STATUS: Yep. Guess who’s going on vaca starting tomorrow.
What’s playing on the iPod right now? HEY NINETEEN by Steely Dan
If you’ve been paying attention to my comings and goings (clearly listed on my website news page), you’ll know where I’m going. The land of Frodo and Orlando Bloom.
Oh wait, I’m going to New Zealand—not Middle Earth.
So what I’m trying to say is that I’m going to be gone for a good two weeks and the blogs will most likely be sporadic. It is called a vacation for a reason…
And to send me off on a cheery note, let’s talk about death some more. Many folks had questions about what happens when an agent goes off to the great beyond. You want me to say that XYZ will happen if this occurs and the truth is that there are many answers.
First, it depends on the agent and what corporate structure the agency has in place. For some folks, if the agent dies, the agency ceases to exist as a legal corporate entity.
That’s not true for my limited liability company because it’s not set up that way. Some agents are sole proprietors (not an entity structure I would recommend because of liability issues). Some are LLCs like mine. Some are S-corp corporations. The answer to this question changes depending on the company structure.
Then it depends on what is outlined in the agency agreement and this can vary from agent to agent or by agency.
My agency (and corporate structure) is set so that surviving members of the LLC and my heirs maintain the rights to monies generated from projects previously sold by me (while I was alive) for as long as they are in print. Since I don’t do “in perpetuity,” once a work goes out of print, all rights revert back to the author and the relationship with the agency is at an end. If any projects were on submission during time of death, the author, his or her new agent, and the surviving members of my agency would simply negotiate in good faith concerning those projects.
For my part, I’ll be dead so I won’t care.
And on that note…