Promotional Costs

fedorable1

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I've acquired an agent, finally, to represent a mini-series I wrote. Part of the promotion and marketing - used to find producers, talent, etc - includes proposal packages and a possible "trailer" type demo reel. My agent is saying she and her co-worker could arrange to pay these promotional costs, but I would need to reimburse them. She also said specifically NOT from her 10% commission.

I'm fairly certain promotional costs are a part of her job. Am I really supposed to pay for that? It sounds fishy to me.
 

CaoPaux

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Does this agent have a good sales record?
 

fedorable1

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I'd rather not post her name, out of consideration for her reputation and potential slander. She's actually a casting director who has signed on to "agent" the project. And to my knowledge she doesn't really have any previous sales. I really don't want to speak negatively about her in any way, I'm just wondering. It just seems odd. She said she wasn't expecting it up front or any time soon, but if the project gets sold she wants the reimbursement PLUS her 10% commission.
 
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victoriastrauss

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fedorable1 said:
I'd rather not post her name, out of consideration for her reputation and potential slander. She's actually a casting director who has signed on to "agent" the project. And to my knowledge she doesn't really have any previous sales. I really don't want to speak negatively about her in any way, I'm just wondering. It just seems odd. She said she wasn't expecting it up front or any time soon, but if the project gets sold she wants the reimbursement PLUS her 10% commission.
So she isn't expecting you to pay this upfront? That's good, but I'd be concerned about these costs, which sound as if they could be sizeable, and also about the fact that this person has no agenting experience. It could be that working as a casting director has given her the right contacts, but she may not be agenting you in a standard manner, and that could wind up being expensive for you. Also, though I admit I'm much less knowledgable about the film/TV world than about the book world, I'm somewhat skeptical about the trailer, which sounds like something you'd undertake if you were looking for investors, but not something that should be needed to sell a script to a studio.

Whatever you decide, get everything in writing, and insist on approving any costs, other than routine stuff such as long distanct phone calls and postage, before they're incurred.

- Victoria
 

aghast

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i am suspicious of a casting director acting as your agent because of conflict of interest, but its not unusual for entertainment agents or managers to be reimbursed for promotional stuff such as demo reels but you need to read the contract carefully and see what is covered and not, and you should talk to someone professional like a producer or actor who does these things every day
 

fedorable1

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Yeah, my contract mentions nothing about fee payment/reimbursement, by the way. That's why I'm not too worried. If it came down to a legal battle, I'm in no way obligated to pay. But if it's not all that out of the norm, I'd be alright with it.
 

ORION

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This sounds like another question about an agency that was posted several weeks ago...I believe that it was determined to be a scam...When money goes from the author to the agent before a property is sold WARNING RED FLASHING LIGHTS
 

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show biz is diferent than publishing and also we are talking about proposals and demo reels and headshots and such which come out of the talents pocket - talent agents and managers usually charge for those either up front or on top of their fees - i am not too worried about that except there are scams that asks the talent to do this and that (and usually use their own 'services') but have nothing to show for - i am still wary about the casting direct-agent thing
 

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Profiting Off Expenses?

Haven't had much experience with agents. But I have dealt with lawyers, and recouping expenses seems to be an industry standard.

But is she taking her 10% off the top? If so, you'll be paying not only for her expenses but also an added 10% of those expenses.
 

Patricia Lieb

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I, too, have been contacted by an agent. (She contacted me) I sent her a printed manuscript copy, plus a copy of the book printed earlier this year at BookSurge, and a copy of another novel I wrote and had printed at Xlibris a few years ago. Now, after a month-or-so, she has sent me a contract. The thing is, she too, wants $95 up-front to cover the "annual marketing fee." Also, 10 percent of all domestic sales, 15 percent of all subsidary sales and 15 percent of all foreign sales.
Like you, I'm hesitating on signing this contract.
What have you decided?
 

victoriastrauss

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Patricia Lieb said:
Now, after a month-or-so, she has sent me a contract. The thing is, she too, wants $95 up-front to cover the "annual marketing fee." Also, 10 percent of all domestic sales, 15 percent of all subsidary sales and 15 percent of all foreign sales.
Like you, I'm hesitating on signing this contract.
Is the agent by any chance Michele Rooney? If so, Google her. You'll get an eyeful.

Even if I'm wrong about the agent, an upfront fee on contract signing is NOT legitimate. An upfront fee is a major warning sign of an agent who's either fraudulent or incompetent.

- Victoria
 

fedorable1

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Dr. Zeus said:
Haven't had much experience with agents. But I have dealt with lawyers, and recouping expenses seems to be an industry standard.

But is she taking her 10% off the top? If so, you'll be paying not only for her expenses but also an added 10% of those expenses.
She is, and so I will be. But from what I've heard, that'd to be expected. At least she said she expects it from the earnings if and when it's sold, not up front.