Agent/Publisher Contract Terms You Should Know

[@AlexaDonne]

TIMESTAMPS PART ONE: Agency agreements 02:01 Literary agency contract basics 03:38 Standard clauses & commission in agency contracts 05:30 Terms regarding parting ways & selling future work 08:12 Other non-standard clauses PART TWO: Publishing contracts 10:48 Publishing contract basics/boilerplates 13:42 Delivery/terms of acceptance/deadlines 15:27 Advance/royalties/joint vs. separate accounting 18:10 Reserve against returns 19:01 Option/right of first refusal 21:26 Non-compete 22:49 Cancellation clause 23:47 Morality clause 26:20 Out-of-print clause 27:17 Sub-rights 28:40 Cover approval 29:53 Pen names, author copies, legal indemnification

[@user-xj9sc2zu8g]

Alexa Donne thankyou so much!

[@lukyanoppedisano1130]

Can you please do a video about the NYT bestseller list. Some of the biases and other things that should be known? P.S. I absolutely love your channel. You're so articulate and informative! I'm currently reading BRIGHTLY BURNING. It's so good so far.

[@tessa3474]

This whole video blew my mind a bit, you basically went and answered most of my questions right away. I'm definitely down for my dry, nitty gritty informative videos on this stuff because it is so convoluted!

[@KJ-zr2ko]

❤ this was very helpful. That part about the flashy agent and the lack of ability. I have also seen that in real estate agents. Very flashy. All fluff and no substance and will cheat you at the drop of a hat.

[@i-want-fries1931]

im not even halfway through & i feel so overwhelmed.... why does no-one talk abt any of this??

[@DalCecilRuno]

'cause a lot of the big authortubers are self-pub, and if they are traditionally published, usually their channels are not about these kind of nuances. This is Alexa's thing. At least we have her.

[@odd-eyes9463]

Some of these people actually don't want you to know how it all works. But you need to know. I paid big time for not knowing all the details when I was 17.

[@MettePeleikis]

Hi Alexa, I just wanted to say that as an aspiring author, I can't tell you how much I appreciate your videos. They're so insightful. I know that when I've finished my manuscript, I'll be watching them all, just to know as much about everything before I start searching for an agent etc. I feel like I'll be able to polish my manuscript after watching your videos. So, thank you for that. Love from Denmark.

[@crashlee9585]

I've just started writing and if the FBI listening ever did anything for the people it was listening to, it was reccommending your videos to me. You're here, dropping writing bombs. Just in case I decided to do this for more than just myself, this is amazing advice and information. I couldn't thank you enough for your timing and your efforts.

[@DracoTriste]

You could not have timed this better for me. Thank you!

[@rewrittenashmio4857]

I'm super impressed that you've memorized these long, complicated chunks of information. Wow!

[@katrinaglover5367]

Thank you so much for this, Alexa! I'm still in the first draft stage of my book, but I want to traditional publish and I find myself worrying about these kinds of things. This video gave me the info I needed to relax. Thank you, thank you, thank you.

[@jyotipethe]

Did you finish the book and get it published?

[@DalCecilRuno]

*saving this video for the future* Thank you, Alexa. I'm so dumb when it comes to these things.

[@BooksNChili]

ugh yes, coming through with another video. But question, how would you know if an agent is good at contract negotiation?

[@Matrim42]

Ask. You can also research, talk to other clients of that agent, look at their history, etc.

[@LauraWrites]

I really liked this video. I want to be traditionally published and I really feel like I learned a lot. Thanks!

[@bellamin4549]

14:25 I would love to see GRRMs publishing deadlines 😂

[@Matrim42]

He’s big enough that he might not even have deadlines. Some authors are so valuable as assets that they essentially have all the leverage.

[@Zomxilla]

This was super helpful! I feel like being able to read other contracts ahead of time is super important, just to get familiar with contract language. Contracts in general are intimidating enough, but when it comes to your book baby you want the very best. Thanks for putting it all into perspective in such a consice way!

[@Kelly-Martin]

I love this video. Very informative. Thank you! ALSO, I see Atonement on your shelf. One of my absolute favorite books.

