Aspiring authors often dream of landing a literary agent to represent their work and secure a publishing deal.
Unfortunately, the journey can be marred by fraudulent actors that prey on hopeful writers by impersonating agencies and agents. Some of these actors purport to be real agents and use their name and details, while others create new fictional or illegitimate agencies from which they operate.
These scam literary agencies use deceptive tactics to profit from writers without offering any real representation or publishing opportunities.
Red Flags of Scam Literary Agencies:
1. Incomplete Contracts: A legitimate agency will come with a comprehensive agency contract that sets out the terms of the agency relationship in clear language. Key terms within the contract are the scope of the agent’s services, compensation, how money (the writer’s earnings) and expenses are handled, termination and post-termination.
2. Upfront Fees: Legitimate literary agencies earn their commission only after securing a deal. If an agency asks for reading fees, editing charges, large marketing expenses or other upfront payments, it’s a major red flag. A reputable agent earns their money through a percentage of the book’s sale, typically 10 – 20%, as opposed to any up front payments.
3. Promises of Guaranteed Success: No agent can guarantee a publishing deal. Be cautious if an agency makes such promises, as they are likely overpromising to secure your payment.
4. Lack of Transparency: Scam agencies often avoid providing clear details about their process, including how they submit books or the editors they work with at their agency. Legitimate agencies are open and transparent about their operations.
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5. Vague or Poor Communication: Scam agencies often offer generic, poorly written feedback or make it difficult to contact them. If an agent seems uninterested or unprofessional in their communication, such emails that look like they were copied and pasted to insert the prospective writer’s name, it’s a warning sign.
6. No Proven Track Record: Research the agency’s history and its client list. If the agency doesn’t represent any established authors or lacks a visible portfolio, it might be a scam.
What to Do if You Suspect a Scam:
• Research / Due Diligence: Check online reviews and seek opinions from reputable writing communities or authors who have worked with the agency. When vetting the agency, make sure the contact details received (i.e., the agency’s website) match the details found from reputable sources.
• Consult Professionals: Reach out to professional organizations such as the Canadian Authors’ Association (CAA) or law firms with experience in the literary community to verify the agency’s legitimacy.
• Trust Your Instincts: If something feels off, walk away. Your writing career should be built on trust, and no legitimate agent will pressure you for money.
• No Meet Up: If you propose meeting with the agent and they won’t give you an opportunity to meet in person, it might be a scam.
By staying vigilant and informed, you can protect yourself from scam literary agencies and focus on what matters: sharing your stories with the world.
If you need help reviewing a literary agency agreement, we can help, and if we think it might be a scam, before spending much time reviewing the agreement, we will work with you to confirm that the prospective literary agency partner is legitimate and not a scam.
© 2025 Edwards Creative Law, LLP
Updated to January 9, 2025
Edwards Creative Law is Canada’s Entertainment Law Boutique™, providing legal services to Canadians, and international clients who partner with Canadians, in the Film & Television, Music, Video Games and Apps, Publishing and Literary industries.
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* This blog is for general informational purposes only and is not to be construed as legal advice. Please contact Edwards Creative Law or another lawyer, if you wish to apply these concepts to your specific circumstances.
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