Literary Agent Agreement

Summary

This precedent is a literary agent agreement for an agency-client relationship governing the representation and licensing/sale of literary works and related rights in Canada with jurisdiction-specific customization. It sets out exclusivity, agent authority, commissions, expenses, funds handling, warranties/indemnities, and termination. It should be tailored to the client’s works, media rights scope (print/digital/audio/translation/film/TV), and how monies are collected and remitted. This precedent includes practical guidance and drafting notes. This agreement is typically used where the agency pitches and negotiates publishing deals, sometimes via foreign co-agents/sub-agents. Key drafting considerations include (a) defining the “works” and excluded properties; (b) clarifying the commission base, sub-agent splits, and timing; (c) ensuring funds handling is operationally accurate (publishers often pay authors directly); (d) adding termination-for-cause and clearer post-termination ...