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Association of Authors' Representatives

AAR Canon of Ethics
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We, the members of the Association of Authors' Representatives, Inc., are committed to the highest standard of conduct in the performance of our professional activities.
  • We affirm the necessity and desirability of maintaining full individuality and freedom of action.
  • We pledge ourselves to loyal service to our clients' business and artistic needs. We  allow no conflict of interest that would interfere with such service.
  • We pledge our support to the Association and to its principles of honorable coexistence, directness and honesty in  relationships with  co-members.
  • We undertake never to mislead, deceive, dupe, defraud or victimize clients, other members of the Association, the general public or any person with whom we do business as a member of the Association.
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Funds. Members take responsible measures to protect the security and integrity of clients' funds.
  • We maintain separate bank accounts for money due  clients to prevent commingling of clients' and other funds.
  • We deposit funds received on behalf of clients promptly upon receipt. Domestic earnings due clients are paid in no event later than ten business days after funds clear. Foreign rights revenues over $50 are also paid within ten business days after funds clear. Foreign rights revenues under $50 are paid within a reasonable time. On stock and similar rights, payments or statements of royalties are provided not later than one month following receipt. Each payment or statement includes royalties received by the 25th day of the previous month.
  • Payments for amateur rights are made at least every six months.
  • Books of account, in respect to transactions concerning a client, are opened to that client on request.
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Outside claims. If a member receives in writing a claim from a third party to funds considered due a client, the member shall immediately notify the client in writing that such a claim has been received. If the claim appears serious, funds normally due the client may not be remitted under the following rules:
  • For up to ninety days, the member may deposit the funds into a segregated, interest-bearing account pending resolution of the dispute.
  • If the dispute remains unresolved after ninety days, the member shall take steps to deposit the funds with a court of competent jurisdiction and notify all claimants so they have opportunity to present their claims to said court. When the funds have been deposited with the court, the member will have fulfilled the obligations due the client.
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Extra charges. In addition to compensation for services agreed upon between a member and client, a member may, with client approval, pass along charges incurred on the client's behalf such as copyright, manuscript retyping and photocopying fees, the cost of books used in negotiating the sale of other rights, long distance phone charges, special messenger fees.
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Information. A member shall keep each client apprised of all matters relating to their agreements and promptly respond to the client's reasonable requests for information.

 
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Compensation. Member's compensation for all transactions shall be derived solely from the client. A member who represents a client in the grant of rights in any property owned or controlled by the client may not accept any other form of compensation or other payment from the acquirer of such rights. Members shall not represent both buyer and seller in the same transaction.

The one exception is the so-called "packaging fee" paid to acquire television rights. A member may accept or participate in such a fee if the member, at the earliest possible time, completes these four steps:

  1. Fully discloses to the client who owns or controls the property the possibility that the member may be offered such a fee.
  2. Notifies the client that such a fee is in lieu of any fees from the client with respect to the transaction.
  3. Delivers to the client a copy of this Association statement on packaging and packaging fees.
  4. Offers the client the opportunity to arrange for other representation in the transaction.
For transactions subject to Writers Guild of America (WGA) jurisdiction, the regulations of the WGA take precedence over AAR requirements.

Members may not receive a secret profit in connection with any transaction involving a client.
  • If such profit is received, the entire amount must be promptly paid to the client.
  • Members may not solicit or accept any payment, preferment or item of value in connection with the referral of any client to a third party for any purpose except in connection with the disposition of rights in the work of that client.
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Confidentiality. Clients' financial affairs are private and confidential. Members may not share this information except for that customarily disclosed to interested parties as part of the process of placing rights, that required by law, or information used for other purposes, if agreed upon with the client in advance.
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Reading charges. Members may not charge clients or potential clients for reading and evaluating literary works, including outlines, proposals and partial or complete manuscripts. Members may not benefit, directly or indirectly, from charges levied for such services by any other person or entity. There are two exceptions to this rule:
  • Members may asked to be reimbursed for the actual cost of returning materials.
  • Members may read or evaluate a writer's work at a conference or other event where writers are charged separately for individual consultations.
The AAR believes that the practice of charging for readings is open to serious abuse and may reflect adversely on our profession. The exception for conferences is granted for these reasons:
  • The agent is not acting independently but within the context of an independent writers’ conference.
  • The potential benefit to writers cannot be duplicated in another manner.
This exception does not in any way dilute the AAR’s belief that literary agents should not charge clients and potential clients for reading and evaluating literary works in the ordinary course of business.