Working with an Agent is a big commitment for the artist and the agent. Below are lists of some questions to get you started as you define the terms of your relationship.

Credit/Copyright Notice. Will your work be credited on the product or book, when possible?

Billing and Collection. Agents are usually responsible for the billing and collection of payments and royalties. Make it a point to understand what happens if they money is not collected from a client.

Payments. Clarify exactly when the agent will pay you. Expect monthly or no more than 90 days from receipt of client payment.

Termination. This specifically describes what happens when the contract ends (who gets paid what and when and for how long). And also how the termination period is calculated.

Presentation of Work. Does the agency promote individual artists by name or will your work be presented to clients anonymously.

Agency Size. How big is the agency and is it expected to grow over the years or remain a particular size?

Communication. How does the agency communicate with artists? Are there individual meetings? Group meetings with other artists?

Prompts/Trends. Does the agency provide prompts or other information to help you create new pieces?

Volume of work. Does the agency have a requirement for the number of pieces they expect an artist to create?

Your “Works.” This describes what is covered under the agent agreement. You may want to exclude some work previously licensed, work you sell on Etsy or POD sites, and/or fine art for gallery sales. You could also work on a piece by piece basis or the agency might represent your work in only one area; like surface design or publishing.

Term. This defines how long the contract lasts, state the starting and ending dates, plus the renewal terms and conditions (automatic, benchmarks, or renegotiated renewals).

Territory. Do you want to work with an agent exclusively or one that represents your work in specific regions of the world or specific industries?

Agent Percentage. This defines what percentage of the fee the agent retains.

Expenses. Clearly spell out what expenses are shared, what are the responsibility of the agent and of the artist. Pay attention to:

  • trade shows (request a specific list)

  • travel (agent’s travel expenses)

  • legal fees

  • support staff (bookkeeping, data entry, etc.)

  • and promotion materials (online services, mailings, banners, special promotional items + showprints)

Anywhere there may be additional fees and expenses charged.

There is a often a relationship between agency percentage and the artists’ expenses. Typically, the higher the percentage, the lower the expense. At JNA, our fee is 35% and we share the promotional expenses with our artists. In some agencies the fee is 50% and there is no fee paid by the artists.