Out of Print

popmuze

Last of a Dying Breed
Super Member
Registered
Joined
May 31, 2005
Messages
2,597
Reaction score
181
Location
Nowhere, man
If I manage to get an out of print book of mine reprinted with a new publisher, or turned into a second edition, am I required to continue giving royalties to the original agent, even if that person hasn't been my agent for five, ten, or fifteen years?
 

victoriastrauss

Writer Beware Goddess
Kind Benefactor
Absolute Sage
Super Member
Registered
Joined
Feb 11, 2005
Messages
6,704
Reaction score
1,315
Location
Far from the madding crowd
Website
www.victoriastrauss.com
Check your contract (if you had one--if this person was your agent fifteen years ago, you might have had a handshake agreement). A good author-agent agreement should deal with the issue of what happens when you and the agent part ways.

Generally speaking, agents continue to collect commissions on contracts they brokered for you, even after you leave the agency. Once the contract expires and you revert your rights, however, the agent has no further claim, and you have no obligation to the agent if you re-sell the work.

Have you reverted the rights? You'll need to do that before you can try to re-sell the book.

- Victoria
 

popmuze

Last of a Dying Breed
Super Member
Registered
Joined
May 31, 2005
Messages
2,597
Reaction score
181
Location
Nowhere, man
I've got all the rights back to everything.

Then again, with the advent of the Internet, you're never truly out of print. It's a great way to stock up on my old books for a dollar apiece! (But I've also seen copies going for over $100).

Also on the Internet, I once discovered that John Lennon's proof copy of my first book was among the items sold at a Beatle auction in Japan in 1997 (for upwards of 375,000 yen). I never knew he had one, much less kept it.
 

victoriastrauss

Writer Beware Goddess
Kind Benefactor
Absolute Sage
Super Member
Registered
Joined
Feb 11, 2005
Messages
6,704
Reaction score
1,315
Location
Far from the madding crowd
Website
www.victoriastrauss.com
popmuze said:
Also on the Internet, I once discovered that John Lennon's proof copy of my first book was among the items sold at a Beatle auction in Japan in 1997 (for upwards of 375,000 yen). I never knew he had one, much less kept it.
Oooh, very cool. Too bad you didn't get a percentage!

If you've reverted your rights, you shouldn't have anything to worry about.

- Victoria
 

Andrew Zack

Banned
Joined
Feb 14, 2005
Messages
502
Reaction score
40
Location
San Diego, CA
Website
www.zackcompany.com
Generally speaking, once the publishing agreement is terminated, the agent's interest in that agreement is terminated. HOWEVER, if you have a separate representation agreement, there could be something in there that requires you to continue to pay a commission on any and all rights related to Works sold, contracted for, etc., and you should carefully review that to ensure that it's not somehow still in force.
 

popmuze

Last of a Dying Breed
Super Member
Registered
Joined
May 31, 2005
Messages
2,597
Reaction score
181
Location
Nowhere, man
Never had any written contract with this agent.