Agent Agreement: For Non-Fiction Literature

AGENT AGREEMENT
for non-fiction literature
Between ……………………………………………………………… as the

publisher as agent (hereafter referred to as the Agent)
and
............................................................................................................................ as the
author (hereafter referred to as the Author)
an agreement has been signed this day
regarding the following work
.............................................................................................................................................(title)
1. Scope of the Agent’s rights
1.1 The Agent has the exclusive right to contract agreements on the Author’s behalf for
the use of the above-mentioned work by foreign publishers in translation, to an extent
equal to that ensuing from the Standard Contract between the parties dated _________
along with any additional agreements that may apply, and this Agent Agreement.
1.2 Insofar as it is a common requirement for use of the rights covered by this agreement,
the Agent’s exclusive rights also cover the right to contract agreements on the
selection and use of excerpts, as well as on revisions of the work, including the
preparation of summaries. Selection and use shall remain loyal to the standing or
distinctive characteristics of the Author or the work. The use of revisions shall be
subject to the approval of the Author.
1.3 Where the Agent’s rights in the work covered by this agreement are contingent upon
rightsholders other than the Author, the Author shall inform the Agent of this fact
prior to signing the agreement.
1.4 Sub-agents may be used. The Agent shall insure that agreements contracted by sub-
agents comply with the terms of the Agent Agreement.
1.5 The Author may not enter into agreements covered by the agents writes without the
agents consent and intervention.
2. Obligations regarding activity and information
2.1 The Agent shall demonstrate a reasonable level of activity to ensure that the rights in
the work covered by the Agent Agreement are exploited, and inform the Author of all
inquiries of significant interest regarding foreign use of the work.
What is considered ‘reasonable’ will depend on the type of use, given the format and
country in question, standard practice, the nature of the work, market conditions and
other circumstances. Under certain circumstances, for example, it would be sufficient
for the agent publisher to present to work in Norwegian in a catalogue or other
material distributed or used at trade fairs or similar events.
2.2 The Author shall assist the Agent by providing information of significance to the work
of the Agent and the use of the work pursuant to the Agent Agreement. The Author
shall also inform the Agent about any foreign use of rights in the work not covered
by the Agent Agreement.
3. Relations to co-contracting parties
3.1 Remuneration and other contract terms signed on behalf of the Author shall be
commensurate with what is considered standard practice for the form of use in question in the
country in question. Where there is no standard practice, or where it is uncertain or unclear,
efforts will be made to ensure the best possible terms, all things taken into account.
3.2 Lower remuneration or less favorable terms than those assumed to be common or
reasonable may not be agreed without the Author’s consent. Alternatively, agreement may be
may conditional on the Author’s approval.
Instructions limiting the Agent’s performance may only be given by the Author to the
extent to which this is a result of the provisions of the Agent Agreement, or if major
changes have taken place in artistic, political or other areas since the work was
published, which it is assumed would have kept the Author or Agent from publishing
the work in its present form. The Agent may require a written justification for such
instructions.
3.3 The Agent shall act on the Author’s behalf in conflicts with co-contracting parties and,
in the event, bear the costs considered reasonable, given the nature and scope of the
case. As soon as one of the party’s becomes aware of a potential dispute, it is
incumbent upon that party to alert the other party.
In the event of disagreement between Agent and Author proceedings related to or

solution of a dispute, the parties shall consult their respective trade associations.
4. Contracting on the publisher’s own behalf
4.1 The Agent may not contract an agreement pursuant to the Agent Agreement on its own
behalf without the consent of the Author. In the event of such contracting, Sections 3.1
and 3.2 shall apply.
5. Remuneration, commissions and the settlement of accounts
5.1 The Agent’s commission is ordinarily 25% of the revenues generated by agreements
contracted pursuant to Section 1.1. Where the Author has played a significant role in
securing such an agreement, the commission may be reduced in that individual case,
where so agreed by the parties. Correspondingly, where the Agent’s efforts have been
of an extraordinary nature, the commission may be higher, where so agreed by the
parties
5.2 Remuneration from agreements signed on the Author’s behalf shall be paid to the
Agent, which will be responsible for paying the Author.
5.3 The Author’s remuneration and the commission shall be calculated as follows:
a. Advance payments, minimum fees, etc. payments related to the signing of an

agreement with a foreign publisher shall be paid to the Author within 1 - one – month of the
date on which the Agent receives payment from the publisher in question.
b. Otherwise, the Author’s fee shall be paid for one calendar year at a time, and at the
latest by 31 August the year after the foreign sale has been contracted, but at least 1
- one – month after the Agent has received payment from the foreign publisher in
question. The Author may request that up to half his or her share of the
remuneration during the period be paid out on account by 1 April the year after the
year of the sale.
5.4 By the dates set out in Section 5.3, the Agent shall send the Author accounts showing
the revenues received during the accounting period, broken down by each individual
agreement the Agent has contracted on the Author’s behalf.
6. Termination
6.1 The Agent Agreement shall apply for 5 years from the end of the year in which the
Agent Agreement is signed, and shall subsequently automatically be renewed for one
year at a time until such time as it is terminated by one of the parties with at least three
months’ written notice before the end of the calendar year.
6.2 Even after an Agent Agreement is terminated, the parties shall be bound by
agreements signed on the Author’s behalf whilst the Agent Agreement was in effect. The
same shall apply to such agreements until such time as the agreement between the Author and
co-contracting party ceases to apply.
7. Disputes
7.1 Attempts to resolve disputes related to the interpretation of this agreement shall
primarily be made through negotiations.
7.2 Where agreement is not reached through negotiations, the case may be referred for
arbitration pursuant to the rules laid down in Section 17.2 of the Standard Contract.
The agreement shall be signed in two copies, one for each party.
Place, date _____________________ Place, date _____________________
_____________________________ ______________________________
Publisher as Agent Author

Agent Agreement: For Non-Fiction Literature

Uploaded by

Copyright:

Available Formats

Agent Agreement: For Non-Fiction Literature

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Agent Agreement: For Non-Fiction Literature

Uploaded by

Copyright:

Available Formats

AGENT AGREEMENT

for non-fiction literature

Between ……………………………………………………………… as the

an agreement has been signed this day

regarding the following work

1. Scope of the Agent’s rights

2. Obligations regarding activity and information

3. Relations to co-contracting parties

In the event of disagreement between Agent and Author proceedings related to or

4. Contracting on the publisher’s own behalf

5. Remuneration, commissions and the settlement of accounts

a. Advance payments, minimum fees, etc. payments related to the signing of an

Place, date _ Place, date _

You might also like