Readers Ask: Literary Translators and Agent Agreements is a post from Intralingo.
Readers Ask: Literary Translators and Agent Agreements
By Lisa Carter, Intralingo Inc.
Hello,
My name is Janet and I’ve been working as a literary translator, translating Korean fiction into English, for over 10 years now. I stumbled upon your site and it’s been such a huge help and I had a few questions that I thought maybe you could answer.
A while ago, I met a literary agent whom I took a liking to right away. Recently, I showed her a few of my short story translations and she so loved the work and the authors of the works that she wanted to represent them. I introduced them to her and ended up signing with her agency.
It was “understood” that I would continue to translate the author’s existing and future works, but I wanted something in writing, so she drew up a contract for me. The contract is largely non-exclusive, meaning that with the exception of the work that she is trying to sell right now, I can pursue other projects and that I’m not beholden just to her (especially since she only has one Korean author on her list so far).
I’ve looked through the contract and was surprised to find that she had written that I will also be required to pay her a 10% commission on the income I receive. Is this normal? This means that the agent will be receiving a commission from the author, as well as the translator… It seems kind of unfair, considering the usual paltry sum that translators receive.
The only reason I asked her to draw up a written agreement also for me (there was no mention of my name in the agreement between the original author and agent) was to protect my rights and my role as the translator of the author’s existing and future works, not so that I can give away the little that I make. Basically, the agent will be making more money off the same work that she is required to do for the author.
Also, the contract is largely non-exclusive, meaning that there is no guarantee that she would be using my translation services after this particular subject.
Did I create a worse deal for myself?
I should mention that I really like this agent and I don’t think she was trying to be greedy. I know she’s never drawn up an agreement for a translator before. She’s flexible, as well as reasonable, and I would like to maintain a good relationship with her.
Yours,
Janet
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Hi, Janet.
First of all, congratulations on getting an agent interested enough in one of your author’s works that you wound up signing with her! That bodes very well for both you and the author.
It’s quite rare for an agent to sign any agreement with a translator, so you’re right that this agent probably has no experience doing so and no real templates to follow. It would seem that’s why she drew up a contract very similar to any she would draw up with an author.
I guess it depends on what exactly you want the contract to say. Do you want the agent to find places to publish the English work? If so, then I would presume it’s only fair that the agent earn some sort of a fee for doing that work.
If it is simply that you want to be given first opportunity to compete for the translation work should she find a publisher for the author’s work, then in my opinion no fee would be necessary for that.
Indeed, that has been my experience. My authors’ agents have sometimes agreed to recommend me to the publisher they eventually find, but on the understanding that in the end it is the publisher’s decision who to hire. This has always been a verbal “gentleman’s” agreement, i.e. not in writing.
Though it’s not exactly the same, I do know that in the case of a co-writing or ghostwriting scenario, where there is an author and a writer, both parties sign with an agent but the agent collects a commission for the project in question. Presumably then the fee is charged only once.
I gather from your note that you have signed this contract? I don’t necessarily think you’ve made things worse for yourself, but if the agent is in fact representing you (as would suggest by the contract) then it may be time to have a conversation about what you hope to earn from any publishing arrangements. That way, perhaps she can seek out venues that pay more than others, in order to make up for the 10% commission you’ll be paying.
I also note that a 10% commission for an agent is really very reasonable, at least in North America. From my research and personal experience, agents quite often collect 15% commission.
Regardless of amounts, though, I would say it’s best to discuss your concerns with the agent. Contracts can always be annulled or amended. If you’re really unhappy with the situation, it’s a good opportunity for you and the agent to learn what this sort of agreement could look like to benefit you both.
Like you, it doesn’t seem as if the agent was being malicious or harbored any ill intent. It’s simply that a commission is a regular part of an agent/author agreement, and that’s what she used as the basis for yours. If indeed she represents you to find homes for your translation, well, in this difficult publishing climate, that could certainly be worth something!
I do hope to hear what you work out with this agent.
Best,
Readers, have you ever signed a representation agreement with an agent for your translation work? What advice do you have to offer?
Lisa Carter is an acclaimed Spanish>English translator. Her work has won the Alicia Gordon Award for Word Artistry in Translation and been nominated for an International IMPAC Dublin Literary Award. Lisa offers translation, editing, professional development and promotion services through her company, Intralingo Inc., at www.intralingo.com
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