1. words*from*the*heart
    Offline

    words*from*the*heart Member

    Joined:
    Aug 11, 2008
    Messages:
    23
    Likes Received:
    0
    Location:
    Nuneaton, England

    Contracts

    Discussion in 'Publishing' started by words*from*the*heart, Aug 11, 2008.

    :confused:If your not old enough to sign the contract to have your novel published can your agent be eligable to sign it for you (obviously still giving you the royalties) or do you have to wait? Or maybe a guardian sign it?
     
  2. TWErvin2
    Offline

    TWErvin2 Contributing Member Contributor

    Joined:
    Nov 30, 2006
    Messages:
    2,528
    Likes Received:
    561
    Location:
    Ohio, USA
    I do not know the laws where you live (England), but in the United States (although the specifics vary a little from state to state) generally a parent or guardian must sign.

    An agent would probably require a contract, so having an agent 'sign' for a minor would not work.

    Maybe someone in your neck of the woods can give you more specific information.

    Terry
     
  3. mammamaia
    Offline

    mammamaia nit-picker-in-chief Contributor

    Joined:
    Nov 21, 2006
    Messages:
    19,316
    Likes Received:
    1,014
    Location:
    Coquille, Oregon
    not the agent, since minors can't even sign the agent's contract and no legit agent will work without one... a parent or legal guardian has to sign all the contracts for them...
     
  4. NaCl
    Offline

    NaCl Contributing Member Contributor

    Joined:
    Apr 30, 2008
    Messages:
    1,855
    Likes Received:
    58
    Being a parent is not enough. A parent must have legal appointment as "guardian" in order to sign a contract on behalf of a minor and even after such appointment, the contract is subject to approval by the courts.

    Here is an interesting excerpt from an article in Business Week:

    "Most people don't know that there is no common-law or statutory authority for parents or anyone else to bindingly contract for a minor. There are a lot of things parents can do, like signing permission slips...because parents are the legal guardian for personal matters concerning their child. But generally, without court authority, they can't enter into a contract for a minor."

    http://www.businessweek.com/2000/00_22/b3683155.htm

    This is also true with inheritances. Parents of minors do not automatically have authority to manage funds on behalf of their minor children. This is why trusts are so important as a vehicle for dealing with minors.
     
  5. mammamaia
    Offline

    mammamaia nit-picker-in-chief Contributor

    Joined:
    Nov 21, 2006
    Messages:
    19,316
    Likes Received:
    1,014
    Location:
    Coquille, Oregon
    much as i respect your good intentions and knowledge of inheritance and insurance matters, salty, i would still strongly urge any minor/parent finding themselves in such a situation, or wanting to know what the actual laws are, to consult a literary attorney of their own and not go by anything they find on the internet or in writing forums...

    the laws governing such things may also not be federal ones or universal and perhaps determined by the state/country in which the person lives, so that needs to be considered as well...

    hugs, m
     

Share This Page