I've seen a few posts on potentially damaging agreements that writers can enter into with agents.
Rather than being illegal, unethical, or bad practice, some of these issues may actually be welcome - after all, some people may be happy for an agent to handle absolutely everything, and be paid for it.
However, there seems to be no harm is making sure that writers are aware of potential issues, and how they make affect them.
I'll therefore update this post with issues as I encounter them. Feel free to add anything in following posts:
- World rights
World Rights: Agents Hold Firm
The argument is that it's more efficient - in monetary terms - for a writer to sell rights to individual markets on an individual basis.
However, world rights can mean a biger advance and the publisher pushing harder on promotion. It may be the case that additional markets would not become possible without the publisher putting their weight behind the world rights they've bought.
For example, a friend's last project was bought by a Big 5 on a world rights basis. Not necessarily the most efficient. Yet via book fairs the publisher was able to push French rights, where the book actually found its biggest market success.
- Agent clauses
The Business Rusch: The Agent Clause (Deal Breakers 2012)
Some clauses may tie an agent and writer together without any hope of termination. Some clauses may benefit the agent against the writer's interests. As ever, caveat emptor - buyer beware.
- Estate management
Business Musings: Agents and Estates (Contracts/Dealbreakers/Estates)
Management of a writer's estate may be an increasingly important issue, not least as ublishers are increasingly looking for rights to your work for the rest of your natural life + 70 years to copyright expiry.
- Copyright
11 Things Every Writer Should Know About Copyrights
Copyright isn't just about protecting your work. It's not even about simply reproducing your work. It's about how your ownership can be manipulation - and how some companies will attempt to take some parts of it from you.
- Know your rights
Know Your Rights
Anyone in publishing can leave a publisher - the staff, the investors, the contractors. Everyone except the authors.
And here's a great tidbit:
- Option clauses
Business Musings: Long-Term Thinking: The Option Clause (Contracts/Dealbreakers)
This may serve the publisher interests much more than the writer's, and may be something worth negotiating out to allow for greater flexibility in the publishing world.
- The non-compete clause
Business Musings: Long-Term Thinking: The Non-Compete Clause (Contracts/Dealbreakers)
A non-compete sounds harmless enough, but it could exist only to protect the publisher and allow them to control all of your professional output:
[EDIT: There are some superb pieces overall listed in this section of Kristine Rusch's website:
Business Musings – Kristine Kathryn Rusch ]
Rather than being illegal, unethical, or bad practice, some of these issues may actually be welcome - after all, some people may be happy for an agent to handle absolutely everything, and be paid for it.
However, there seems to be no harm is making sure that writers are aware of potential issues, and how they make affect them.
I'll therefore update this post with issues as I encounter them. Feel free to add anything in following posts:
- World rights
World Rights: Agents Hold Firm
The argument is that it's more efficient - in monetary terms - for a writer to sell rights to individual markets on an individual basis.
However, world rights can mean a biger advance and the publisher pushing harder on promotion. It may be the case that additional markets would not become possible without the publisher putting their weight behind the world rights they've bought.
For example, a friend's last project was bought by a Big 5 on a world rights basis. Not necessarily the most efficient. Yet via book fairs the publisher was able to push French rights, where the book actually found its biggest market success.
- Agent clauses
The Business Rusch: The Agent Clause (Deal Breakers 2012)
Some clauses may tie an agent and writer together without any hope of termination. Some clauses may benefit the agent against the writer's interests. As ever, caveat emptor - buyer beware.
- Estate management
Business Musings: Agents and Estates (Contracts/Dealbreakers/Estates)
Management of a writer's estate may be an increasingly important issue, not least as ublishers are increasingly looking for rights to your work for the rest of your natural life + 70 years to copyright expiry.
- Copyright
11 Things Every Writer Should Know About Copyrights
Copyright isn't just about protecting your work. It's not even about simply reproducing your work. It's about how your ownership can be manipulation - and how some companies will attempt to take some parts of it from you.
- Know your rights
Know Your Rights
Anyone in publishing can leave a publisher - the staff, the investors, the contractors. Everyone except the authors.
And here's a great tidbit:
PG would like to talk a bit about authors making a decision to sign a publishing contract with a particular publisher or editor.
Isn’t that a huge reason why most authors sign a publishing contract? RomancesRUs is the hottest publisher around and some of their authors are New York Times Bestsellers. And Leticia is the best romance editor who ever walked the earth plus she is so nice on the phone. (ditto for SciFiRUs, etc.)
The idea that no one will remember RomancesRUs in ten years and Leticia will be fired in six months doesn’t enter most authors’ calculations.
It is the nature of declining businesses to attempt to consolidate their way to survival. That’s what’s been happening in big and small publishing for awhile and what will continue to happen.
Many authors sign with a publisher because of that publisher’s reputation for quality books and successful authors. Some authors will sign because they’ll be working with an editor with a great reputation for excellence and success, the kind of editor that bestselling writers mention in interviews.
Similar thinking goes into an author’s decision to sign with a star agent, one with many happy authors who say nice things about the agent’s work.
These would be good business reasons to sign a contract that lasted for five years.
However, current reputations and past successes are a terrible reason to sign a contract that will tie up rights to an author’s books for the full term of the copyright. As a reminder, in the US, copyrights last for as long as the author lives plus 70 years.
- Option clauses
Business Musings: Long-Term Thinking: The Option Clause (Contracts/Dealbreakers)
This may serve the publisher interests much more than the writer's, and may be something worth negotiating out to allow for greater flexibility in the publishing world.
- The non-compete clause
Business Musings: Long-Term Thinking: The Non-Compete Clause (Contracts/Dealbreakers)
A non-compete sounds harmless enough, but it could exist only to protect the publisher and allow them to control all of your professional output:
If you sign any version of a non-compete clause, you will never be a full-time professional writer. Writing will not be your career. Something else will, and you will write on the side for the rest of your life.
[EDIT: There are some superb pieces overall listed in this section of Kristine Rusch's website:
Business Musings – Kristine Kathryn Rusch ]
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