[@michaellayne-vw4jp]

Contracts can be confusing. Thank you for exploring the ideas of it. You can never have enough information

[@RoseKindred]

Thank you for this video. It was highly informative. I wanted to self publish because I never thought I would be qualified enough for traditional but if it does happen at least I have more of a knowledge basis thanks to you and your videos.

[@imaginieiota6298]

The process looks super scary, thanks for the really helpful video.

[@kathrynrossati-barron6351]

Thank you for this, I'm hoping to traditionally publish, and it was super interesting to hear about terms in contracts for signing with agents, not just the publishers. I'm currently with three small presses which deal with royalties rather than advances, so the part on single and joint accounting was especially valuable as I have no experience with that. I feel like I'm more prepared now!

[@spencerhoadley5723]

Honestly this type of video is my shit. I know my basics to write, but seeing the nitty gritty, underbelly of publishing..the business side of everything, is awesome :)

[@cadengrace5466]

So much strong content in this video, it is going to take some time to digest it all and I will certainly have to watch it a few times to get everything from it. Kudo. However, the Red Alert is the Morality Clause. It comes across so ill-defined that it is a perfect storm for a publisher to eject an author on whim. A good publisher would not do that but people are people. There are people out there in the business that are "those" sort of people and once you pop up on their radar, you are the hunted. I can just imagine they would be lurking in your social media waiting for a tripwire. Worse, perhaps they engage in a set up to entrap an author. The reason the publisher might want out of the contract might literally have zero to do with morality but that is going to be the door they drive this sledge hammer through. I have been back and forth over tradition and self for a few years now. I am not social media savvy which effectively kills my hopes for a successful self-publishing debut. But, the more I discover about the traditional route the more I feel like a sacrificial virgin that is going to be tossed into the volcano. It is in moments like this that the dream of being published is more comforting then the ambush nature of publishers. Of course, they aren't like that, but authors even good authors are a dime a dozen and they have the power to be less 'civil' with their contracts. My books are sitting quietly and sedately on my shelves waiting to be born, but as their creator, I am not sure if I will ever want to wade into all of the blood and gore that traditional seems to be.

[@cadengrace5466]

@ktelle Everything you say is true. But, I am not the publisher's employee and all of those laws that protect an employee do not do an author one bit of good. A writer is a vendor. As a vendor I am selling a product and I am seeking a distributor. But, as part of our contract, the distributor wants the non-negotiable power to remove me from my industry and discredit all of my past works, my current works and any future works I might generate, all because they want to. There is no definition of morality. A famous politician once said, "I can't define what is or isn't obscene but I know when I see it." That is the problem, this clause is an undefined open pit that a publisher can toss an author into on nothing more than a whim. I am sure you have been around long enough to know that companies, even small ones are not run with a group consciousness. Instead, notable people in key positions often wield power far beyond their job description. All it takes is for that person to make a judgement call that ends the relationship with an author. Even if that call is unwarranted, the employee that made that call will be reviewed and given a smack on the wrist and go back to their office. The author has had their industry ruined. How can that be, you ask? Well, while there are untold numbers of writers out there, the actual publishing world is very, very small. They all know each other. If an author gets booted over a morality clause - it will never be detailed, just that it is that reason - no other publisher is going to touch that author - ever! If you were an employee, you would have legal recourse but an author, sorry, no such luck. Writing may be my passion, but Corporate Human Resources has been my stock and trade. This is a terrible turn of events and I will never publish a book if my contract has such a clause and no one else should either.

[@odd-eyes9463]

I was published at 17. I had a tiny publisher, took the contract to a lawyer friend who was said I needed to negotiate the contract. We did, got a deal for 4 books and I got $10,000 as my first official payment as apart of the contract. This publisher stole another $10,000 from me, and I was so thankful that I kept my hold on the book rights. The contract told the publisher if they failed to uphold specific requirements that I requested, then the contract would be terminated and everything would stop. I kept everything, but now, I've rewritten the book and want to publish it again. I'm thinking self publishing might be my only option unless someone wants to publish it for some reason. It was an awful experience, but I learned a lot about investigating and double checking my publishers and agents. Mind you, no agent would touch the book originally because I was 17. I even had some very scathing remarks when they inquired about my age. O e told me I was a stupid child that needed to *"Stop bothering adults. We have better things to do than bother with your trash."* that broke me a little... the whole ordeal did. 🥺

[@07Janina07]

Been an author is rather terrible. I dont know if I want the punishment that comes with it.

