Exactly what does your agent do?

[fartoomuchtodo]

It's looking increasingly likely that my DS will soon be asked to sign a contract with a major entertainment corporation (begins with D ends in Y). We signed a contact for a pilot in Feb of this year - in fact we signed 3 because they kept sending revisions There were a lot of clauses about options, rights and limits on other work I read it and did my best to understand but at the end of the day, though reasonably intelligent, I'm no lawyer. Of course there was little option - if he wanted the work we had to sign so we did. Thankfully the pilot seems to have been a success and we expect a series to be made next year

My question is around how far an agent gets involved in the contract and negotiation. Does their remit include just getting the job and then it's down to us to negotiate fees, contract terms etc or do they usually advise? With the best will in the world we can't afford a solicitor and I'm at the point where I almost feel my DS needs a full time manager - not a mum Any advice appreciated

[pg]

Very definitely your agent should be the one looking at and negotiating the contracts - that is actually what you pay them for. Lots of people think of agents as being the means to getting work (and of course they may be able to get you in through some doors if they have good contacts) but really, their "real" job starts when you're being offered the work.

It is their job to look at the contract and decide whether everything within it is reasonable - that's where their experience should come in. I would expect an agent to discuss the contract with you if you had any queries and I would also be expect them to be able to explain anything you didn't understand and investigate anything they didn't understand.

Make as much use of your agent as you can. If you are not confident in your current agent, then that's probably a bit more tricky - as they will be the one involved in this contract, assuming you were with them when ds did the pilot.

[fartoomuchtodo]

Thanks PG - I'll push them harder for explanations etc this time. I just wasn't sure if that was their job.

[begolina]

It is def the agent's job but it is you that sign and commit yourself and ds to the contract. It is like when an accountant submit the tax return on your behalf, he is the expert but then it is your signature on the form and you get in trouble if it is wrong or you might not get some benefit because he doesn't know fully your situation (for example, our accountant didn't know that a publisher company doesn't pay VAT I did found out and the company did manage to sort out a very difficult financial situation).

What I am saying is that you do have to keep checking, also because your ds might have some needs that the agent might not know. For the legal aspect of it most of the time you don't need a lawyer. I am convinced that it is all to do with common sense, if by any chance a clause doesn't sound quite right to your common sense it might be that actually is not right and if you check what the law says you soon found out. Or at least you have some good questions to ask.

Def true, it is a full time job (but in a case like yours if it was my ds I would be ready to swap ) Many congratulations

[CatKat_0]

I know nothing about contracts but well done for getting a D****Y contract - amazing!!!!

[paulears]

If a contract contains material that you do not understand - then never sign it without opinion from an expert. Remember George Michael, Paul McCartney and other high profile people - all ended up worse off by not knowing that a small sentence in a contract was very important.

[gab]

YES - definitely get your agent onto the contract before you sign. That's what you're paying her/him for!

We've been under a contract with a company spelled D****Y. My take is that, within the law, they will suck your child dry. They own everything for ever, and you will never get your hands on a good quality copy, or an additional dollar. Even though my child was used as a consultant on the character he played (his ideas were incorporated into script), his ideas can be taken and used by D****Y now, as they own the intellectual property, even if they remake the series in other countries etc. Seriously, have your agent look at the contract very carefully.

[begolina]

wow gab, that's an eventuality I never thought of. I think we should start a topic with the possibile contract's shortfalls (things to consider from our own experience). Again, the agent is there to work for you but it is better if we are able to keep the eyes wide open.