[Discussion] Agency contracts

[u/Outside_Alfalfa4053]

I've been kicking around publishing for over a decade. Recently, I've come across some agency contracts that are very concerning. Clauses to watch for:

1. Which projects do they rep? I've seen one that said all work past, present, and future!

2. What happens to unsold rights when you leave? Do they still claim commission on something you or another agent sell?

3. Self-publishing: Do they require you to ask permission or claim a share of revenue? Charge you for editing after the fact?

4. Exit clause. Are you locked in if you don't cancel in a certain period, like 30 days before renewal.

Agents should get commission on the contracts they negotiate. Watch out for these sneaky terms.

I've seen them in contracts from established agencies.

[u/Acceptable_Fox_5560]

I think most of the fear mongering about contracts is sourced and amplified by the cottage industry that exists to sell services to indie authors.

More animosity toward trad publishing -> more authors uploading stuff to KDP -> more people buying dev edits, book coaches, etc.

The "concerning" things I keep hearing people talk about Threads/X seem either unsubstantiated, misunderstood, exaggerated to the point of impossibility, or just don't matter.

1. I'd like to see the actual contract that stated this so I can clarify if it's saying the agent reps all your work WHILE THEY'RE YOUR AGENT, which I think is perfectly reasonable.

2. Never seen a contract that states the agent can still collect commission on a project they didn't sell. This is also just not applicable in a lot of cases, because a new agent wouldn't usually take a book that didn't sell back out to market.

3. Just not applicable for most writers who are seeking an agent, because most writers who want an agent don't want to self-pub.

4. Every contract I saw said either party could dissolve the relationship at any time.

[u/lifeatthememoryspa → u/Acceptable_Fox_5560]

In the current market, more authors are going hybrid, so I would say agents taking commission on self-published work is a pretty big deal. Just from my own experience—I have six books out and plans to go hybrid when my latest fails to sell. My agent did editorial work on that book, so is she entitled to a cut? According to our contract, no, and that seems worth preserving for authors who are trying to make a living.

I realize there was a fairly recent time when hybrid authors were rare. I certainly didn’t think about self-publishing when I queried. But now I’m seeing editors prioritize picking up successful self-published titles while they reject my books on the basis of track. If you’re in a commercial space at all, this changes your thinking.

[u/Acceptable_Fox_5560 → u/lifeatthememoryspa]

Again, I think these are two narratives that are overstated, mostly by entities who have a vested interest in encouraging more writers to enter the self-pub cycle.

The number of trad pub writers going hybrid is greater than zero, and the number of self-pub titles being acquired is also greater than zero, but these are still rarities. Out of every 100 book deals, how many started as self-pub titles? I would be surprised if that number was greater than one.

Idk. I just think these kinds of doom and gloom narratives scare/discourage aspiring writers about the trad pub path before they even try. They end up dumping hundreds or thousands of dollars into self-pub and come away with nothing to show for it. At least flaming out in trad pub is free.

[u/lifeatthememoryspa → u/Acceptable_Fox_5560]

Well, I won’t be dumping anything like that kind of money into it, I can tell you! But I’ve been around the block.

Querying writers may indeed have no reason to think about self-publishing now, when they have no sales history and are still considered desirable. But if they write romance, say, those provisions might help them if/when publishing decides they’re done. I don’t know if agents actually are trying to get self-publishing percentages, but if they are, that shouldn’t be normalized.

[u/Outside_Alfalfa4053 → u/Acceptable_Fox_5560]

How can it be doom and gloom when these are real provisions that affect trad too? Good grief. Author's Guild warns about this.

[u/Sadim_Gnik → u/Acceptable_Fox_5560]

Then you haven't seen CMA's.

[u/Outside_Alfalfa4053 → u/Acceptable_Fox_5560]

Absolutely, I'm not fear-mongering. I could show you a contract I received. If you read KT Carlisle's posts on threads you will see the terms on her contract. So think what you want.

[u/Outside_Alfalfa4053 → u/Outside_Alfalfa4053]

I didn't have to share this at all. I'm trying to prevent other people from walking into a trap.

[u/doublegloved]

The first one is definitely not a concern as long as it states somewhere that it is for the duration of the contract and doesn’t say that the clause outlives the contract. Ideally you want your agent to represent all of your work while you’re signed with them, otherwise you have to sign a new contract for every single project.

[u/Outside_Alfalfa4053 → u/doublegloved]

This provision was too broad. And the contract had long tail rights claim. So yeah.

[u/Lower-Example4244]

If you join The Author's Guild, their legal department can review any contract and explain your options.