Recommendations If the Agency does not provide a written agency agreement to the author, it is best to request one to ensure that all conditions are understood and agreed upon. If the Agency does not submit a contract and insists on relying on an agency clause, the author should request, before the Agency remains, to review and approve the clause used by that agency in the contracts it has negotiated. It is best to do so by e-mail so that you have a written record and confirm that you agree to the terms, so that there is a legally binding agreement. Officers often present their agreements as informal letters. They can be written in “simple language” and avoid legal terms. This does not make them any less applicable or less important to an author`s career. Recommendations The author should try to remove these provisions from the agreement. Although the author must assume such obligations in a book publishing agreement in order to protect the publisher from complaints or lawsuits concerning the content of the author`s literary work, the author`s representative is not exposed to such risks and therefore does not need such protection. The agency clause An agency clause (often added to publication and other licensing contracts) can also define the terms of the relationship between the author and the agent. Such clauses are usually: Are you looking for a literary agent? What questions do you have about what should be in your contract? Now that, as we hope, you have a clearer understanding of how the agency relationship works, let`s move on to the treaties themselves.
Here are some important points to consider when you are asked to sign an agreement with a literary agent or agency: Agent Owes a “Fiduciary Duty” to the author A literary agent or agency has a “fiduciary” relationship with its author clients; This means that you give your agent more confidence than in other businesses, z.B. In your relationship with your publisher. Because of this increased trust, an agency is indebted to its clients and must therefore always put the interests of the author above its own and avoid any conflict of interest with its clients.