Tag s | Contracts

Your Part in Your Agent Relationship

Some writers want to work with an agent, but even after securing representation, don’t always take full advantage of the help an agent can offer. Agents appreciate authors not wanting to be high maintenance. However, it’s better to keep us in the loop than to leave us out. The expression, “An ounce of prevention is worth a pound of cure,” applies to so many situations that can occur!

Manage Expectations

Lots of new authors aren’t sure what to expect. They’ve put in the hard work writing a book, but may be clueless to the nuances of the business. That’s why we’re here! Take our hand and let us be your guide.

Read and Understand Your Contract

Agents are here to help you understand anything about your agreement that seems mysterious. We appreciate that you trust us and might sign any contract we put in front of you, no questions asked. But I want my clients to understand what they’re signing. Ask questions. I’ll take the time with you that you need.

Let Us Help You Juggle Commitments

Many agented authors find they need help in juggling commitments. This is a happy “problem” of being a successful author. We help you with troublesome contract clauses that can limit your career, and handle tricky situations that can happen when talented authors suddenly find themselves in high demand. Let us take the hit while you remain the sweet author toiling away to make all the publishers happy!

Your turn:

What do you want your agent to do for you?

When has an agent been especially valuable to you?

 

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Your Money is Your Business or Keep a Lid on How Much Money You Make

How much should author friends reveal to each other about contracts or other business dealings when they have business with the same publisher?

I think it is a huge mistake to reveal the amount of your advances to other authors. This is similar to finding out the salary of the co-worker in the office cubicle next to yours. When I was a retail store manager we had major problems when salaries were revealed, a near fist-fight between two people who had been friends.

Money is viewed as a measure of worth; i.e. a measure of the worthiness of your work.

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Morality and the Book Contract

Seven years ago I wrote a post about the morality clause in book contracts. It was met with a collective yawn. Today the landscape is a little different and I hope you will take the time to read this carefully. From Hollywood suddenly trying to find a moral compass to …

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Deadlines Are Friends, Not Nemeses

When is your next deadline? What? You don’t have one? Why not? Aren’t you a writer? I know some writers create fine prose or poetry without deadlines—I just don’t know how they do it. “But,” you may protest, “I don’t have a contract yet. How can I have a deadline?” …

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Writers Learn to Wait

Ours is a process industry. Good publishing takes time. Unfortunately time is another word for “waiting.” No one really likes to wait for anything. Our instant society (everything from Twitter to a drive-thru burger) is training us to want things to happen faster. Awhile ago I wrote about how long it takes to get published which gave an honest appraisal of the time involved. Below are some of the things for which a writer must learn to wait.

Waiting for the Agent

We try our best to reply to submissions within 6-8 weeks and are relatively good about that. But if your project passes the first review stage and we are now reviewing your entire manuscript remember that reading a full manuscript is much more demanding than reading a few short proposals.

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Defusing Contract Landmines

by Steve Laube

During the last six months we have run into some landmines buried within some small press contracts. In each case it was the author’s relationship with the publisher that helped land the offer, and so we proceeded to review the paperwork in order to protect the author’s interests.

In one case the small publisher was very grateful for our negotiations and contract changes. They plan to change their contract for all authors in the future. We were glad to help our client form that new partnership.

In two cases the publisher said they could not afford to hire a lawyer to review our requested changes to the contract and thus were unwilling to negotiate. We recommended the author walk away both times.

In yet another case the publisher wouldn’t negotiate and said, in essence, “take it or leave it.” We walked away. Our client terminated their relationship with us and signed the deal on their own.

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I is for Indemnification

by Steve Laube

Publishing is not without risks. Plagiarism, fraud, and libel by an author are real possibilities. Thus within a book contract is a legal clause called indemnification inserted to protect the publisher from your antics.

The indemnification clause, in essence, says that if someone sues your publisher because of your book, claiming something like libel (defamation) or plagiarism etc., your publisher can make you pay the fees to compensate for their losses. This is to “indemnify” which is defined as “to compensate (someone) for harm or loss.” Bottom line: The publisher has the right to hire its own attorneys (at the author’s expense) to defend against these claims.

Doesn’t sound like a happy clause does it? But you can understand why it is there. This clause and the Warranty clause are notoriously difficult to negotiate. (The Warranty clause is where the things the author guarantees or warrants are listed; i.e. the book is original, it is not libelous in content, etc. This clause will be more fully covered by me at another time) The language has been written by the publisher’s attorneys and are usually set in stone.

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D is for Dispute Resolution

by Steve Laube

Pray that it never happens to you. But if there is a situation where you find yourself in a legal battle with your publisher regarding your book contract there are terms that will dictate how that disagreement is handled.

Here is one version from an old contract:

Any claim or dispute arising from or related to this Agreement shall be settled by mediation and, if necessary, legally binding arbitration in accordance with the rules of a mutually agreed upon alternative dispute resolution service. Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. The parties agree that these methods shall be the sole remedy for any controversy or claim arising out of this Agreement and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision.

Regardless of the place of its physical execution, this contract shall be interpreted under the laws of the State of XXXXXXXXXX and of the United States of America.

If you read this carefully you’ll see it lays out the rules that keeps a dispute out of the court system and forces the two parties to use binding arbitration instead.

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Review Any and Every Contract You Sign

by Steve Laube

Today’s headline sounds like a blinding flash of the obvious but you’d be surprised how many writers are not careful about the agreements they sign. Those with a literary agent have that business partner who will review their book contracts, that is a given. But what about their magazine article or online article contracts?

Earlier this month the Condé Nast organization, which includes Wired, Vanity Fair, and The New Yorker, surprised their freelance writers with a new agreement that has Condé Nast controlling the film and television rights on articles published by their magazines, with a cap on the revenue paid to the writer. Why? Because past articles turned into big box office hits like “Argo,” “Eat Pray Love,” and “Brokeback Mountain.”

This contractual assertion has put writers in a bind because they do not want to lose the chance to writer for these prestigious magazines.

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