Rick Frishman’s Blog

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On Literary Agents and Lawyers…. 

A scenario that many top authors have successfully employed is hiring both an agent and a lawyer who is a literary and publishing specialist. The agents sell the authors’ books, serve as their literary advisors and manage their writing careers, and the lawyers handle their publishing contracts. Here is some advice on working with a publishing attorney or specialist:

Publishing attorneys, like literary agents, are specialists. Don’t use a friend or a relative to negotiate your book contract; find a specialist, because otherwise, the negotiation could go badly. Some other guidelines to follow:

§ If you hire an entertainment or copyright attorney, make sure that he or she has experience in representing authors and books. Ask what percentage of his or her practice is devoted to books and authors.
§ Chose someone with an intimate knowledge of publishing. Publishing contracts are traps for unwary lawyers as well as unsuspecting authors.

Publishing attorneys tend to be clustered in major cities and their services can be expensive. Attorneys generally charge on an hourly basis, not on a percentage of what you make. Rates typically range from $250 to $450 or more. If you don’t have an agent but have been offered a book contract, it makes sense to have an attorney negotiate the sale of rights on an hourly basis or for a percentage that is less than 15 percent.

Although attorneys’ hourly rates can be steep, they will usually cost you far less than what you would pay an agent over the life of your book. Here’s the math: 15 percent of $15,000 (a typical advance for a midlist book) is $2,250, about twice what many attorneys will charge for a full contract review and a comment letter.

When authors who have businesses write books, they are often extensions of their business. They should think about being represented by an attorney because legal issues can arise that go beyond the territory agents usually cover.

For example, if the title of the book is tied to the author’s branding strategy, the author needs to be able to approve the book’s ultimate title. Unless you negotiate for title approval, the publisher, not the author, has the sole right to select or change the title.
“In these situations, you’re talking about brand extension,” attorney Jassin advises. “Sometimes it’s not about the book, it’s about the author’s nine-to-five career. So, you may be negotiating something more than just a book contract.”

Before signing a book contract, your attorney should explain the:

§ Grant of rights clause;
§ Option and right of first refusal;
§ Publisher’s duty to publish;
§ Reversion of rights clause;
§ Noncompetition provision;
§ and, Postcontract liability.

Some agents are both agents and attorneys. So with agent/attorneys, you can have the best of both worlds.

In most dealings with traditional publishers, an agent is usually preferable to an attorney who does not specialize in literary and publishing law. If you decide to hire an attorney, hire one who has experience in literary and publishing law and performing the precise type of work you want him or her to handle.

Personal note: I use a great literary attorney names Lloyd Jassin  http://www.copylaw.com
His e mail is copylaw@aol.com 
Meet Lloyd at the Publishing Day Workshop on September 8th)

More Publishing resources at
more at http://www.author101.com

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Would you like to get written-up in top national
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Want to be interviewed on top TV shows like Today Show,
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I’m writing today about a unique chance to get more
publicity in America’s biggest media outlets.

My friend Steve Harrison is sponsoring the National
Publicity Summit, October 24-27th in New York City,
a unique conference where you get to personally meet
over 100 top journalists and producers and pitch your
story to them face-to-face.

If you want more major publicity, I strongly encourage
to at least get the info by going here now:

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At Steve’s Summit, you’ll have face-to-face meetings
with journalists and producers from top national TV
shows like ABC’s The View, CBS’ 48 Hours, MSNBC, CNN,
Fox News Channel, Montel, Fox & Friends and Live with
Regis & Kelly.

You’ll also personally meet writers who do stories for
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As a long-time PR person, I can tell you having a
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dramatically increases the chances they’ll
write about you — or put you on their show.

One previous Summit attendee was interviewed on
Fox News Channel within just five hours of meeting
the producer at the Summit!

I will be speaking at the Summit and look forward to seeing
you there.

Again, for info on attending go to:

http://www.nationalpublicitysummit.com/?10065

Steve is only allowing 100 people to attend to ensure
everyone gets enough one-on-one time with the media.

To your Success:

Rick
http://www.plannedtvarts.com
http://www.rickfrishman.com