Advice? AGENT DOESN'T HAVE Foreign/Film rights?

keston925

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Hi there,

I need advice... I am very excited about this agent because she seems to have passion for my project. I actually had another really big wig agent interested but he seemed sleazy.

Anyways, her contract looks great, I think we will work well as a team.

The only thing is that she is smaller, works with smaller publishers (I am not freaking out over that, we can grow together) but she does not have foreign and film right experience and they are not mentioned in her contract.

Your thoughts and advice would be greatly appreciated.
 

quicklime

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not everyone wants, or has any reason to suspect they can use, foreign rights.

that said, you mentioned one sleazy, one you get on well with--did you check either one on the bewares sub-forumm here? a solid agent should be able to connect you, or refer you out, for foreign rights if they don't do them on their own. they ought to "know a guy" or three.
 

keston925

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not everyone wants, or has any reason to suspect they can use, foreign rights.

that said, you mentioned one sleazy, one you get on well with--did you check either one on the bewares sub-forumm here? a solid agent should be able to connect you, or refer you out, for foreign rights if they don't do them on their own. they ought to "know a guy" or three.

Thank you, yes I did check both out... truly I would be lost without Absolute Write to be honest with you. I stalk these boards every day.
 

hikarinotsubasa

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I'd ask her about it before you sign. That's a pretty typical thing to ask an agent during The Call... "How does your agency handle foreign rights?" Most of them either have a dedicated foreign rights agent, or use sub-agents. Nothing wrong with either of those answers (they're different, but both legit), but if she says "We don't," that might be a problem.

If you've already had your Call, you should be able to email her with a quick question before accepting or rejecting her offer.

Is she with an agency, or solo? If she's with an agency, check out the more senior agents at the same agency and see if they've sold foreign or film rights. If they have, I wouldn't worry too much. Everyone gets their start somewhere, but a newer agent working under more established agents still has contacts, via their colleagues.

Ask. She's interested in working with you. She should be able to address your concerns, and if not, that IS cause for concern.

A lot of small publishers do sell foreign rights themselves... if she's trying to sell it to smaller presses, the idea may just be to sell world rights, and let the publisher handle subrights. Whether or not you'd be okay with that is up to you. ASK the agent! That's the only real answer, I think.
 

Quickbread

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Selling world rights gives all of your potential foreign-rights income to the publishing house, though. (If I'm not mistaken; someone please correct me if I am.) Just something to be aware of going in.

Congratulations on the offer!
 

keston925

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Selling world rights gives all of your potential foreign-rights income to the publishing house, though. (If I'm not mistaken; someone please correct me if I am.) Just something to be aware of going in.

Congratulations on the offer!

Oh my goodness! I am so glad you chimed in. Yowza, I wouldn't want to do that!
 

JanetReid

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Licensing world rights to the publisher does give the publisher control of your foreign rights. Licensing film rights to your publisher is just plain stupid.
 

keston925

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What are your thoughts on 50/50 publisher/author film right split? Would you just avoid that all together?
 

WeaselFire

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What are your thoughts on 50/50 publisher/author film right split? Would you just avoid that all together?
I would. But it really would depend on the work, whether sub agencies are involved and whose cut they get and a lot of other details.

Actually, I wouldn't avoid it, I'd negotiate it. Before signing.

Jeff
 

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Anyways, her contract looks great, I think we will work well as a team.

The only thing is that she is smaller, works with smaller publishers (I am not freaking out over that, we can grow together)

Agents who only work with smaller publishers are unlikely to find you the best deals possible.

Why does she not work with bigger publishers? Is it because she doesn't have contacts there yet? Or because she has some odd justification for it?

but she does not have foreign and film right experience and they are not mentioned in her contract.

She should make clear the commissions she charges on all sorts of sales in that contract. If foreign and translation rights and film aren't mentioned, I'd be very wary.

Selling world rights gives all of your potential foreign-rights income to the publishing house, though. (If I'm not mistaken; someone please correct me if I am.) Just something to be aware of going in.

Congratulations on the offer!

That's right.

Licensing world rights to the publisher does give the publisher control of your foreign rights. Licensing film rights to your publisher is just plain stupid.

Agreed.

I would seriously question the value of an agent who only deals with small publishers and who doesn't have a way to sell foreign and subsidiary rights. An agent like this is not going to get you the best deals, or even good deals.

What are your thoughts on 50/50 publisher/author film right split? Would you just avoid that all together?

It's not good for the author at all. Not just because the royalty split is poor, but because when a publisher controls the film rights to your books they're going to make deals which are good for them, and not necessarily the best for you.

It sounds to me as though this agent does not give her clients the best representation. Think carefully before you sign with her.
 

MandyHubbard

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It's fine for an agent to not have an IN-HOUSE film or foreign agent. But they need a solid sub agent (or co agent, or whatever you want to call them). That she hasn't figured that out really concerns me.

If you sell foreign rights to a publisher it does not "Give them" all of that income. It gives them control of explointing those rights, and you split the income with them. But you don't see that additional income until the book earns out. So say you got a $10K advance, and Italy pays $5K for your book, and you have an 80/20 split (you get 80%), you earned $4K but you won't see it any time soon. You need to earn out your advance. The $4K just gets you closer to that. if the book bombs, you never see that income.

If this were a magical world where each book earned enough royalties to earn out, then you absolutely do see the foreign $$. It's not "given" to the pub.

Also I think the "we'll grow together" line is a little worriesome, too. You're saying, in effect, she'll figure out the contacts and contracts at a big publisher with your book as her learning tool.
 

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It's fine for an agent to not have an IN-HOUSE film or foreign agent. But they need a solid sub agent (or co agent, or whatever you want to call them). That she hasn't figured that out really concerns me.

Me too.

I don't know who this agent is but if she'd learned the job by working at a different agency or publisher, she would know how to best handle foreign rights. This gap in her knowledge implies that there are other things she hasn't yet worked out how to do, and probably other things she doesn't even realise she's doing wrong.
If you sell foreign rights to a publisher it does not "Give them" all of that income. It gives them control of explointing those rights, and you split the income with them.

Agreed.

But you don't see that additional income until the book earns out. So say you got a $10K advance, and Italy pays $5K for your book, and you have an 80/20 split (you get 80%), you earned $4K but you won't see it any time soon. You need to earn out your advance. The $4K just gets you closer to that. if the book bombs, you never see that income.

I've had contracts where I have earned from such rights even before the book earned out, as each sale was counted as a separate income stream. But in my experience this is how it works most of the time.

Also I think the "we'll grow together" line is a little worriesome, too. You're saying, in effect, she'll figure out the contacts and contracts at a big publisher with your book as her learning tool.

Yep. And that's not good.