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Literary Agency Agreement

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Literary Agency Agreement Powered By Docstoc
					This Literary Agency Agreement is made between an author and a literary agent
whereby the author grants the agent the right to be the exclusive literary agent for the
author. The agreement provides for a certain term of the appointment and sets out the
percent of commission payable by the author to the agent for services and work
performed. This document is intended to provide standard terms and can be
customized to fit the needs of an author or a literary agent.
                     LITERARY AGENCY AGREEMENT

       THIS LITERARY AGENCY AGREEMENT (the “Agreement), is made this ____ day
of ___________, 2_____ [Instruction: Insert Date] (the “Effective Date”), by and between
________________ [Instruction: Insert name of Agent], ______________________________
[Instruction: Insert Address] (the “Agent”) and _________________ [Instruction: Insert
name of Author], [[Instruction: If the author has pen name(s), insert the following: also
known under the pseudonym(s) __________________], ______________________________
[Instruction: Insert Address] (the “Author”).

WHEREAS, the Author desires to appoint the Agent as the Author’s literary agent for the
Represented Works, as defined herein;

WHEREAS, the Agent is willing to accept such appointment and provide such services in
accordance such terms and conditions hereof;

NOW, THEREFORE, in consideration of the foregoing and the mutual promises and covenants
contained herein, the parties hereto hereby agree as follows:


1. SCOPE OF REPRESENTATION

    A. The Author hereby appoints the Agent as the Author’s exclusive worldwide literary agent
for the purposes of representing the Author in the sale, lease licensing, or other disposition of the
rights in and to the Represented Works. For purposes hereof, Represented Works shall refer to
all works of authorship (including, but not limited to, books, articles, playscripts, screenplays,
teleplays, treatments, outlines) that are created by the Author: (i) prior to the Term, provided
such works are not represented by another literary agency or subject to prior an unagented sale;
and (ii) during the Term hereof. Throughout the term of this Agreement.

    B. The Agent hereby agrees that any offers made by any third parties for the sale, lease,
licensing, or other disposition of the rights in or to any of the Represented Works, shall be first
approved by the Authority in writing. Agent shall not execute or sign any Contract, as said term
is defined in paragraph 3 hereof, with respect to the Represented Works; Author’s signature shall
be required for all Contracts.

    C. At all times throughout the Term of this Agreement, the Agent shall use reasonable
efforts to market and advertise the Represented Works and shall not at any time, act in such
manner that may reflect poorly on the Author or the Represented Works.

2. TERM AND TERMINATION

    A. The initial term of this Agreement shall be for a period of one (1) year, commencing on
the date Effective Date. Following the initial term, the Agreement will automatically renew in
perpetuity, Provided that, following the initial term, either party may terminate this Agreement
at any time by providing thirty (30) days’ advance written notice to the other party. “Term,” as
such word is used herein, shall refer to the initial term and the renewal term, if any, as provided
herein. .

3. COMMISSION

In consideration of the Agent’s services hereunder, the Author shall pay to the Agent, and
authorizes Agent to deduct and retain as a commission for services rendered, the sum of
________ percent (___%)[Comment and Instruction: Insert Percent. This usually ranges
between 10% and 20%, often 15%] of gross revenue, whenever received due and payable to
Author in connection with any disposition of rights in and to the Represented Works (each a
“Contract”) resulting from efforts of the Agent, provided that the Contract is executed during the
Term or on all monies received by the Author from the sale of the Represented Works and in
connection with any and all disposition of rights in any of the Represented Works.
Notwithstanding the foregoing, with respect to any foreign (non-U.S.) rights retained from said
Contract(s), the Agent shall be entitled to the sum of ________ percent (___%)[Comment and
Instruction: Insert Percentage. This is usually 5% to 10% higher than the regular
commission] of gross revenue.

4. EXPENSES

Subject to the Author’s advance approval in written, in the event the Agent incurs any unusual or
extraordinary out-of-pocket expenses in direct relation to performing the services contemplated
herein, the Author agrees that the Author shall reimburse the Agent for such out-of-pocket
expenses.

5. DISBURSEMENTS

The Author authorizes the Agent to collect and receive on Author’s behalf all gross monies and
consideration due and payable to the Author in connection with the Contracts. Agent shall remit
to Author all such collections, less commissions pursuant to paragraph 3 hereof and approved
expenses pursuant to paragraph 4 hereof, within five (5) business days of the funds clearing the
Agent’s bank account.

6. ACCOUNTING AND AUDITING

The Agent agrees to, t
				
DOCUMENT INFO
Description: This Literary Agency Agreement is made between an author and a literary agent whereby the author grants the agent the right to be the exclusive literary agent for the author. The agreement provides for a certain term of the appointment and sets out the percent of commission payable by the author to the agent for services and work performed. This document is intended to provide standard terms and can be customized to fit the needs of an author or a literary agent.