Tuesday, August 07, 2007

Anatomy Of An Agency Agreement—Part Four

STATUS: Uh… it can’t really be after 11 o’clock at night, can it? Perhaps next week I can share why I’ve been burning the near midnight oil every night…

What’s playing on the iPod right now? I WILL FIND YOU by Clannad (Last of the Mohicans soundtrack)

Great. It’s late at night and I get to tackle the most morbid clause of my agency agreement.

Clause 5 is entitled Dissolution of Agency: Death or Incapacitation of Principals of Agency.

You guessed it. This clause addresses what happens if I kick the bucket suddenly (or not so suddenly as the case might be). Not a particularly happy clause but an important one to have clearly outlined before signing on with an agent or agency.

The smaller or more boutique the agency, the more important this is. If an agent is a “one person show” for all practical purposes (and this isn’t a bad thing—lots of terrific agents aren’t part of a bigger, corporate agency), then it’s really important to know what happens to your literary material if this person (and hence the agency) is no more.

Ah, the little things that an agency agreement can make clear…