History

• The first literary agency opened for business in 1875. By the beginning of the 20th century, literary agents became more common. In the 1950s, New York literary agent, Scott Meredith, created the practice of auctioning book publishing rights to the highest-bidding publisher and thereafter, the author-agency agreement grew in importance and prestige.
  
  

Features

• Author-agency contracts cover those areas of responsibility that define the relationship between a writer and the agent who represents him. The contract details the scope of the relationship, describing what works the agent is allowed to represent. For instance, an author may wish to retain certain rights or may seek separate representation for different genres. The contract also defines the length of the contract and the amount of commission the agent will be paid from a writer's royalties (usually 10-15 percent). In addition, most agreements will allow the writer the right to audit the account of an agent, as well as provide a clause in the contract that addresses the problem agent's bankruptcy or death.
  
  

Benefits

• Access is the key benefit of having a legally binding relationship with a literary agent. Most major publishers will no longer read manuscripts submitted by writers without agency representation. Another advantage to having an agent is that agents can usually negotiate higher advances on future royalty payments than a writer can do for himself. Lastly, having a legal relationship with an agent eases the burden of the writer trying to sell his work to publishers, thus freeing him to focus on writing.
  
  

Considerations

• Legitimate agents usually work on commission. Be wary of any agent who charges fees instead of a commission, as this is usually a sign that the agent operates unethically and may not have the writer's best interests in mind. Writers should never sign over power of attorney to an agent, granting them the right to sign checks and contracts on the writer's behalf. Another red flag is any clause in the agreement that gives an agent claim or control over any unsold manuscripts after the termination of the relationship.
  
  

Expert Insight

• Go into any meeting with an agent prepared to ask good questions and never sign any contract you don't understand. Western novelist, Linda Sandifer, says that, "Many authors believe that all they have to do is sit back and let their agent iron out the details of their contract with the editor. And, yes, that is the agent's job, but you, as a writer, should have some knowledge about a book contract so you can talk intelligently to your agent. . . . The more you know, the more you will understand your agent's job and the limitations she might face in negotiating certain aspects of a contract. You will also know if you have an agent who isn't negotiating at all for you but accepting a boiler plate contract."