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I have a question regarding a literary contract. This is a
Hi This is a contract that I received from a literary agent and her partner an editor.-the contract is meant to be 100%about editing and agenting this and only this book, nothing else. If we should want to do a second book together, that would entail a new contract.I came in contact with these people through the Editor. The Editor is in partnership with the Agent. The Editor stated that agents are not allowed to charge for editing. She has said that she and I will work together on the editing and will be ready to submit the manuscript when you and I agree it is ready. She went on to say that It is a process that cannot have a timeline written in stone, of course, but this should go fast because it is a matter of reorganizing, not rewriting. She has also said that she, the Editor will not charge for the Editing and that the only payment due to the Agent and/or Editor from the Author is the 15%/20% total as outlined. The fact that I am the Author and own all rights to the material other than what is specified here needs to be written into the agreement.THIS AGENCY AGREEMENT ("Agreement") is entered into____on this date between the Author and the AgentTERMS: 1.Rights; Term. The Author hereby engages Agent and Editor, and Agent and Editor accept such engagement, as of the September 30, 2019, as the Author' sole and exclusive agent and representative throughout the world, unless specifically limited herein, with respect to the Author's services, activities(I would suggest that we tighten this up because my counselling, group sessions, etc. will not be a part of this agreement. However, if I do an appearance or a speaking engagement as a result of the book or their promotion that would be different) and participation in the literary publication field and the sale, lease, license or other use or disposition in any and all media now or hereafter known (hereinafter "disposition") of the book-length literary work of nonfiction entitled,XXXX, unless specifically excluded herein,(I think this should say what should be included, not what should not be included (hereinafter "properties") created by the Author or owned and/or controlled by the Author or any firm or corporation owned and/or controlled by the Author. The rights herein represented by Agent include, without limitation, electronic publication, foreign publication and foreign language publication, audio recording, motion picture, television, audio-visual media, stage and all merchandising, commercial tie-up and subsidiary rights now or hereafter known relating thereto and all services rendered by the Author in connection with the exploitation of any such rights.2. Representations and Warranties. The Author warrants and represents that the Author has the right to enter into this Agreement and that the Author does not have, nor will the Author hereafter enter into any agreement or incur any obligation in conflict herewith (unless we cease our agreement). The Agent warrants and represents that it will edit and market the Author's properties, use its best efforts to negotiate the best available terms and conditions on Author's behalf, and will use its best efforts in the foregoing for the purpose of securing deals based upon the exploitation of Author's properties.3. Commission. a. The Author agrees to pay Agent/Editor as and when received by the Author, or on the Author's behalf, or by any person, firm or corporation owned and/or controlled by the Author, directly or indirectly, or in which the Author now has or hereafter during the term hereof acquires any right, title or interest, and Agent agrees to accept, as and for Agent's compensation, a sum equal to Fifteen Percent (15%) of the gross compensation and/or other consideration earned [in the United States and Canada, whether during or after the term hereof, and without deduction of any kind, pursuant to any contract negotiated during the term of this Agreement, and any and all extensions, renewals, modificatio… read more
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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