[@j3ssicaday973]

Thank you for this! Been searching for it as I am looking to start querying soon. My sister is an attorney, but I had no real clue what sort of things are standard for contracts in this industry, so this was great!

[@bloemundude]

Excellent video. Everything was made as clear as could be reasonably expected considering the meat-market nature of publishing. BTW, I saw Black Books on your shelf. I love and own the DVDs also!!

[@lg231]

THANK YOU FOR THIS ALEXA!!! VERY VERY MUCH NEEDED AND IMPORTANT!

[@Katlyn_Duncan]

Alexa! So much new information. I don't have an agent but I have negotiated my own contracts with my publisher. I had no idea of all these little nuances with agent contracts as well. I'm adding this video to my playlist of things I need to rewatch when I start querying. I agree that the language of contracts still confuses me, but now I know what to look for when it comes to option clauses and sub-rights. :0)

[@WaelAli-sd8sw]

So essentially what you are saying is that publishing houses want profit and they may treat their clients like human garbage and may water down their visions in order to generate short term cash. Well, in that case they may as well alter the inspirations then market the narrative as something as something different then what it originally was. Well, in that case why don’t they write it and completely disregard what the creator has done. Thank you very much for your video. This really opened my eyes and has forced me to re evaluate what I want from a publishing house.

[@stevstring]

Hey Alexa. I’ve been following you for a while now. I appreciate how you look out for us newbies. 🤓 This was very useful. Is there anywhere I can look at sample literary contracts? I’ve done google seaches, but got nothing. Also, are agent and/or publisher contracts regulated by any legal entity? I’m guessing no, but I wonder. And if a publisher has the audio rights, for example, what does that mean the author can and can’t do? Thanks. I understand if you can’t answer all of this? Thanks for everything. You rock.

[@Bumple101]

Such a helpful video. I love how you explained all these terms in an easy to understand way. Thank you!!

[@LindsayPuckett]

this was FASCINATING. Thanks Alexa! One of my friends got a kinda crappy option deal she said is something her pub house is kinda known for-she couldn't sell another children's book (picture, MG, or YA) to anyone until the LAST book in her 3-book deal was turned into her pub. Which could be like 5-10 years away. Is this...normal?

[@authoralysmarchand4737]

Sounds like it would fall under non-compete.

[@juliaglen1632]

First of all, let me say that I love your channel. This was an extremely informative overview of publishing contracts. I love how you have given personal examples and "what if" examples of certain situations that can (and do) come up. All of this is Greek to me so any insight to into this industry means a lot!!!!! Keep up the great work.

[@TheCourtneyProject]

Invaluable information! Thanks for taking the time to make this. You know I’m like a fat kid at a buffet eating it up! 😂😘❤️

[@authorsinterview]

Super important for authors, brilliant video, thanks for your insights!

[@belletoro3100]

Thank you so much for this. And now I’m not sure if I should keep in the song lyric I added in my book......

[@brittneysbookshelf9491]

Thank you so much for doing this! I have been looking for info about this for awhile and there just isn't a lot of info out there. It just isn't something people talk about. It sucks. This was so great.

[@swirlsofblue1]

Thank you for this very informative and awesome vid! I have two questions: 1) If there is a 'rights to everything you create clause' does this just count things you're trying to currently publish or anything you've written in that time period, i.e. if you're writing something that you don't plan to publish until months later do they still have ownership rights as it was written in that time period? 2) How America-specific are these clauses? If in another country can similar clauses be expected?

[@helloworld1249]

So thankful you do what you do. I love your videos! You seem like the best person to ask: If I'm not american, querying american agents with my books is fine, isn't it? English is much easier to wield than Norwegian, haha.

