Most writers dream of publication. But there's another side of the publishing business everyone should consider: the legal aspect.
Graybill and English is both a literary agency and law firm, specializing in literary, art, entertainment and media clients.
FictionAddiction.NET's Apryl Duncan talked with Jeff Kleinman, one of the firm's agents and lawyers, about getting an agent, contracts and legal issues.
Does every author need an agent?
Nope. Not at all. The first thing you need to do is to figure out if your book is something that should go to a larger,
more commercial press - as opposed to a smaller, more regional press.
If the former, it really helps to have an agent
(although it may not be necessary, depending on the press; but usually most larger publishers require that you have an agent);
if the latter, you certainly don't need an agent - although having a lawyer, or someone knowledgeable in publishing law, is
certainly a very good idea.
How do you feel about agents that charge up-front fees?
I'm a member of the AAR, so I don't do it. I've met several agents who do charge up-front fees; they seem like nice people, but I'm not sure it's the best way to conduct their business.
What are the warning signs of a "bad" agent?
1. Agents who don't take your phone calls (unless you've been bugging them a lot);
2. Agents who are more interested in promoting themselves than in helping you;
3. Agents who don't seem invested - personally - in your project, and just rubber-stamp your material and send it out;
4. Agents who don't seem to know the people or issues of the business.
Even if an author has a literary agent, should they still have their own lawyer review a contract between the author and publisher?
It's helpful - many people do it. It may be a question of how much money you can afford
to pay to an agent AND an attorney. You should keep in mind, though, that most agents aren't attorneys,
so they may not be fully versed in contracts law.
On the other hand, many agents have been doing this for years and years,
and may have a very solid grasp of the ins and outs. So the answer is, of course: it depends.
If an author bypasses the option to have a lawyer read over a contract, are there certain things he/she should look for when reviewing it on their own?
There are a bunch of great books out there - go to an online bookstore and look up "book contract",
and I'll bet a bunch will pop out. Kirsch's book on the book contract is one of the best, I know.
In any case, most of the published books will go through a contract clause by clause, and that should
give you some useful pointers.
How can an author research a particular agent's track record?
I think the easiest thing to do is to ask the agent. You can also try AgentResearch.com as
well as some of the books out there.
I'd spend a little less time researching the agent's track record until you know that the agent wants to
represent your project - although it's always a GREAT idea to know the kinds of projects the agent's interested in representing.
Should an agent limit the number of authors they take on to better represent their clients in the field?
I think it depends on the agent, his/her support staff and his/her energy level.
