5 Quick Tips for Writer/Agent Negotiations

Just because you’re excited someone wants to represent you doesn’t mean you should let them take advantage of you. Beware of these red flags when negotiating contracts with agents. by Howard G. Zaharoff

• Watch for red flags. Reputable agents generally don’t charge reading fees or require other upfront payments, they don’t sell (or at least, don’t brag about sales) to vanity presses, and they will readily identify other authors and projects they’ve represented.

• Beware of excessive commissions. The norm is now 15 percent for book sales, though it can be up to 20–25 percent for foreign sales (for which the agent works with a subagent) and 10–20 percent for movie, TV and theatrical sales.

• Avoid commissions on speaking fees. Most reputable agents will not try to horn in on these, and they really aren’t entitled to, unless they were directly responsible for getting you the engagement.

• Keep control over expenses. Ideally your agent will not charge for onesie-twosie copies or standard postage, but only for unusual expenses—long-distance charges, major copying, courier services—and will work within spending limits (nothing over a fixed amount, say $100–$250, without your approval).

• Insist on timely payment. Ideally, you’ll get paid your 85 percent directly by the publisher, though many agents insist on collecting the entire amount first. (This is fairly standard but poses risks, especially if the agent goes bankrupt—so some writers push for “split accounting,” which requires the publisher to pay them directly.) Although most publishers still report and pay royalties semi-annually, typically within three months after the semi-annual period ends (so the royalty for a book sold in January arrives in late September!), your agent should pay you promptly upon receiving the funds—ideally within 10 days, but no longer than 30.

Howard Zaharoff is a lawyer and writer who lives and works in the Boston area. His articles on legal issues have appeared in Writer’s Digest, The Writer, Publishers Weekly, Folio:, and The Computer Lawyer, among others. He is also the author of Stump Your Lawyer! (Chronicle 2007), and his humorous essays have appeared in The Funny Times, McSweeney’s, HumorTimes.com, Points in Case, Computerworld, and Amazing Stories, among others. He has taught and lectured on copyright and publishing law, and many of his IP and publishing law articles can be found here.