Christi Anne said:
And about the FAQ, from a newbie viewpoint I thought it was relevant (and interesting).
Yes, it's interesting, and it's all true (I've made some of the points myself--for instance, that agenting is a totally unlicensed and unregulated business). However, the issues raised by the differences she cites only come into play if you're dealing with bad agents. With a good (i.e., successful) agent, who operates according to accepted practice--especially if that agent is an AAR member--the potential problems she's identifying won't be problems. So while the distinctions she's making are all true ones, they're sort of a red herring.
As far as using entertainment attorneys, I have gotten the impression "many" people do use them for agents. I'm guessing people like professionals use lawyers so they can get the legal help, contracts, and agenting done all in one place. Check out this article:
Many agents have lawyers on retainer or on staff to provide legal counsel. Some--like Kneerim & Willams, mentioned in the article, or Graybill & English--cohabit with law firms or are run by lawyers (though literary agenting is their main, not their sideline, business). So legal counsel should be easily available if it's needed. Also, the high-profile political and media figures mentioned in that article don't have professional writing careers--many are one-book writers who probably, like Hillary Clinton, used a ghostwriter--and thus have different concerns from professional writers. I can't say that I know any fiction writers who use an IP attorney rather than a literary agent. It's my impression that as an industry practice, it's not common.
On another topic, Victoria, you might be the one to ask this. Do you know or have you heard anything about how the "Volunteer Lawyers for the Arts" works? In our writing group, we typically come up with copyright and contract problems, and there is a Volunteer Lawyers near us. We have heard they charge like $30 for the first 20 minutes and then it goes up to the entire fee. Do you know if the lawyers who worked there are trained on literary contracts in particular? We have also heard that the literary contracts are different and you should go to someone who KNOWS liteary contracts.
This is true. Publishing contracts have clauses and terminology you don't find elsewhere, and unless the lawyer is familiar with them, s/he won't be able to advise you competently.
Volunteer Lawyers for the Arts is specifically geared to low-cost or pro bono services for people in the arts, including writers. If you consult with them, I assume that they'll assign you to someone who has expertise in your artistic area. I've heard from people who've used their services and have been extremely satisfied, and from others who weren't so happy. I think it depends on where you are, who you use (VLA services are provided out of existing law firms), and what your problem is.
- Victoria