A literary agent is an agent who represents an author in dealings with publishers. Literary agents have become valuable to getting books published. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Agency Agreement between Writer and Literary Agent
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US-02366BG
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FAQ
Make sure the agreement defines specifically what works are covered. An agent may only want to represent one book, or a series of books, or only your new work, or work produced during the term of the agreement, or even all of your work.
An agency agreement is a legal contract creating a fiduciary relationship whereby the first party ("the principal") agrees that the actions of a second party ("the agent") binds the principal to later agreements made by the agent as if the principal had himself personally made the later agreements.
Get it in writing. Keep it simple. Deal with the right person. Identify each party correctly. Spell out all of the details. Specify payment obligations. Agree on circumstances that terminate the contract. Agree on a way to resolve disputes.
The agency agreement between a principal and the agent must always be in writing with clear terms and conditions with explicit language limiting the principal's liability if the agent does something that wasn't authorized. This protects you personally and professionally.
Generally speaking, literary agents take 15% of your total income from the first sale of your book before taxes. For example, if you receive a $10,000 advance on the first sale of the book to a major publisher, your literary agent will take a commission of $1,500.
Traditionally, agents get paid only when they sell your work, and they receive a 15 percent commission on everything you get paid (your advance and royalties). It is best to avoid agents who charge fees other than the standard 15 percent.
Fill in all sections. It's essential that you don't leave any fields in the agency agreement blank. Don't amend the terms. Include the full names of all parties. Ensure parties sign at the same time. Confirm authority to sign. Clearly identify the property. Specify the commission amount. Make the exclusive period clear.
1.) Don't Use Legalese. 2.) Start by Citing Both Parties. 3.) Specify Duration and What Signifies the End. 4.) Clearly Define the Scope of Work. 5.) Talk About Additional, Out of Scope Work. 6.) Identify Budget and Payment Terms. 7.) Address Refund Requests. 8.) Termination Clause.
Your contract may stipulate the method of termination. Most literary agents require sixty days written notice. Some will require a letter; for others email is acceptable. Be sure that you follow the terms of your contract so there can be no question later on about the termination.