| The members of the Association of Authors'
Representatives, Inc. are committed to the highest standard of conduct
in the performance of their professional activities. While affirming
the necessity and desirability of maintaining their full individuality
and freedom of action, the members pledge themselves to loyal service
to their clients' business and artistic needs, and will allow no conflicts
of interest that would interfere with such service. They pledge their
support to the Association itself and to the principles of honorable
coexistence, directness, and honesty in their relationships with their
co-members. They undertake never to mislead, deceive, dupe, defraud,
or victimize their clients, other members of the Association, the general
public, or any person with whom they do business as a member of the Association.
Members shall take responsible measures to protect the security and
integrity of clients' funds. Members must maintain separate bank accounts
for money due their clients so that there is no commingling of clients'
and members' funds. Members shall deposit funds received on behalf of
clients promptly upon receipt, and shall make payments of domestic earnings
due clients promptly, but in no event later than ten business days after
clearance. Revenues from foreign rights over $50 shall be paid to clients
within ten business days after clearance. Sums under $50 shall be paid
within a reasonable time of clearance. However, on stock and similar
rights, statements of royalties and payments shall be made not later
than the month following the member's receipt, each statement and payment
to cover all royalties received to the 25th day of the previous calendar
month. Payments for amateur rights shall be made not less frequently
than every six months. A member's books of account must be open to the
client at all times with respect to transactions concerning the client.
If a member receives in writing a claim to funds otherwise due to a client,
the member shall immediately so advise the client in writing. If the
member determines that the claim is serious, and that the funds should
not be remitted to the client because of the claim, the member shall
proceed in accordance with the following: For a period not to exceed
ninety days, the member may deposit the funds in question into a segregated
interest-bearing account pending possible resolution of the dispute.
No later than the expiration of that ninety-day period, if the dispute
remains unresolved and the claimants do not otherwise agree with respect
to the disposition of the disputed funds, the member shall take such
steps as may be necessary to deposit the funds with a court of competent
jurisdiction, with appropriate notice to the claimants, so that the claimants
will have an opportunity to present to that court their claims to those
funds. Upon so depositing the funds, the member will have complied with
the member's obligations under this Canon of Ethics.
In addition to the
compensation for agency services that is agreed upon between a member
and a client, a member may, subject to the approval of the client, pass
along charges incurred by the member on the client's behalf, such as
copyright fees, manuscript retyping, photocopies, copies of books for
use in the sale of other rights, long distance calls, special messenger
fees, etc. Such charges shall be made only if the client has agreed to
reimburse such expenses.
A member shall keep each client apprised of
matters entrusted to the member and shall promptly furnish such information
as the client may reasonably request.
Members shall not represent both
buyer and seller in the same transaction. Except as provided in the next
sentence, a member who represents a client in the grant of rights in
any property owned or controlled by the client may not accept any compensation
or other payment from the acquirer of such rights, including but not
limited to so-called "packaging
fees," it being understood that the member's compensation, if any,
shall be derived solely from the client. Notwithstanding the foregoing,
a member may accept (or participate in) a so-called "packaging fee" paid
by an acquirer of television rights to a property owned or controlled
by a client if the member: a) fully discloses to the client at the earliest
practical time the possibility that the member may be offered such a "packaging
fee" which the member may choose to accept; b) delivers to the clients
at such time a copy of the Association's statement regarding packaging
and packaging fees; and c) offers the client at such time the opportunity
to arrange for other representation in the transaction. In no event shall
the member accept (or participate in) both a packaging fee and compensation
from the client with respect to the transaction. For transactions subject
to Writers Guild of America (WGA) jurisdiction, the regulations of the
WGA shall take precedence over the requirements of this paragraph.
Members
may not receive a secret profit in connection with any transaction involving
a client. If such profit is received, the member must promptly pay over
the entire amount to the client. Members may not solicit or accept any
payment or other thing of value in connection with their referral of
any author to any third party for any purpose, provided that the foregoing
does not apply to arrangements made with a third party in connection
with the disposition of rights in the work of a client of the member.
Members shall treat their clients' financial affairs as private and
confidential, except for information customarily disclosed to interested
parties as part of the process of placing rights, as required by law,
or, if agreed with the client, for other purposes.
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, members may not
charge clients or potential clients for reading and evaluating literary
works and may not benefit, directly or indirectly, from the charging
for such services by any other person or entity. The term "charge" in the previous
sentence includes any request for payment other than to cover the actual
cost of returning materials. Members who participate in conferences or
other events where writers are charged separately for individual consultations
with agents in which the writer's work is read or evaluated may not provide
such consultations. The foregoing shall not prevent members from accepting
honoraria and/or reimbursement of expenses for participating in such
conferences or other events. |