As promised, here's the exact language of Nashville's interminable agency clause (my bolding):
It is understood that if rights to the Work have been sold during the term of this Agreement, Agent’s interest in the Work is irrevocable, and such irrevocable interest thereby and t hereafter extends to any and all subsidiary rights arising from the Work. In recognition thereof, and in such case, Author hereby:
(a) acknowledges and agrees that, regardless of when made or by whom, any and all contracts or agreements (and any extensions or renewals thereof and substitutions therefor) regarding the Work are covered by the terms of this Agreement;
(b) agrees to arrange for all such contracts and agreements, regardless of when made or by whom, to name Agent as Author’s agent of record; and
(c) agrees to arrange for any monies due to Author from agreements or contracts covered by the terms of this Agreement (regardless of when made or by whom), and accruing after termination of this Agreement, to be paid to Agent, which will then deduct commissions and unreimbursed expenses and remit to Author as provided for above.
In other words, if the agency sells your manuscript, it is the Agent of Record for that work and all its subsidiary rights forever--no matter who made the sale or when the sale was made.
And that's not all. The author also has to provide $1 million worth of insurance, and name the agent as an additional insured. No, I didn't make that up. Here's the actual language:
Insurance. Author hereby agrees to provide copies of its insurance policies in amounts sufficient to Agent, but no less than One Million Dollars ($1,000,00.00) per occurrence, with Agent named as additional insured.
Other concerns:
- The author must appoint the agent his or her attorney in fact, with full power to sign agreements on the author's behalf.
- A 30% commission is charged for foreign rights sales, where co-agents are used. This is high--20-25% is more standard.
- The agent claims "the perpetual right" to use the author's name and other information for publicity purposes.
- Reimbursible expense includes not just the normal photocopying, postage, and purchase of bound galleys or finished books, but travel and "any other cost and expense related to Agent’s services hereunder."
- Victoria
