Help on Agency contract!

JBell

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Hi everyone - I've been a now-and-then lurker, and now I have an urgent question so I took the plunge and registered. So, hi!!

Okay, my question: I got an offer from a reputable NY agent. One of the clauses looks like the infamous "interminable agency clause" but I don't know if it actually is. The clause seems to say that the agency would continue to draw a commission from the book for the life of its copyright, whether or not our contract has been terminated.

Is that standard? Is that the "interminable clause"? It seems fair that if they helped sell the book and negotiated the contract, they should get the commission as long as the book is out there. Why would that be controversial?

Can anyone help me?

Thanks!!
 

Old Hack

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Without reading the clause in question, it's difficult to say how troublesome it's likely to be. Is there any chance you could post at least that one clause here, so people could read it and let you know what they think about it?
 

Jennifer_Laughran

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This is standard, and will be in every agency agreement. It simply means that the "agent of record" (ie, the agent who sold the book and negotiated the contract) is the agent for the life of that book, even if you part ways and get a different agent in the future.

This is obviously so that you won't get your book sold and then say "see ya!" to the agent to try and keep their commission.

What you want to make sure of is that the termination clause is not onerous. It SHOULD say something like "Either party may terminate this Agreement at any time by so notifying the other party in writing" -- and it MAY have a time on it like 30 or 60 days after notification (this is so that if you have works on submission or other unfinished business, the agent can wrap it up).

If it says anything other than that - like if you have to wait A YEAR or something in order to part ways - that would be a red flag.
 

JBell

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Thank you, Jennifer. My confusion is over whether the contract should apply to the life of the copyright or to the life of the publishing contract the agent negotiates. In other words, if the book goes out of print and the rights revert back to me, and I (with or without a different agent), sell it somewhere else ... the original agent would still get a commission, even though they had nothing to do with the second sale. So I might have to pay two commissions.

If this really is standard, I guess that's just the way it is, but something about it doesn't sound right. It also doesn't feel right to post the actual language in a public forum. I know it's hard to comment without seeing it, so I appreciate your feedback!
 

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J, that concerns me a little too. Could you perhaps PM me the name of the agency concerned? It might be significant.
 

Jennifer_Laughran

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Hey there, JBell -- I sent you a private message with some types of wording to look for from various agency contracts and advice. I felt a bit weird posting it all here since some of it might be considered proprietary.

If you have any other questions, feel free to email me -- I don't think you can respond to my PMs.
 

Jamesaritchie

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Agents should only draw a commission on contracts they have personally negotiated, or that you have signed an agreement for. When a book goes out of print, the rights revert to you, and you, or another agent, negotiates a new deal for that book, the old agent should no longer receive a commission.

In other words, an agent should draw a commission on the lifetime of a contract, not on the lifetime of the copyright. This would mean an agent would still be making money off your book seventy years after your death, even if the book had gone in and out of print, and had three different agents.

But, yes, as long as the book is still selling under the contract and from the publisher the agent negotiated with, the agent draws a commission. This will most likely apply to film and paperback rights, as well.

But no agency contract I've ever had said anything about life of the copyright.
 

JBell

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Thanks Jennifer and James! Your advice is extremely helpful. I've expressed my concern to the agent and we'll see what happens next. Can I ask if it's routine for authors to consult lawyers about agency contracts? Or do most authors simply hash it out with the agent?

Thanks again to everyone for your help!