Compendium of Conflict of Interest Posts

Passive Guy, an attorney, on his fantastic blog ThePassiveVoice did me a favor and put in one place all the links to the different posts about the conflict of interest with agents being publishers. Both pro and con. If you are confused about how this aspect of agenting is a conflict of interest, read these posts.

http://www.thepassivevoice.com/11/2011/literary-agents-and-conflicts-of-interest-a-compendium/ 

Thanks, PG.

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3 Responses to Compendium of Conflict of Interest Posts

  1. Passive Guy says:

    Thanks for the kind words, Dean.

  2. Maybe I missed it, but I think there’s a whole separate conflict of interest (or maybe it’s a subdivision of another) which I haven’t seen discussed (or I could have missed it — there’s a lot out there to read)

    I am not an experts in contracts, but it seems to me that when the agent inserts the agency clause into a publishing agreement, the agent directly benefits from the contract. However, the agent is supposed to be representing the interest of a party to the contract.

    Isn’t this like writing a will for someone AND being beneficiary of the will?

    • dwsmith says:

      Teri, no, you are correct, the agency clauses are a conflict of interest as well, but have become over the last 15 years standard, as long as the two signing parties of the contract agree. However, the third party (agent) can not come in and enforce the clause if the two parties have both decided to not honor it. A non-signer on a contract has no standing in the contract. The clause, in any reasonable fashion, that I have seen, has never been challenged and thus tossed out in court. It’s just one of the many clauses in publishing contracts that are not valid in any reality of law. Like the bankruptcy clause. Just silly in its very nature.

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