Do I need an agent?

Hyperbole · Dec 21, 2006

Next week I'll be working out a contract with a publisher and editor. Do I need an agent at this point? If so, how do I find someone this quickly?

Or are there some standard contract terms I should be sure are included?

I'm thinking maybe I just need a lawyer to advice me on the contract? Please help.

Thanks!

victoriastrauss · Dec 21, 2006

What kind of publisher? Does it not have a standard boilerplate?

Is there an advance? If not, it's unlikely that an agent will be interested in taking you on on the basis of this contract. A lawyer should be able to help--but only if s/he has experience with publishing law. Publishing contracts have language and provisions you don't see elsewhere, and someone without publishing experience may not be able to advise you effectively.

Here's a somewhat dated, but generally helpful, example of a commercial print publishing contract. The Author's Guild also offers advice.

- Victoria

Popeyesays · Dec 21, 2006

Just any lawyer will be more harm than help. If the lawyer has no expertise and experience in intellectual property law and publishing contracts, then do NOT go to him for advice.

Is there an advance involved? if there is then an agent will be likely to help. If there is no advance, then an agent won't take the time for no return.

Regards,
Scott

Hyperbole · Dec 21, 2006

This is excellent insight - thank you both!

I would guess there is a standard contract, but I haven't seen it. It's a smaller publisher, and the company publishes a lot of education-related books.

I don't know if there's an advance either - I think they may want me to do work for hire, but I'm not thrilled about that idea.

It looks like an agent would be unnecessary, and may not be interested either. And maybe a lawyer isn't needed either.

This helps me a lot. And thanks, Victoria, for the links!!

victoriastrauss · Dec 21, 2006

Work for hire is a whole different ballgame. For one thing, you don't own the copyright--whoever commissions the work does. This article provides a basic definition.

- Victoria

Hyperbole · Dec 21, 2006

Thank you, Victoria. Yes, I'm hesitant to accept an agreement that's work for hire...

Kristen King · Dec 28, 2006

Let us know when you get some more details. Maybe we can be of more specific help then. I hope!

Kristen

Hyperbole · Dec 30, 2006

Thank you Kristen! I should have a copy in my hands next week some time. If i have some questions about it I may come back. I already negociated a few items on the phone, however (like, it won't be work for hire). I'm feeling pretty confident about it.

I also joined the writer's guild, so may run it by the experts there as well.

I really appreciate your willingness to help! Thank you!!

Do I need an agent?

Hyperbole

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victoriastrauss

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Popeyesays

Now departed. Rest in peace, Scott, from all of us

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victoriastrauss

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Kristen King

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