single project representation in contract

tko · Nov 12, 2017

"The Author irrevocably appoints the Agency as sole representative for the Author’s Project on a per-Project-basis."

Not what I typically read on the internet, but clear--the contract only applies to one specific novel.

"This Agreement will pertain to all Projects the Author authorizes the Agency to represent."

Again seems obvious--you can mutually add other novels to the contract without a new contract.

What are the hidden meanings and implications? Is this a standard way to write a contract? Would you be expected to always submit new works to "your" agent first? Could you end up with two agents at the same time? Is this just legal talk, or are they really only interested in one project?

Old Hack · Nov 12, 2017

It's impossible to interpret a contract based on just one or two isolated clauses. The contract has to be read as a complete document to understand its full meaning. And we can't give legal advice here: you need a lawyer for that. Please don't ask us to do it.

It's common for agents to represent authors for their full career, not for just one book at a time, so this isn't a standard contract.

I think you really need to ask the agent concerned if they expect their authors to always submit to them.

lizmonster · Nov 12, 2017

Old Hack said:
It's impossible to interpret a contract based on just one or two isolated clauses. The contract has to be read as a complete document to understand its full meaning. And we can't give legal advice here: you need a lawyer for that. Please don't ask us to do it.

Yes, this. A lawyer can't tell you what is or isn't standard for an agency contract, but they can explain the language to you, and tell you what it does and does not mean.

Old Hack said:
It's common for agents to represent authors for their full career, not for just one book at a time, so this isn't a standard contract.

tko, Old Hack has more experience than I do, so I believe this is true, but my agency contract had similar verbiage to yours, specifying a single book (by title), and including a clause about anything else I chose to have them represent. So: yes, nonstandard; no, not unheard of. (As I'm no longer with that agency, I can't tell you how it would have played out over multiple books.)

But yeah - as the daughter of a retired attorney, I'll say it never hurts to get a professional to look at a contract before you sign it. Never sign a legally binding document you don't fully understand.

tko · Nov 12, 2017

Understood. I wanted to able to ask intelligent questions and understand the implications. And I did consult a lawyer, but not a New York lawyer specializing in literary contracts.

Anyway, this doesn't really concern me in a legal way, I just wanted a feel for the industry practice and implications.

Pisco Sour · Nov 24, 2017

FWIW, my first agent and I had a contract with exactly the same language. Like Old Hack has said, without reading the entire document it's impossible to interpret the two clauses you mentioned. However, in my case it meant that I had an 'out' if the project didn't sell. It didn't, and we went our separate ways with absolutely no hassle. I now have a new agent (entirely different novel, but he's also looking at that one with a view to flogging it also. Yay!). Our agency agreement iss entirely different as he's representing me for my career and not just one book. HTH.

frimble3 · Nov 24, 2017

I'd want to know what 'irrevocably' means when everything else sounds a little vague.

gbhike · Nov 26, 2017

What are the general numbers in terms of how many authors stay with their first agent for only one novel, and how many stick with them for a large part of their careers?

single project representation in contract

tko

just thanks fore everything

Old Hack

Such a nasty woman

lizmonster

Possibly A Mermaid Queen

tko

just thanks fore everything

Pisco Sour

frimble3

Heckuva good sport

gbhike