim of publishing rights. Authors may also have success if a publisher or someone else who held the rights has now gone out of business. Many ways exist for writers to reclaim the control of their intellectual property. An Author Agent Contract Law Firm can help in these situations.
