The Author's Toolkit by Mary Embree

Author:Mary Embree [Embree, Mary]
Language: eng
Format: epub
Published: 2011-05-03T07:00:00+00:00

Any written agreement can be a legally enforceable contract. The following information should not be construed as legal advice, merely a discussion of what to expect in agreements you make with an agent, publisher, or collaborator, and what to watch out for. Because laws and procedures are different in different states, countries, and industries, and are subject to change, you are advised to get qualified legal advice before signing any agreement. Sometimes authors are so excited about finding an agent or a publisher who is interested in their book that they will sign just about anything. Remember the old saying, "Act in haste, repent at leisure," and proceed with caution.

In chapter 10 the role of the agent was explained. Once you have found an agent who you think is the right one to represent you and your works, and that agent has offered you representation, there are a number of questions you should ask.

The Association of Authors' Representatives (AAR) has a list of twenty-two topics they suggest you discuss. Until you know more about the agency, it is not advisable to sign any contracts.

Find out if the agent is a member of the Association of Author's Representatives. All members must abide by a Canon of Ethics and satisfy the requirements for AAR membership, which includes experience in the field. To qualify for membership the agent must have been "principally responsible for executed agreements concerning the grant of publication, translation or performance rights in ten different literary properties during the eighteen-month period preceding application." Here are some other questions to ask.

■ How long has your agency been in business and how many people are employed in the agency?

■ Who in the agency will actually be handling my work?

■ Will that person keep me apprised of the work the agency is doing on my behalf?

■ Will you provide editorial input and career guidance?

■ Do you provide submission lists and copies of publishers' rejection letters?

■ Will you consult with me on all offers?

■ What is your commission? (Most charge 15 percent for basic sales to U.S. publishers.)

■ How do you process and disburse client funds?

■ Do you charge for expenses incurred in handling my work, such as postage, phone charges, and copying costs and, if so, will you itemize such expenses for me?

■ Do you issue annual 1099 tax forms?

■ What do you expect of me as your client?

Taking the time to discuss those matters will help smooth the relationship with your agent. Before getting involved you must know what the agent's responsibility is and what yours is. One complaint agents make is that their clients expect them to be available to speak with them at all times. They also grumble that authors think agents aren't doing their job if they don't get them a deal with a publisher. But, the agents say, some manuscripts just aren't marketable for any number of reasons and they have so many clients that they can't talk to each one every day on the phone. They need time to contact publishers.

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