Sample Literary Agent Contract
If you are lucky enough to be offered representation by a reputable Literary agent, the next step is the contract you will be expected to sign. Never ever sign anything without understanding what you might be signing away. Believe me, there are plenty of contracts out there that are not in the author’s best interests.
Below is a sample contract, reproduced with permission from Literary Agency Keller Media, to help you recognize a contract that is fair to the author as well as the literary agent. Please be respectful of Keller Media’s copyright of this contract.
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Here you can see an example of our current agency contract. You are welcome to review it, ask questions about it, wish it was yours, and so on. In fact, the only thing you cannot do is reproduce it. It’s copyrighted, a word that will mean a lot more to you when your book comes out. Please note the straightforward language and easy-to-understand terms we use, which are by all accounts quite fair to us and to you, the author. As the author of 31 books under 9 pseudonyms, senior agent Wendy Keller is a vocal advocate for author’s rights. But don’t take our word for it. Review the contract below:
NOTE TO AUTHORS: Don’t sign an unfair contract, or anything you don’t understand, no matter who offers it to you or how eager you are to get an agent.
WE CAN HELP YOU WITH ANY OTHER AGENCY’S or PUBLISHER’S CONTRACTS… sometimes even if it has already been signed!
SAMPLE AUTHOR REPRESENTATION AGREEMENT
Representation Agreement
This Agreement is between Keller Media, Inc., a California corporation, 22631 Pacific Coast Highway, No. 701, Malibu, CA 90265 hereinafter referred to as “Agency” and “YOUR NAME HERE”, hereinafter referred to as “Author.”
- AGENCY: The Author appoints Agency as the sole and exclusive Agency to advise, arrange and negotiate for the publication, sale, license or any other disposition in any language, media, form or format my nonfiction content, commencing with the project currently titled, “YOUR TITLE HERE”, hereinafter referred to as the “Work.”
- PERFORMANCE: The Agency will work to secure the best possible offers for the Work in a professional and efficient manner and bear all related costs of representation. The Agency has the right to choose the agent in its employ to aid in placement, and may work with sub-agents in specific rights categories at its discretion. The Agency will always offer its best advice and suggestions for the improvement, marketing and disposition of the Work. The Author agrees to carefully consider all advice given.
The Author agrees that if a potential buyer approaches for the Author’s literary work or writing services, that buyer will be referred to the Agency.
If either party approaches the other with an idea but the parties do not develop it together, the idea belongs to the party first presenting it. That party is free to develop the idea as they see fit.
- COMPENSATION: The Agency has the right to deduct as commission the following listed percentages of all monies received related in any way to the Work, with the sole exception of speaking fees that the Agency did not aid in booking:
a) Fifteen percent (15%) of all income earned from the domestic placement of the Work;
b) Twenty percent (20%) of all income earned from any foreign, electronic, digital, sponsorship, merchandise, dramatic, film, performance or other ancillary or secondary right related to the Work. This covers the expense in shipping and selling books overseas, as well as travel costs typically incurred in the placement of secondary rights. An additional five percent (5%) of gross income may be required by a sub-agent if one is used.
c) Thirty percent (30%) of gross monies derived from the Agency’s placement of the Author as a paid speaker, such commission exclusive of Author’s travel costs and other reimbursements for Authors direct expenses.
The Agency is entitled to the above-mentioned percentages in 3.a. and 3.b for the legal life of the Work on all agreements substantially pertaining to or made possible by the Work whether they arise from an agreement initiated or negotiated by this or another Agency, by the Author or by any third party or corporation. Speaking engagements (3.c) not booked by the Agency are not subject to this agreement.
- TERM OF AGENCY: Most but not all book proposals sell within 90 days of presentation to publishing houses. The Agency agrees to work on the Author’s behalf as long as it believes a sale is possible, and notify the Author in writing if no sale seems likely. Upon such written notice, the Author’s obligation to Agency ceases for any unsold rights extant in the Work.
If the Agency successfully places any right to the Work during this time, Agency is hereinafter known as “Agency of Record” on the contract with the publisher or other third party and is thus entitled to participate in the placement of all secondary rights extant within the Work.
If within three (3) months of cessation of this Agreement a publisher to whom the Work had been submitted by the Agency notifies the Author or the Agency that it wants to contract publication of the Work, the Agency is entitled to all rights provided under this Agreement, including the right to receive commission.
If the Author has or does create additional nonfiction works prior to the sale of the Work, the Author may offer such to the Agency for review and possible representation. The Agency is not obliged to accept such works for representation. If the Agency declines, the Author is free to take the works elsewhere without obligation to the Agency. Any new project taken on for representation is wholly subject to the terms of this Agreement.
