THE CAREER NOVELISTWill you ever sign agreements (especially subsidiary-rights agreements) on mu
behalf?
Still more: Are you incorporated? When you receive money for me, how
quickly will you pay out my share? Will you issue a 1099 tax form at the end
of the year? What happens if you die or are incapacitated? How will I receive
moneys due to me?
Aren't you glad you are asking these questions now? There's
one more big issue to consider, so big that it deserves a section of
its own.
THE AGENCY AGREEMENT
I use the simplest and most trusting form of contract with my
clients: a handshake. I do this because unless there is a high level
of mutual respect involved I do not feel that we have a useful work-
ing relationship. Also, if my clients are unhappy I feel they should
be free to leave at any time.
Not everyone is comfortable with that, however. Most agencies
have written agreements with their clients. Review yours before you
sign it. What follows is a discussion of some of the most common
provisions you will come across:
Commissions. Naturally commission rates are set out for domestic
sales, movie/TV sales, overseas sales, special sales. Expenses to be
charged and clearance procedures should also be spelled out.
Works covered. Will your agent handle everything you write, down
to essays you dash off for your industry trade journal? Or will only
specific work be handled? You may want representation only on a
per-project basis. If so, establish that in writing.
Duration. Most agency agreements lock you in for a certain length
of time. Two years is typical. After that, the agreement is renewed by
mutual consent. A highly important aspect of duration is what hap-
pens to unsold rights after termination. Does your agent retain con-
trol? If so, for how long? Believe me, when agents and authors split,
no issue causes more grief than this one. Work out something equi-
table in advance.
For contracts still in force upon termination (that is, for novels
still in print and earning), the agent generally continues to receive
funds and his commission as long as earnings continue. Another