Buy books by AWers

 

Welcome to the AbsoluteWrite Water Cooler! Please read The Newbie Guide To Absolute Write

Results 1 to 9 of 9

Thread: Is this standard?

  1. #1
    She Who Resonates... NancyMehl's Avatar
    Join Date
    Feb 2005
    Location
    Wichita, Kansas
    Posts
    585

    Is this standard?

    My agent (who is wonderful, btw), is leaving the agency she's been with for a few years and opening her own agency. I have no qualms about staying with her because she's done a wonderful job for me and has super connections with major publishers who publish what I write. (Besides, she believed in me when I almost stopped believing in myself.)

    However, in her contract, there is this clause which I've never seen before. Is this standard? Does it seem okay to those of you who know about contracts?

    1. Author agrees to pay twenty percent (20%) of all royalties and advances on sale of movie rights over $100,000.00 and twenty-five percent (25%) of all royalties and advances on sale of movie rights less than $100,000.00.

    This may be perfectly fine, but I don't remember seeing this in other contracts.
    Any thoughts?

    Nancy
    Nancy Mehl
    May 2014 - Gathering Shadows - Finding Sanctuary Series
    September 2013 - Unforeseeable - The Road to Kingdom Series *Nominated for RT Reviewer's Choice Award
    www.nancymehl.com
    www.nancymehl.blogspot.com

  2. #2
    A work in progress Saundra Julian's Avatar
    Join Date
    Dec 2005
    Location
    Atlanta, GA
    Posts
    2,591
    Wow, don't percentages usually come down on additional money?
    I'm sure no expert but I have been paid on a commission basis, for the great part of my life, and this seems strange to me...

    The only time I've seen them go up was when the work load increased and justified the higher commission. Hence, they were used as an incentive to take on more responsibility.

    What work load would an agent have with a movie contract? None, would be my guess but maybe I just don't understand agents with movie deals...

  3. #3
    She Who Resonates... NancyMehl's Avatar
    Join Date
    Feb 2005
    Location
    Wichita, Kansas
    Posts
    585
    Quote Originally Posted by Saundra Julian
    Wow, don't percentages usually come down on additional money?
    I'm sure no expert but I have been paid on a commission basis, for the great part of my life, and this seems strange to me...

    The only time I've seen them go up was when the work load increased and justified the higher commission. Hence, they were used as an incentive to take on more responsibility.

    What work load would an agent have with a movie contract? None, would be my guess but maybe I just don't understand agents with movie deals...
    Thanks, Saundra.

    I did hear from Victoria about this and she says that the percentages are typical although it's usually not broken down this way.

    I'm signing it....

    Nancy
    Nancy Mehl
    May 2014 - Gathering Shadows - Finding Sanctuary Series
    September 2013 - Unforeseeable - The Road to Kingdom Series *Nominated for RT Reviewer's Choice Award
    www.nancymehl.com
    www.nancymehl.blogspot.com

  4. #4
    Your Genial Uncle Absolute Sage James D. Macdonald's Avatar
    Join Date
    Feb 2005
    Location
    New Hampshire
    Posts
    25,396
    If you like the agent and she has a track record -- going with her is the standard way new agents start out with track records.

    The percentages seem reasonable, and movie money is a lottery win anyway. Nice, but don't plan on it. (Often a literary agent will have to share the commission with a sub-agent who does films anyway.)

  5. #5
    She Who Resonates... NancyMehl's Avatar
    Join Date
    Feb 2005
    Location
    Wichita, Kansas
    Posts
    585
    Quote Originally Posted by James D. Macdonald
    If you like the agent and she has a track record -- going with her is the standard way new agents start out with track records.

    The percentages seem reasonable, and movie money is a lottery win anyway. Nice, but don't plan on it. (Often a literary agent will have to share the commission with a sub-agent who does films anyway.)
    Thanks, Uncle Jim.

    Nancy
    Nancy Mehl
    May 2014 - Gathering Shadows - Finding Sanctuary Series
    September 2013 - Unforeseeable - The Road to Kingdom Series *Nominated for RT Reviewer's Choice Award
    www.nancymehl.com
    www.nancymehl.blogspot.com

  6. #6
    New Fish; Learning About Thick Skin
    Join Date
    Oct 2006
    Posts
    18
    This doesn't quite seem "standard" to me. I think you should try to negotiate with her (if you have such a good relationship, she's probably as eager to keep you as an author as you're to keep her as an agent). I'm no expert, but if I recall correctly the percentage my agent got for movie rights was somewhere between 15 and 20 percent -- 25 percent seems outrageously high. What does your current contract with the agency establish? If it's lower, you should ask her to maintain those terms.

  7. #7
    I *am* Catwoman...and Gini Koch WPR Dominatrix JeanneTGC's Avatar
    Join Date
    Oct 2006
    Location
    A Little South of Sanity
    Posts
    7,667

    Smile

    Nancy, could I ask who your agent is and if she's got her new "shingle" up? If she's opening her own agency, she might like to hear from some new authors (hoping, anyway :-D). If she isn't looking for new authors, of course, we would leave her alone.

  8. #8
    She Who Resonates... NancyMehl's Avatar
    Join Date
    Feb 2005
    Location
    Wichita, Kansas
    Posts
    585
    Quote Originally Posted by UWS
    This doesn't quite seem "standard" to me. I think you should try to negotiate with her (if you have such a good relationship, she's probably as eager to keep you as an author as you're to keep her as an agent). I'm no expert, but if I recall correctly the percentage my agent got for movie rights was somewhere between 15 and 20 percent -- 25 percent seems outrageously high. What does your current contract with the agency establish? If it's lower, you should ask her to maintain those terms.
    Actually, the old contract doesn't even mention movie rights.

    I've signed the contract and put it in the mail. I really am excited about this. I'm glad she's done well enough to open her own agency, and I'm confident in her ethical standards. I'd just never seen this kind of clause before.

    Thank you for your input, UWS. It looks like you haven't posted here much. Are you new? If so, a big welcome to you!

    Nancy
    Nancy Mehl
    May 2014 - Gathering Shadows - Finding Sanctuary Series
    September 2013 - Unforeseeable - The Road to Kingdom Series *Nominated for RT Reviewer's Choice Award
    www.nancymehl.com
    www.nancymehl.blogspot.com

  9. #9
    New Fish; Learning About Thick Skin
    Join Date
    Oct 2006
    Posts
    18
    Thank you. That's very sweet of you. I'm a published author, but I am new on this board. I'm glad you got your contract sorted out. Good luck!

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Custom Search