[@DalCecilRuno]

YES!! I'm in the same boat! I'm also in Europe. Querying whoever represents books similar to my own regardless of geography, but I don't know if that's OK. So yes Alexa, 2 people asking! Thank you. 💜

[@i-want-fries1931]

i live in asia & im querying US agents so its fine! i do wish she did make a video abt international authors but i dont think she has enough info (like how would taxes work etc.? cons?)

[@helloworld1249]

@@i-want-fries1931 Thank you for answering! Yeah, the business side of it seems a little vague in our cases, but I guess whatever agent we query has their own solutions. At least, I hope so!

[@AlexaDonne]

Yes, totally fine to query US agents if you're writing in English and would want to debut here. Sadly I don't know a ton much more about being an international author, re: taxes, etc... might be something I can do in future, but I would need 1st person sources for it (ie: friends in that boat).

[@DalCecilRuno]

@@AlexaDonne thank you for answering Alexa! Also, thanks i-want-fries :)

[@i-want-fries1931]

a video i didnt know i needed!

[@dnaeri]

Thank you so much for this! I really needed it.

[@jenniferacres8182]

This was SO HELPFUL. Thanks Alexa!

[@jnstange]

Very helpful. Thanks for taking the time to put this together. I'm in the process of dealing with some of these things right now. Thankfully I have a good agent, and I'm also pleased with the publisher, but this is a practical overview that helps clarify important details of the process. Great job!

[@marisuggs]

Thank you so much for this video. It was so insightful.

[@AMG_Creates]

Saving this for later to rewatch!

[@Saiorcha]

It's such a complex world, and it's all invisible from the outside! Really shows why self-pub is so popular - but obviously that has complications

[@LadyofLetters]

Great video. I'd love to see one on research: what you do, how you plan it, how to organize it etc. It's something I really struggle with.

[@hearsayc.9227]

Signing contracts are part of life. Thanks for the advice.

[@TheGemoChamp]

For those 1Ls, the three things needed for a legally binding contract: offer, acceptance AND consideration

[@michaellayne-vw4jp]

Yes! This is information that’s needed

[@JeanetHenning]

I'm in a country that doesn't require agents so I'm kind of nervous since I'm going on submission and I have no experience and also not a lot of publishing houses in my country do ya so I also don't have almost any options when it comes to places to submit. Any advice?

[@TheEccentricRaven]

Thank you for the outstanding presentation 👏

[@lucascrafes5580]

I really love you! And I appreciate that your putting your time to film and edit these videos to help us with our writing career. But I really wish if the video was shorter.

[@DalCecilRuno]

Speed it up a bit, so it's not really half an hour long. That's if you're in a hurry.

[@rfr2703]

Nah I like them long, like the other person said, speed them up so we all get the best of both worlds😊

[@i-want-fries1931]

okay what i didnt know any of this omg

[@AnnaMaledonPictureBookAuthor]

You are a blessing, Alexa! Thanks for illuminating us.

[@CAPITALIZEDNAME]

What a well-crafted and insightful video. Thank you.

[@WilliamBilsters]

Yay, thank you for this!

[@rieneal17]

Suuuuper helpful. Thank you for doing this one!!!

[@thelucksboutique1768]

I think its interesting publishing doesn't have a secondary market. A secondary market is rather for those whom are not as commercial or as a steping stone to the actual publishing house.

[@estefaniaarellano3997]

Also can you please please make a video about how to best utilize Writer’s Market?

[@NShiro-tp1fe]

Are the things you listed universal or do they only apply to the American book market?

[@i-want-fries1931]

can you break this up & make another video on this topic?

[@bellamin4549]

i-want-fries there are time stamps in the description and pinned post which might help :)

[@CSWells-uq4jx]

Question about professional publishing and beta readers. I know you’ve said that Publishing your book with self pub and then trying to sell it traditionally is not the best idea. The publishing house has lost that right to publish first and control certain aspects of how the book is presented, and they don’t like that. How do agents and publishers feel about you having beta readers before you try selling your book? Is this something that you would want to mention in your query letters if you had extremely positive feedback from Betas? Or would this be a turn off for them because some people have seen the unpolished work already?

