Author-Agent Agreement

If you're an author looking to get published, one of the first research items is to find a literary agent. An agent is a person who connects you with the right publishing houses and promotes your work.

If you've found an agency and an agent you want to work with, you'll need to enter into an Author-Agent Agreement to define your working relationship.

What Is an Author-Agent Agreement?

If you're an author, having a literary agent may be your ticket to the big time. Also, the importance of having an Author-Agent Agreement cannot be overstated. That is also true if you are an agent who has discovered an author with whom you want to work.

The Author-Agent Agreement ensures that the agent will work to get you a publishing deal. Having a literary agent will give the author all the time they need to dedicate to their work.

Other Names for Author-Agent Agreement

Depending on your state, an Author-Agent Agreement may also be known as:

• Author-Agent Contract
• Literary Agency Agreement
• Literary agent Contract
• Writer-Agent Contract

Who Needs an Author-Agent Agreement?

Without a doubt, the Author-Agent Agreement is necessary and beneficial to both the author and the agent. It exists to define the rights of both parties and protect them against fraud or misuse. The terms and provisions in the agreement are negotiated.

Why Use Swyft Forms for Your Author-Agent Agreement

Customized for you, by you

Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Author-Agent Agreement.

Specific to Your Jurisdiction

Laws vary by location. Each document on Swyft Forms is customized for your state.

How to Create an Author-Agent Agreement with Swyft Forms

You don't have to consult an attorney to draft an Author-Agent Agreement unless you choose to. A reliable template may be all you need to whip one up.

Let Swyft Forms help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My Author-Agent Agreement?

To create your document, please provide:

• Author Information: The legal name, current address, and contact information of the author.
• Agent Information: The legal name, address, and contact information of the agent or agency.
• Effective date: The date when the contract becomes valid.
• Jurisdiction: The state where the contract is to be signed and whose laws control the agreement.
• Term: The duration of the deal.
• Compensation: Specify how the agent is to be compensated.
• Scope of Representation: Specify whether the agent will represent all of the author's works or specific titles.
• Agent's Authority: Specify the actions and decisions the agent can make on behalf of the author.
• Dispute Resolution Method: In a dispute, specify the preferred resolution method to be attempted first, such as arbitration before litigation.
• Signatures: Both the author and the agent are to sign the agreement.

Author-Agent Agreement Terms

• Author: The creator of a book, article, document, or another piece of writing
• Agent: A person who represents an author and their work
• AAR: The Association of Authors' Representatives, a non-profit organization
• Warranties: Guarantee in a contract that both parties are telling the truth
• Indemnities: Compensation from one party to another if there are damages
• Assignability: The ability to transfer rights from one person to another
• Exclusivity: A clause in the agreement where the author is represented by the agent specified in the contract only
• Manuscript: A copy of an author's work before publication

Author-Agent Agreement Signing Requirements

To be legally enforceable, both the author and agent have to sign the agreement. Notarization is not required, though you can get it notarized to vouchsafe the signatures.

What to Do with Your Author-Agent Agreement

It is customary for the author and literary agent to both receive a physical copy of the document. A copy of the agreement can also be filed with the agency's internal documentation, if applicable.