Wednesday, September 12, 2007

Anatomy Of An Agency Agreement—Part Eight

STATUS: Oops. I almost forgot to blog today. Seriously, I was all proud of getting just about everything done that I had hoped to. It slipped my mind until now.

What’s playing on the iPod right now? THE CRYING GAME by Culture Club

We haven’t talked about agency agreements in a while so let me jump back in with clause 10 which is entitled Term of Agreement.

I’m not one to have a client stay with me if they aren’t happy with the representation (and vice versa) so in my agency agreement, either party can terminate the relationship with a thirty day written notice.

However, the clause also states that my agency remains the agency of record for all contracts negotiated while the agreement was in force. We also get to continue to pursue any secondary rights sales for material on which we sold the primary rights (for the life of that primary agreement.)

I also have a clause that doesn’t allow a client to do a bait and switch by having me do all the work to land a publishing contract only to have a client terminate the agreement (yet accept the publishing contract) so as not to pay my 15% commission. Not cool. So there is language in this clause to protect the agency from unethical authors.

And yes, folks, unethical authors do exist. I have many stories I could share on that score but I won’t. I may rant but I do try to stay mostly positive.