An interesting debate on the Booktrust site:Self-publishing v traditional publishing. Do you have a preference?
http://www.booktrust.org.uk/news-blogs-and-press/blogs/booktrust/487/
An interesting debate on the Booktrust site:Self-publishing v traditional publishing. Do you have a preference?
http://www.booktrust.org.uk/news-blogs-and-press/blogs/booktrust/487/
Thanks Dor,
Actually in this case, they didn't ask for exclusivity, I'm just pre-programmed that way. I understand how they might have problems with some authors, but there is no reason for the agent to show my work to anyone else unless it is for an opinion of my work as being representable or not and even then how bad does an agent have to be to need to do that.
The premise that they sift submitted work for ideas they were unable to come up with themselves is just wrong and I really can't see any other reason for such wording. I am unpublished and unrepresented and for a literary agency to pass submitted work to authors with a publishing house behind them, as far as I am concerned, is criminal. Trust and confidentiality, instead of being mutually implied, is here specifically negated. That existing clients may use submitted material without obligation or permission, come on. An author should expect to be treated with respect at the very least.
John, I think I know which agency you are talking about (but I might be wrong because they don't ask for exclusives up front). I've seen a couple of places using these agreements and I hope it isn't going to become the new standard, but given the behaviour of some "writers" they are, sadly, necessary.
They exist to protect the agency from claims of work being stolen. Many people don't understand that an idea cannot be copyrighted and they also don't appreciate that their idea is nowhere near as unique as they think it is. In any case, there is no idea so brilliant that it cannot be naffed up in the execution - an idea is nothing without a well written book behind it.
If you wish to withdraw your MS from consideration because you do not agree to the terms and conditions, that's all you need to say.
As for them passing on ideas to existing clients, I shouldn't worry about it. Even if they did, what you write and what they write would be very different. If it turns out not to be, you can take them to court over it (because your execution of the idea *is* protected by copyright the minute you write it). Unfortunately, as I have said, you can't copyright an idea or a concept.
If you have concerns, as with any legal document, have a solicitor check it over for you, preferably one with experience in Intellectual Property law.
I must admit that the whole process of finding an agent has left me disheartened and my most recent submission has gone a long way to make me want to give up altogether on agents and publishers. I have had no reply or acknowledgement for 9 weeks for an exclusive email submission, but in the meantime they have introduced some unbelievable Standard Terms and Conditions which though on the website it says an author must agree to in writing with the submitted material before they will even look at it, it says inside the document that submitting implies agreement. My submission is in the hands of an agency that would have me agree to their requirements:
"..and that (ii) no confidential relationship exists between you and [Agency] or is established by you agreeing to this release or submitting said material to[Agency]. You have not asked [Agency] to keep said material confidential. "
and
"[Agency] and [Agency]’s clients may use said material, without obligation to you and without your permission. "
and
"You recognise that [Agency] and [Agency]’s clients have access to, may have or have had possession of, and/or may create or have created materials and ideas which may be similar or identical to said material in theme, idea, plot, format or other respects. You agree that you will not be entitled to any compensation because of the use of any such similar or identical material and that your permission is not needed for the use of such similar or identical material. "
Innocent maybe. Ambiguous yes. Worrying as well. I have written explaining that I do not agree to these terms and that I my sole intention was to secure an agent for my work and that no other reason exists, but no reply as yet. My novel took me 20 years and contains some far-reaching ideas which I have thought through over this period and imparted to them in my submission pack. I suffered sexual abuse as a child and for years kept it secret, I took my story through related mental illness and only years later could i go back to it and actual complete it. It is the good that has come out of the bad, Now I'm worried my ideas have been passed on to their existing clients because they have given themselves permission to do so. Why would a global literary agency require such rigorous Terms and Conditions just for submissions?