It's very difficult to evaluate a contract without seeing its actual language (if you'd like to send it to me, I'd be glad to take a look and give you more specific--and non-legal--commentary: beware [at] sfwa.org). But with that caveat,
1.) This contract is between the writer and the agency, not the agent (who's the president of said agency). Is this problematic? If he ever stepped down or became incapacitated, and I lost my champion, what would happen to my rights sold/deals in the works/monies, etc?
That's standard. There are a bunch of scenarios for the agent leaving, but the bottom line is that you'd likely have the opportunity to partner with another agent at the agency, or to terminate your contract (in which case the agency would still rep any still-in-force contracts it had brokered for you). Sometimes an agent moves to another agency, or starts their own agency, in which case you might be able to go with him/her. (Make sure there's a termination-at-will clause in the contract.)
2.) It asks for exclusive worldwide appointment to counsel, advise and negotiate for dealings on "all of my literary material," which is described as books, stories, recordings, scripts, and some other things. Is this too broad? What if I want to sell an essay or submit a short story to a magazine?
What other things?
Literary agencies don't usually rep individual stories or articles--not lucrative enough. In practice, this likely just means books, if that's what you primarily write. If one of the items makes you uncomfortable, ask the agent if you can cross it out. Agencies are often willing to negotiate their contracts.
3.) Termination: Looks standard, cancelable on 30-days' notice; but there's no stipulation for the agency's bankruptcy, dissolution, or the agent's loss of ability to act on my behalf. Should I ask for this? Does anyone have sample language?
See
this article by lawyer Daniel Steven for a suggestion. (Bankruptcy clauses often are not enforceable.)
4.) The 15% applies to all material sold during the contract term or up to 6 months afterward "and any and all additional rights deals (including but not limited to performance rights), modifications, substitutions, replacements, extensions and supplements thereof and options contained in any of the same, regardless of when made and regardless of by whom negotiated."
Does this say what I think it says: that if the agent succeeds or fails to sell my book, we later part ways, and my next agent sells the film rights to that book, agent #1 would get 15%? Is this standard?
It's hard to tell without seeing the entire clause. Could you paste that in?
5.) This contract states the agency receives 15% for my paid readings that it negotiates, and 5% if I use a separate speaking agency.
Wait, what? Does this agency have a speaker's bureau?
6.) Accounting. There's no accounting clause and nothing about sharing financial activity and statements for the author's monies. Should I ask for this, or is it a given.
There absolutely should be an accounting clause to ensure you're paid promptly and the agency provides you with at least annual accountings. If this isn't included, that's weird and possibly problematic.
7.) Expenses. Looks standard, but no limit or pre-approval is specified. It does stipulate that itemized receipts will be provided for any expenses. When I asked the agent on the phone about fees, he said there usually are none unless money needs to be wired.
You should be charged only for "unusual" expenses, and there should be an amount for any individual expense (say $50) for which your approval should be sought. (With everything done by email these days, expenses should be minimal--the most expense my agency ever incurs is buying books or ARCs to send to co-agents.)
8.) How long does an agent continue to earn on rights they've sold? Is it for the life of the publishing contract? Copyright life? The contract doesn't stipulate, so I'm wondering how that usually works.
The contract should answer this question. An agent should have commission rights ONLY for the life of the contracts s/he brokers (this usually includes any contracts stemming from that, such as foreign rights licenses). If the agent wants commission for the life of copyright, or says that selling a book for you gives him/her the right to be the agent for that book in perpetuity, that is not good.
Can you paste in the scope of representation clause and the duration clause (if they're separate)? Usually at the beginning of the contract.
I'm also running the contract by an attorney friend who's good at contracts but doesn't know the standards in agenting and publishing.
Your friend likely won't know how to advise you. Author-agent agreements--like publishing contracts--are very specialized documents with terms and conditions not found in other contracts. Someone who isn't familiar with them may not recognize non-standard language, or realize if something that should be in the contract has been left out. They may also want to add things that aren't typically included.
- Victoria