Upon the sale of the Work herein contracted, the Author agrees to give the Agency first right of refusal on Author’s next non-fiction work.
- RECEIPT and DISBURSAL of FUNDS: All third parties acquiring rights to the Work in any form or format shall be directed and authorized by the Author to remit the Author’s payments to the Agency. Receipt of such payments by the Agency shall be deemed receipt by the Author. The Agency shall remit payments to the Author, after deducting Agency commission, not more than ten (10) business days after monies have been received. There will be a clause in the Author-Publisher contract stating these terms and conditions. The Author’s heirs and assigns will respect and adhere to the intentions of this Agreement.
- EXECUTION OF AGREEMENTS: Agency will not enter into agreements on behalf of the Work without the Author’s approval. No agreement is valid without the Author’s signature unless the Author has expressly provided permission for Agency to sign by proxy (usually only applicable for the sale of translation/foreign rights). Author has the right to review all offers received and make suggestions for improvement.
- OWNERSHIP: Author hereby warrants ownership to all the rights related to the Work and is able to dispose of them, that all manuscripts are original and are free from any plagiarism, slander or libelous content or intent thereof. The Author will keep an original copy of the manuscript in the Author’s possession and declares that there are no liens or pending legal action against this Work. Author accepts full and complete responsibility for the results of the authorized disposition of the Work by any third parties. Author indemnifies Agency and its employees, sub-contractors, and corporation from any liabilities, losses, claims, demands, costs (including those of an attorney) and any other expenses arising from or in connection with any breach or alleged breach of the foregoing.
- PREVIOUS EXPOSURE: Prior to or upon signing this Agreement, the Author will provide the Agency with a complete list of publishers, if any, located anywhere in the world who have seen the Work or a proposal for the Work in any form.
- RELEASE: The Author acknowledges that the Agency does not purchase literary properties and cannot guarantee a sale. Author acknowledges that other works may exist in the marketplace which may be similar to the Work, and that neither the Agency, its employees or assigns can bear any responsibility for the existence of such competing works. The Agency has the right to represent similar content as long as the representation does not interfere with the efforts made on behalf of the Work. At the Author’s option, works submitted for representation can be registered with the US Copyright Office, although it is customary for the publisher to obtain copyright on behalf of the Author when the work has become a viable commercial property as a result of a legally binding contract. Author agrees to notify the Agency if such copyright is obtained prior to the sale of the Work.
10. ENFORCEMENT: In the unlikely event of a dispute over any of the terms of this Agreement, the parties agree to resolve such dispute by the pursuit of arbitration through an accredited and mutually acceptable arbitrator. The prevailing party shall have the right to recover all associated costs from the breaching party. In any dispute over this Agreement, the laws of the State of California apply.
11. ASSIGNMENT and AMENDMENT: This agreement shall be binding on both the Author and the Agency. It is not transferable or assignable without joint written consent. In the event of the death or inability of either of the parties, the heirs, assigns and executors are hereby legally bound. This Agreement cannot be canceled, altered or amended except in writing and signed by both parties.
I have read and fully understand the terms of this document. In agreement, I sign below…
That’s it! Hope your work is so fabulous we offer YOU one of these soon!
COPYRIGHT © 2010, Keller Media, Inc.
ALL RIGHTS RESERVED
Infringement WILL be prosecuted.
Thanks for the post, it was really interesting while reading your post. I really enjoyed it.
How do I get permission to use this contract?
I’d talk to Keller Media directly since they explicitly state that this contract may not be reproduced (I took permission from them). Who knows, they might give you permission. Good luck!
Thanks for the post. An agency offers a 3 year contract but says the agreement on the specific work will continue even after the term period. So you have to continue paying them their commission for the rest of your life. Is that the way it is with all agencies or can I object to that?
Hi Narasimha,
Unfortunately, I’m not an expert (and I don’t know if we have media/entertainment lawyers in India) so *please* do confirm from another source. You might want to to find out what the point of the 3-year contract is if there is no choice for opting out. My understanding is that the commissions to your agent continue for the life of your book, not just the length of your life.
As for the commission percentage, 15% does seem to have been the norm before for local sales (within the US; there isn’t any set percentage in India because we don’t have too many literary agents) the e-book explosion took place. Apparently there is a lot more negotiation involved now.
All I can say is, don’t sign away your rights without knowing what they are. Even five years ago, who could have predicted the ebook phenomenon?
Good luck!
Rasana
Also, they charge a 20% commission on national and 25% on international remuneration. Isn’t that too high as per industry norm?