Contract Language Question

Prawn · Dec 8, 2008

Hi!

Does the bolded part mean that if he arranges a sale, he gets paid, even if he's no longer my agent? That's what the first part seems to mean, but I don't understand the second part. It seems like it is saying the same thing twice.

Thanks for the advice!
Prawn

Effect of Sale of Rights after Termination of Agreement:
If you sell or transfer Literary Rights in your works to a person or a company to which I submitted a proposal for the sale of those rights during the term of this agreement, I will be entitled to my full commission if the sale or transfer of rights takes place within one year after the agreement terminates. My right to compensation for a sale or disposition of rights under this agreement, once earned, shall continue even after the agreement terminates.

Soccer Mom · Dec 8, 2008

The first part means that you can't undercut him by "selling it yourself" to someone he sent a proposal to (within one year of termination.)

the second means that even after termination of the agreement, he continues receiving compensation (such as royalties) to which he is due. You can't avoid paying what he earned during the agreement by terminating it. That is how I read the two.

Make sure you always get an accounting of who he is submitting proposals to and when.

eqb · Dec 8, 2008

Soccer Mom said:
That is how I read the two.

That's correct. (As my agent explained to me.)

And that's standard for an agent contract.

Make sure you always get an accounting of who he is submitting proposals to and when.

Always a good idea, even if things are working out well.

Soccer Mom · Dec 8, 2008

Beth Bernobich said:
That's correct. (As my agent explained to me.)

Always a good idea, even if things are working out well.

Absolutely! Don't wait for things to go badly before you think about documentation. Hopefully you'll never need it, but if you do...

IceCreamEmpress · Dec 8, 2008

Yep.

The first clause is to guard against this scenario: Unscrupulous Writer gets Agent to send manuscript out to publishers. Then Unscrupulous Writer fires Agent. Then Unscrupulous Writer sells manuscript to one of the publishers, but refuses to pay Agent.

The second clause means that, ten years from now when the movie tie-in version of your amazing book is published, Agent will still get a cut of that, even if you have moved on to a different agency by then.

Prawn · Dec 10, 2008

Thanks for the help!

Contract Language Question

Prawn

Writing is finite,revising infinite

Soccer Mom

Crypto-fascist

eqb

I write novels

Soccer Mom

Crypto-fascist

IceCreamEmpress

Hapless Virago

Prawn

Writing is finite,revising infinite