[@AlexaDonne]

It is expected that you have critique partners and beta readers, but agents/editors don't care what they think. Generally you should never make any claims in a query, re: people liking it (especially not family!) unless those people are professional editors, ie: "I submitted my manuscript to a HarperCollins editor who said to get in touch once I am agented." Essentially any workshopping you have done should be invisible--the result is the better book, which should speak for itself.

[@CSWells-uq4jx]

Ok. Thanks

[@CMA-he7pe]

I really needed this ! Thanks !

[@tm369club]

This is my first book and I am shocked at how this business model with agents and publishers take advantage of authors. It is time to get rid of them and redo the business model: author to editor to indie publishing. Time to remove these vultures and cut costs to consumer.

[@Agentmg17]

Thank you so much, Alexa 💜

[@Wavewave583]

In any other situation, I would not sign a contract without a lawyer reviewing it so I find it weird if we are supposed to just have the agent explain the publishing contract to us… How do agents or publishers feel about this? To me it seems like a big gamble to not have contracts reviewed by a lawyer.

[@RhaRha1001]

Love the data!!!!

[@kwasont4268]

Ummm so I have a question. Idk if I will answer cause u seem busy but ik give it a shot anyway. I’m writing a book but I’m not sure they will publish it when it’s done cause it will be pretty wrong. Also god video I learned a lot.

[@authoralysmarchand4737]

Do you have a deal already?

[@kwasont4268]

Author Alys Marchand no 😂

[@estefaniaarellano3997]

Any idea what happens when you have five books in a series, but the publisher only bought it /wants the first. Can you move the rest to a different publisher? And what about a non compete clause with yourself? In terms of spin-offs

[@michaelbjrklund9304]

Thanks, and happy New Year, but why so nervous?

[@zarastumberger2553]

I am 14 years old.. Am i too young to become a writer? Btw thank you for this video, you teach me a lot!

[@AlexaDonne]

Definitely not! If you write, you are a writer. I do have a whole video of advice for teen writers that I recommend you check out. When you're super young, just write whatever you want, for fun. You can think about the publishing part of it later :)

[@authoralysmarchand4737]

SE Hinton started writing when she was 15, and she was published at 18. That book? The Outsiders.

[@AMG_Creates]

That red eyeshadow, you've worn it in a few videos and it's amazing! Who makes it and what is it called? I kinda wants it.

[@AlexaDonne]

It's the Run Wild palette by KZbin Tina Yong, from BH Cosmetics! www.bhcosmetics.com/products/run-wild-by-tina-yong. I"m wearing the coral/pinks but they throw reddish on me. All the colors are super bright and super pretty!

[@user-dx4cc8sn1e]

What is sub-rights and do the agencies split the 20% with other companies or do I have to come out my pocket with my percentages?

[@r.brooks5287]

Who else plays the biscuit game when watching Alexa's vids? Every time she sticks here two fingers up at us I have a biscuit lol. I've had to stop half way, I've run out of digestives.

[@sarakat3707]

Kind of a specific question relating to non-compete. Future hybrid here. If I publish my indie work in a completely different genre under a completely different name. Would non-compete apply?

[@samuelbrown6287]

very helpful! U rock!

[@FensouNMiles]

I was wondering how do you ensure your literary agent doesn't take your work and publish as his?

[@sacrosanctus318]

How do you find agents for specific genres? Is there a website for this?

[@AbstractAddiction]

About the morality clause. I am a male sex worker under a stage name. Some people consider this amoral. Should I start working on an entirely new identity? (My legal name doesn't really roll off the tongue.) Will I be mostly safe if I create a new brand for my authorship or will they still look into my other work?

[@AbstractAddiction]

I'm very open about my lifestyle and continually fight for SWer rights so I won't be erasing that part of my life any time soon.

[@alandunaway3000]

25:39 - Gabriella Catuzzo(streamer/gamer) was also sued for damages a few years ago for misandric comments during a stream.

