Why You Should NEVER Let Your Editor or “Author Rep” Complete Your Publishing Contract!

DISCLAIMER: I am not an attorney and this is not legal advice. Consult with an attorney for your specific situation and needs.

We all know what an editor is. But, what is an “author representative?” That is someone who claims to know the ins and outs of the publishing industry and they offer to guide authors through the book publication process…for a hefty fee, of course.

I have met many reputable and professional author reps. I have also met many who I knew were ripping authors off. They were selling extraneous services that weren’t necessary and some were doing things the authors outright did not want them to do. It’s not uncommon for authors to pay thousands, and then to fire their reps when things go awry. And, do authors really need those services anyway? At BookLocker.com, we hold our authors’ hands through the entire process. They don’t need an “author rep.” Our reputation speaks for itself.

Some freelance editors also sell secondary services, offering to later be the author’s representative. Those editors need to be avoided at all costs!

Did you know that, without a power of attorney, you can’t legally designate someone to complete a contract on your behalf? Some authors don’t know that, and are letting so-called author reps complete their publishing contracts for them. Those contracts are, of course, invalid/unenforceable. BUT, if the contract was completed online (electronically), how would someone know it wasn’t you when the rep used your name, email address, and contact information on the contract?

As we discussed in Episode 16 of the WritersWeekly Podcast, I recently noticed two questionable contracts come across my desk. Yes, I review ALL BookLocker.com contracts just in case I see something odd. It could be something mundane, such as a missing street address, or something more serious. One recent contract listed the author’s editor as the author’s beneficiary. Another author had allowed her “author rep” to complete her contact and the rep had listed herself as the author’s beneficiary.

At BookLocker.com, we have a beneficiary section in our contract for authors. Almost always (99.9% of the time), the beneficiary is a spouse, the author’s children, or other close relative(s). For co-authored books, sometimes the co-author is the beneficiary (I’ve seen it but it’s rare). I had NEVER before seen an editor or author rep listed as the beneficiary!

In the first case, the author didn’t know her editor had made herself the beneficiary. In the other case, the author rep had promised to distribute royalties to the author’s children if she died. I called B.S. on that one!

In EPISODE 16 of the WritersWeekly Podcast, Brian explains that, while lawyers have a fiduciary responsibility to you should you put them in charge of your estate (they can be criminally prosecuted if they do you or your heirs wrong), an editor or author rep has no such responsibility, and they can take that money and run. And, if nobody ever knows that they completed your contract for you (with no power of attorney), they will be able to keep your heirs’ money (and your copyrights) after you die.

Never, EVER let a third party complete a contract on your behalf!

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Angela is not only the publisher of WritersWeekly.com. She is President & CEO of BookLocker.com,
a self-publishing services company that has been in business since 1998. Ask her anything.