Legal Essentials For Authors

[Paul Whybrow]

I signed-up to the Alliance of Independent Authors (ALLi) about a year ago, receiving their regular newsletters. These are often interesting, and today's is worth checking out - including the video and podcast.
http://www.selfpublishingadvice.org/legal-authors-helen-sedwick-video-podcast/

I smiled wryly at the advice :

* Self-Publishers should avoid granting “Exclusive Worldwide Rights”

This is because the bogus fantasist literary agent Jane Dowary, currently in New Jersey, contacted me again recently asking for this. She's emailed me about ten times now, and is remarkably persistent considering that I don't respond.
http://absolutewrite.com/forums/showthread.php?257365-Jane-Dowary-Agency

We've all heard stories of pop and rock musicians who signed foolish contracts, and the temptation of being accepted and seeing one's career take off is just as alluring to solitary writers. It's worth remembering that we're in a business - and here be dragons!

 

[Jason Byrne]

I've wondered about that — you go through the travail of searching for a literary agent or publisher, and finally produce some interest — sure, the terms are less than ideal, but it's better than nothing, right? I'll bet a lot of people would knowingly walk into something like this, just for fear that they'll never get a better chance.

 

[Nicole Wilson]

I've wondered about that — you go through the travail of searching for a literary agent or publisher, and finally produce some interest — sure, the terms are less than ideal, but it's better than nothing, right? I'll bet a lot of people would knowingly walk into something like this, just for fear that they'll never get a better chance.

I thimk if you have a literary agent, this isn't as necessary. Literary agents are trained in legal matters specifically designed for authors. Plus, they only get paid if you do and they should want to continue their relationship with you for many, many more books to come, so they will likely be getting you the best deal they possibly can.

Now, if you work directly with a publisher, you might want some legal counsel to look over your contract.

 

[Carol Rose]

One glance through this forum on Absolute Write and you'll soon realize there are just as many unscrupulous literary agents as there are unscrupulous publishers. Having someone look over a contract you're about to sign from ANYONE is good practice, period. In this day and age, anyone can make a website and claim they're an agent or a publisher. Doesn't mean they know what they're doing, or that they have anyone's best interests at heart except their own.

http://absolutewrite.com/forums/forumdisplay.php?22-Bewares-Recommendations-amp-Background-Check

 

[Jason Byrne]

I thimk if you have a literary agent, this isn't as necessary. Literary agents are trained in legal matters specifically designed for authors. Plus, they only get paid if you do and they should want to continue their relationship with you for many, many more books to come, so they will likely be getting you the best deal they possibly can.

Now, if you work directly with a publisher, you might want some legal counsel to look over your contract.

True, if you have already managed to find a worthwhile literary agent, but not all literary agents are created equal, either. I'm re-posting the findings of @Paul Whybrow in regards to a literary agent that tried to ensnare him,
Drewlie & Julia: Or, the Case of the Alias'd Literary Agent

I know Absolute Write and Victoria Strauss jump at ghosts @Nicole Wilson, but this one's pretty out there. When it comes to often cloistered and naive writers, there are a lot of natural predators.

 

[Carol Rose]

As someone who was once taken in by a less than scrupulous agent, I have to respectfully disagree about sites that expose them as "jumping at ghosts." I only WISH the Internet had been around, and those particular sites up and running, when I turned over way more money than I had to lose to a so-called "literary agent." If you've never been there, it's easy to say it doesn't exist, or that people make too much of it. But if you've been down that rabbit hole, you realize how easy it is, especially now with the Webz, for someone to take advantage of desperate, naive writers.

 

[Nicole Wilson]

As someone who was once taken in by a less than scrupulous agent, I have to respectfully disagree about sites that expose them as "jumping at ghosts." I only WISH the Internet had been around, and those particular sites up and running, when I turned over way more money than I had to lose to a so-called "literary agent." If you've never been there, it's easy to say it doesn't exist, or that people make too much of it. But if you've been down that rabbit hole, you realize how easy it is, especially now with the Webz, for someone to take advantage of desperate, naive writers.

I don't think Jason was saying that AbsoluteWrite believe everyone is bad, but it's good to do your own research outside of them. They accused AgentPete of being a swindler as well, and we all know that's not true. Just do your research.