[@TheGoofy1932]

Why would you not have a personal lawyer representing you to ensure you're being looked after ? An agent is basically a salesperson. They're trying to sell your book for commission, hence their 15%. But if they are not also familiar with contract law then they shouldn't be the sole negotiator, even then I would still recommend a lawyer who looks out for you and your best interest. The "hold harmless" cause is usually an indemnity clause, but a good lawyer can have an addendum added to mitigate that. Ditto for the "dead book" issue if an agent change is needed. Good examples of why you want someone who is responsible to you and you alone not an agency. As ultimately the agent is going to look out for the agency. It's very similar to going to HR for an issue and expecting a good outcome as an employee. HR works for the employer not You. Get a good lawyer who works for You.

[@TheGoofy1932]

FRR, pen names, morality clause, etc. are also excellent reasons to have a personal lawyer representing you during negotiations. Remember, agents work for the agency so, of course, they're going to want to ultimately limit your ability from going to competitors. Because that means potential money in the agent and agency's pockets. So, again, personal lawyer will look out for you as the lawyer works for you so they don't have conflicts of interest like an agent who works for an agency will.

[@TheGoofy1932]

Right to review means you can look at it. Not that your approval is required, wanted or needed. Again, this is something a lawyer working for You would know, understand and explain to you.

[@tm369club]

how are the royalties divided? who gets what percentage?

[@mindfulmeditation8467]

Do you have to live near your literary agent?

[@krystleburgess1841]

I am writing about and I had publisher send me a contract saying they want 50% of my royalties

[@lorraine6947]

Should an author hire an attorney to review an agency and publisher contract?

[@tonyaosier1678]

What happens if you get a book deal without an agent? what happens.

[@thelucksboutique1768]

Unless the agency also produces and is part of the other unions...singers, orchestra, acting etc...unless they are members of all these unions they may not represent your work because they are not specialized nor are they unionized nor can they prove they protect your best interest as well as theirs. I think we are now talking plagiarism and genocide along with terror, calumny, scandals, boasting and sloth...yes 7 deadly sins.

[@thelucksboutique1768]

A publisher is a human run entity..they are not perfect nor meant to be grammarian perfect...so in other words, they are expected to be an editing house and polisher for grammar and retail book sales. So making a publisher look wrong is not really the fault of the author..because many times they look wrong all the time especially if we consider the contracts delivered for screenwriter and directors. Then if we consider the sums paid to directors and screenwriters for basically plagiarizing your work as an author vs what is paid to the author whose book became a film based on the authors work. **This is the reason why a publishing house may not represent singers, authors etc in film etc, etc, etc...

[@kheru1804]

who is your agent

[@kennethhamblett4792]

hi sister alexa, I hope yur morning is great. this is yet another great and informative vid. I am looking forward to more. I am previously self published twice, but I dream of being traditionally published as well as trying to get tv and film deals. i'm not writing just for myself, but for my family. when I was a child, I promised my mom, that when I became an adult, i'll take good care of her like she cared for me; this includes trying college and active duty army. I have honorable intensions. now i'm a disabled veteran, getting care from veterans affairs. I hope to purchase your books in the future. I belirve us authors should help each other out. well, a former best friend is trying to sabotage things because I do not approve of his demonic hatr filled heart. am trying to get my confidence back. what agency do you use and your agent's name? I enjoy writing space opera that has romance and militarization in it.

[@thelucksboutique1768]

Similar work the agency may not represent. They may only represent same category..not derivatives....because they're riding you. Its stealing. Nothing similar. Why not have them eat out of your plate and move them into your home etc.

[@PersonalIzzy]

Do you know a bilingual agent?

[@SpokesWoman]

Does anyone have experience with co- publishing deals? I hear they're becoming more common and was just offered one, but I dunno, it's A LOT of money that the author is responsible for. I can't find any videos on them, either. HELP!

[@AlexaDonne]

Any situation where a publisher asks you for money is a scam if they are not VERY upfront that it is self-publishing services. In traditional publishing, the author NEVER pays monies to the publisher. Money always flows to the author.

[@SpokesWoman]

@@AlexaDonne thanks so much, Alexa, you're the best!

[@WaelAli-sd8sw]

I don’t understand how publishing houses want clients to build a strategic relation with them yet treat them like human garbage. What a bunch of co-operate bullshit.

[@philbe1111]

Thank you! This is indispensable information!