Scam Artists Posing As Legitimate Literary Agents
Most aspiring writers have experienced, at least once, there are a lot of unscrupulous companies on the Internet posing as legitimate literary agencies, when in reality the literary agency is nothing more than window dressing to steal the aspiring writer’s money. The scam is embedded in all forms of literary representation from novel writers to screenplay writers. Here is how the scam works.
The agent or agency advertises on the Internet they are looking for potential screenplays to represent to film producers. The agent asserts representing various screenwriters from various backgrounds with successful sells to production companies they have a working relation with. They advertise, “There is no reading fee, no do we charge a fee for our services. We get paid when we sell your screenplay. What we look for in writers is their potential. By following our guidelines, we can enhance your writing skills.” Sounds like any legitimate literary agency... almost. As you will see, this is all a ruse to swindle the writer from his money.
Their first suggestion is to have the writer send them his or her screenplay via email. Once they receive the screenplay, they will email the hopeful writer, acknowledging they have received it. Of course they say they need at least seven days to review his or her play. The seven days waiting period is to have the writer believe they have carefully scrutinized and read every word of your play.
After the seven days, the writer get another email from the agency stating, “Your screenplay has potential for a sale. However, after carefully reviewing it, our professionals determined it needs some work.” It is at this point they suggest a professional writer they work that will critique the writer's play for a small fee ranging from $100 to $500. All he or she needs to do is provide them with a valid credit card, cashier check, or wire the money directly into their account. As soon as they receive the money they send the writer, via email, a contract for representation. The contract is usually for valid for 60 to 90 days. The agency then informs the writer it will take 3 to 6 weeks to critique his or her screenplay. After the critiquing, they email the writer again, stating, “your play has potential for a sale, but also requires further doctoring before we can show your script to potential buyers. The “script doctor,” they claim, is an outside person that has no connection to the agency, but is someone that is personally acquainted with the agency. They only work with the best “script doctors” in the business. And for a fee ranging from $200 to $1,500 the “script doctor” will polish the final draft in preparation to show to their list of contacts. The “script doctor” needs 4 to 6 weeks to doctor the screenplay. The end result: by the time the writer's screenplay gets critiqued and doctored, his or her 90 days for representation has expired. That means, the writer's contract with the agent or agency is now moot. The worse part of this scam is the writer has no clue that the agent is the same person critiquing and doctoring his or her screenplay. Most of the time, the writer's screenplay ends up worse off or no better than before the critiquing and doctoring, and he or she out the money they sent to the agency.
Even more sordid, the agent and/or agency have never sold a screenplay to any recognized film producer or production company. Their scam solely preys on the aspiring writer’s hopes in getting his screenplay sold. Unfortunately, there are hundreds of scam artists on the Internet posing as legitimate agents, preying on aspiring writers. Here are a few things you should look for in selecting an independent agent or agency to represent you. Is the agent or agency a member of the The Association of Author's Representation. The AAR has specific guidelines that registered independent agents must adhere too. Association of Authors Representatives
“The AAR believes that the practice of literary agents charging clients or potential clients for reading and evaluating literary works (including outlines, proposals, and partial or complete manuscripts) is subject to serious abuse that reflects adversely on our profession. For that reason, the AAR prohibits its members from charging reading fees.”
However, be aware, some unscrupulous agents have been known to become a member of the AAR. The AAR will investigate complaints of unscrupulous agents registered as members of their association.
Firstly, check with AAR to see if the agency or the agent is a registered member. You can also check with the Better Business Bureau in their area for any complaints file with their department. Also, you may find additional information about said agencies through their state consumer affairs. Secondly, ask the agent to provide you with a current telephone number and street address of their business. If they tell you to send all correspondence to their post office box, tell them you would like to have a street address for your records. However, be advised, most fraudulent agencies use email as their source of correspondence. Thirdly, have the agent provide you a list of producers and production companies they have sold too. Fourthly, have the agent provide a list of screenplays they have sold. Include in your query a list of writers they represent. Fifthly, most reputable agency contracts are anywhere from 3 to 7 years. Anything shorter than three years should be a red flag of a potential problem. If you are in question about the contract have an entertainment lawyer review the contract before signing it.
Sixthly, never send money to an agent or a agency that promise results for a sale. No legitimate literary agency can guarantee a script sale. No legitimate agency will ask for money to critique your screenplay, nor will they ask for money to doctor your script. Legitimate agencies that are interested in representing you will make the necessary suggestion for changes in your script, without charging a fee. As a rule-of-thumb, most legitimate agencies, will not ask for you to email them your screenplay. And lastly, never pay any agent or agency a reading fee to read your screenplay. Again, Legitimate agencies never charge a reading fee. Your screenplay either has potential for a sale or it does not. If it does, your agent will work with you to make the necessary changes without charging a fee. If your play does not meet their standards, they will let you know they are not interested.
Johnny Israel writes for City Room Press.