 

[Jason Byrne]

I don't think Jason was saying that AbsoluteWrite believe everyone is bad, but it's good to do your own research outside of them. They accused AgentPete of being a swindler as well, and we all know that's not true. Just do your research.

I saw that you had said that @Nicole Wilson, and that's what I was referring to.

Sorry, @Carol Rose — quite the opposite, I brought up this site to show how they exposed people like "Julia Levin," but wanted to preface it out of respect to @AgentPete. The thought of people doing this to authors infuriates me, and let one such mistake me for a fool. I would love it. Seriously. Send 'em my way.

 

[Carol Rose]

I saw that you had said that @Nicole Wilson, and that's what I was referring to.

Sorry, @Carol Rose — quite the opposite, I brought up this site to show how they exposed people like "Julia Levin," but wanted to preface it out of respect to @AgentPete. The thought of people doing this to authors infuriates me, and let one such mistake me for a fool. I would love it. Seriously. Send 'em my way.

Peter is one of the good ones.

 

[Carol Rose]

I don't think Jason was saying that AbsoluteWrite believe everyone is bad, but it's good to do your own research outside of them. They accused AgentPete of being a swindler as well, and we all know that's not true. Just do your research.

Yeah, I remember that. Crazy stuff, that.

 

[Richard Sutton]

It seems like the advent of digital Print On Demand tech and the eBook served to spawn legions of folks looking for a pile of something to step into. I have now limited myself to occasional pitching to targeted agents who (here in the US), are members of the AAR (Association of Artists Representatives) who are very anal about making sure their membership is in compliance with their ethics standards, including such niceties as no reading fees, etc.

 

[AgentPete]

That was several years ago, when the idea of something like Litopia was pretty radical. Back then, I recall having several irate conversations / email exchanges with folk who just knew that Litopia just had to be one giant fraud... but they couldn’t quite work out how the scam operated...

However.

As Jason says, not all agents are created equal. I think most authors instinctively expect their agents to play fair, and to put the client’s interests ahead of their own. Unfortunately, that doesn’t always happen – and I’m not talking about obvious scams, or outlandish “agents” who work out of trailer parks.

I’m really concerned at the moment by this. The radically changing market environment is turning up some pretty unpleasant scenarios. Can’t say more at the moment, maybe in a few months.

 

[Nicole Wilson]

It seems like the advent of digital Print On Demand tech and the eBook served to spawn legions of folks looking for a pile of something to step into. I have now limited myself to occasional pitching to targeted agents who (here in the US), are members of the AAR (Association of Artists Representatives) who are very anal about making sure their membership is in compliance with their ethics standards, including such niceties as no reading fees, etc.

I use the AAR site as well to verify my agents. Super helpful and AAR members aren't allowed to charge reading fees.

 

[Richard Sutton]

Agency itself must be going through some wicked growing pains. The marketplace is still morphing into several entirely new forms and the contacts once held dear might not be enough to insure a future margin. I don't know how you guys keep your heads, Pete. Seems like there are so many hands taking slices of every pie, there's not much left by the time your own slice gets figured. I'm glad all I have to worry about is improving my writing!

 

[Bernard Stacey]

That was several years ago, when the idea of something like Litopia was pretty radical. Back then, I recall having several irate conversations / email exchanges with folk who just knew that Litopia just had to be one giant fraud... but they couldn’t quite work out how the scam operated...

It was (and remains) a rubbish scam.
I've had lorry-loads of good writing advice, saved hundreds of pounds on POD deals, made good online friends, and had more fun with flash fiction competitions than you could pack into a beer barrel - and all you had from me was a few quid on the old Litopia site and nothing here. Seriously, @AgentPete, you really need to up your game with this scamming lark.

 

[AgentPete]

<sigh> The thing is, authors are quite easy targets for scamming, always have been. That’s the rationale for having authors’ agents in the first place... we’re supposed to look after their business interests. “Best friend and worst critic” is what I call it.

You hear much less these days about vanity publishers, but there are a ton of new dodges out there, all looking for the author’s penny. Mostly not outright frauds, but all of them seeking to exploit the gullible. Not nice.