Today, we continue the #Publishing Law for Writers series on literary agents with a look at agency contracts. When a literary agent offers a writer representation, the agent should also give the author a contract that governs that relationship. In most (if not all) U.S. states, the law requires an agency relationship of this nature to be documented in writing. Even if the law did not require a written contract, both agent and author benefit from a contract. Contracts clarify the parties’ rights, duties, and obligations, and avoid ambiguity. Sometimes, authors find contracts “scary” or “too formal”–but publishing is a business, and
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The Importance of Agency Contracts
Today’s post takes a look at agency contracts, and why it’s best for the author-agent relationship to be documented in writing. There are many reasons why it’s important to have a written contract with your literary agent. We can’t cover all of them in one day, but let’s take a look at some of the most important ones: As a matter of law, some contracts must be in writing to be valid. The “statute of frauds” is a type of law which requires some contracts to be made in writing. Both the statute of frauds and agency laws often require a literary agency
Read moreWhat to Look for in Agency Contracts (part 1)
My Wednesday #Publishing legal posts spend a lot of time on publishing contracts, but publishers aren’t the only ones who sign contracts with authors. Agents do, too. Today, we look at some common provisions authors should expect to see in an author-agent (agency) contract. 1. Exclusivity. The contract will normally make the agent the author’s exclusive representative, either for a single Work, all Works, or all novel-length works the author writes. This exclusivity applies for the length of the contract, and sometimes longer for works the agent represented or sold during the contract period. Read carefully: you need to know whether the agent
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