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What is an agent?
How is an agent paid and how much do they get?
What sort of agreement (contract) will I have to sign with an agent?
So exactly what rights do I have as a writer?
And exactly where are these agents hiding and how do I get one? 
And so...where are these agent directories?
Should I be worried about anything?


 

What is an agent? 

The Zack Agency (literary only, does not represent screenplays) offers a very good definition in their "Agent FAQ": "A literary agent represents authors in the sale of their works to publishers, magazines, audio companies, film studios, etc. An agent seeks to exploit the maximum number of rights to an author's work." I also suggest that you read, "Agents Their game is 10 percent. Yours is 100" by Dennis Palumbo and Reasons Why You Need an Agent from the American Screenwriters Association.



 

How is an agent paid and
how much do they get?
 

When the "customer" (studio, producer, etc.) pays for your written material, a check is sent to your agent for the agreed-upon amount (and hopefully your agent has negogiated a good price for your work). The agent will deduct their commission (usually 10%, sometimes a little more) then send the remainder to you or your designated financial manager.



 

What sort of agreement (contract)
will I have to sign with an agent?
 

There really is no written-in-stone standard Agent/Writer contract. Each agency will most likely have their own version. But for one example, see "Literary Management Representation Agreement" from Done Deal for some idea of what a contract with a literary agent should look like. You may also be asked to sign a standard release form before an agent or producer or anyone else in the business agrees to accept/read your material. Everybody's butt has a basic human right to be covered so if you are asked to sign a release, don't think it is an out-of-the-ordinary request.



 

So exactly what rights do I have as a writer?

The Writer's Guild West has an excellent page outlining what rights and protections are of concern to writers. It includes a writer's rights before, during, and after production as well as enforcement of those rights. These are things that should be a high priority with your agent. To see this page, go to Creative Rights For Writers of Film and Television. You might also find it helpful to see the WGAw's Minimum Basic Agreement (MBA) and the WGAw's Standard Writing Services Contract.



 

And exactly where are these
agents hiding and how do I get one?

Chances are you won't be able to make your first or any other sale without an agent. Yet most agencies don't want to hear from you unless you've made a previous sale (established a track record) or you have been recommended to them by someone whose judgement they trust. Yes, it seems like a Catch-22. But it's not the Impossible Dream.

Step One: Find a good directory of reputable agents then start by eliminating those agencies that state they definitely do not want to hear from new writers or accept any unsolicited submissions.

  Step Two: Learn how to write a proper query letter. Then write one. Here is a Sample Query Letter from Done Deal. Also see ANATOMY OF AN IRRESISTIBLE QUERY LETTER by Don Vasicek.

Most query letters are brief and to the point, introducing yourself and your work, and either asking the agent's permission to send your screenplay to them or inquiring what their submission procedures are. Do not include any nonprofessional language or comment ("Gee, I hope you won't think this letter is stupid, but..."). These are busy people. And just between you and me, most of them seem to be suffering from chronic P.M.S. (yes, even the men and sometimes especially them). Do not send a complete screenplay or manuscript to any agency unless in their own published material or in their direct communications with you, they specifically state that is what they want.

Do I need to emphasize that it is crucial for any writer to be conversant with the rules of proper usage of English grammar and spelling? And as much groaning went on in the Project Greenlight Message Boards over "standard industry format," if your screenplay is not mechanically perfect, don't even bother with that query letter until you have made it so. There is no quicker route to rejection than a "writer" showing that he/she is incapable of following simple basic rules of writing.

Guidelines for query letters can be found in several excellent books for writers (see the Writer's Shelf section of this website) and online (many literary agencies with an internet presence have a FAQ page or other page detailing what they like to see in a query letter). So have a look as well at the Writer's Links section of this website.

To make things even easier for you, I provide you with these suggestions for books that may be of some help to you (clicking on the links will take you to a page that gives more detail about that individual book. Or you can type "Writer's Market" or "Query Letter" or "Screenwriting" into the mini search engine provided here):


 

 



 

And so...where are these agent directories?

We'll start with the WGA-west list of signatory agents. They mark the list for you to let you know which agencies might be receptive to queries from new writers. Then I'll move on to some other directories and searches on "literary agents" and related topics. Most reputable agents will not ask you, the writer, to pay money up front as in a reading fee or for any other reason. If they are a reading or script analysis service, they should tell you that up front and not claim they can or will sell your screenplay. Some, or many, of the agents listed in the directories (other than the WGA list) may not represent the work of screenwriters. Most agents and agencies located in the Los Angeles and general Southern California area do represent screenwriters.

The Writer's Guild List of Signatory Agents

Agency Listings from MovieBytes

WritersNet Directory of Literary Agents

LiteraryAgent.com

Non-fee Literary Agents

Literary Agents from Open Directory Project

Literary Agent Listings from BookWire
(some of these agencies may also
handle screenplays, but most won't)

MSN Search for Literary Agents




Should I be worried about anything?

Ever hear of the word p-r-o-t-e-c-t-i-o-n ? See the "Writer's Guild Intellectual Property Registry" for starters. Then move along to the U.S. Copyright Office if you are so inclined. There are pro's and con's to actually copyrighting your material. Of course, everybody in Hollywood has their own story, but as a film student I was told by one well-known producer never to copyright a screenplay. He said it made for legal complications for any studio that wanted to buy it later on. And Project Greenlight will disqualify you from their contest if your screenplay is not copyrighted. So go figure.

I found some interesting observations on the Writer Beware page from the Science Fiction Writer's Association. No, you do not have to be a science fiction writer to appreciate their sage advice. Another warning-type site is "Caveat Scriptor: A Brief Guide to Researching Literary Agents" from the National Writer's Union.



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