Stockholm Syndrome for Agents

Passive Guy has written another article about contracts, this one focusing on the question: Why would a good agent, one who knows how to read a contract, let their client sign a contract that contained one or more 'gotya' clauses in it?

PG writes:

Ultimately, for an agent, publishers are more necessary than any author.

When a publisher says an obnoxious clause like the Non-Compete Clause we discussed a few days ago must be in a contract and explains why the publisher needs the clause, how does the agent explain this clause to her client? Probably using much the same rationale as the publisher does. “I know you don’t like it, but the publisher needs this because . . . .”

After explaining the obnoxious clause 100 times to 25 authors, will the agent have a tendency to accept the clause as “the way things are done these days” or “the new standard?” Will describing the clause as something “every publisher is requiring in new contracts” be a better way to get a publishing deal and advance for the author and the agent than trashing the clause?

Since agents and attorneys who work for agents are not regulators, we don’t have Regulatory Capture here. How does Agent Capture sound? Joe Konrath talks about authors succumbing to The Stockholm Syndrome in their dealings with publishers. There may be something like that going on with agents as well.

Here is a link to PG's blog post, it's a good read.

Book Contracts

I have been enjoying reading about contracts lately. I know, I know, that claim may seem less than plausible, but I think that book contracts may be infinitely more fun to read about than to read.  At least, if you're not a lawyer.

Kristine Kathryn Rusch and Passive Guy (from The Passive Voice) -- a retired lawyer -- have been blogging about book contracts and, generally, helping to raise the awareness of new writers on the subject.

In that spirit, here are some links to posts about contracts that made my jaw drop.  I had no idea what rights certain agents were trying to retain for themselves.  On that note, if you are a writer who has signed a book contract lately, Passive Guy is collecting them, trying to get an idea for what's going on in the industry these days.  I'm eagerly awaiting that series of blog posts (or, hopefully, ebook!).

From the blog of Kristine Kathryn Rusch:
- The Business Rusch: Writing Like It's 1999
- The Business Rusch: Advocates, Addendums, and Sneaks, oh my!

Kristine Rusch has many more excellent articles on the business of writing, but her website is well laid out so if you go there they should be easy to find.

From the Passive Voice Blog
- How to Read a Book Contract - Agency Clause
- How to Read a Book Contract - Agency Coupled with an Interest If you are a writer with an agent and, like me before I read this blog post, you have no idea what agency coupled with a interest means, this is a must-read post.

Here is what Kristine Rusch had to say about these two posts:

If you have an agent, please read these two posts even if you think you understand the agency clause. It is my experience that most writers do not understand what they’re signing in their book contracts, and some agents have been misleading writers as to what these clauses mean.

Also of great interest to me were:
- How to Read a Book Contract - Somebody's Gonna Die
- You Just Signed with a Big Agent? Oh, I'm So Sorry.

See also:
- Self-Publishing Basics: The Copyright Page