Association of Literary AgentsFrahlingen Association
The members commit themselves to supporting the association itself and the basic values of honourable living together, straightforwardness and sincerity in their relations with its members. You agree never to cheat, to cheat, to cheat, to cheat or to harass your customers, other members of the association, the general public or anyone with whom you do commercial work.
The members take responsibility for protecting the safety and health of client assets. The members must keep their customers' due monies in segregated banking account to avoid confusion of customer and member monies. The members are obliged to lodge monies they receive in the name of the customer immediately upon receiving them and to make payment of national income immediately, but at the latest within ten working day after release.
Revenue from $50 or more of your overseas privileges will be returned to you within ten working days of your release. Amounts under $50 will be withdrawn within a reasonable period of grace after release. In the case of shares and similar entitlements, however, the accounts and royalty settlements for all licence fees up to the twenty-fifth of the preceding month must be made in the months following the date of the member's reception at the latest.
The payment for non-professional copyrights is made at least every six month. The accounts of a member must be open to the customer at all time if the business concerns the customer. In the event that a member obtains another monetary demand from a customer in written form, the member must immediately inform the customer of this in written form.
In the event that the Member finds that the debt is serious and the monies are not to be transferred to the Customer due to the debt, the Member shall act as follows: The member may pay the relevant monies into a separate interest-bearing bank for a maximum of 90 workingdays until the disagreements can be settled.
Not later than the expiry of this ninety-day time limit, if the disagreement persists and the plaintiffs do not otherwise consent to the disposal of the contested monies, the member shall take the necessary measures to lodge the monies with a tribunal with appropriate notification of the plaintiffs, so that the plaintiffs have the possibility to assert their rights before that tribunal.
By paying in the monies, the member has fulfilled his commitments under this Code of Ethics. As well as the remuneration for brokerage between a Member and a Customer, a Member may, with the consent of the Customer, charge the Member a fee on the Customer's account such as royalties, manuscripts, photocopies, book duplicates for use in the selling of other copyrights, long-distance telephone communications, specific courier costs, and so on.
These costs are only charged if the customer has declared his willingness to refund these costs. The Member shall keep each customer informed of the affairs assigned to him/her and shall immediately provide him/her with the information reasonably requested by the customer. Subject to the next clause, a Member representing a Customer in granting a right to a Customer's title shall not be entitled to indemnification or other form of remuneration from the purchaser of such right, inclusive of, but not restricted to, so-called "packaging costs", with the Member's indemnification, if any, to be paid exclusively by the Customer.
Without prejudice to the above, a Member may agree (or take part in) a so-called "Packaging Fee" payable by a purchaser of a customer's ownership of TV broadcasting material if the Member: a) gives the Member the option at the earliest possible date of offering the Member such a "Packaging Fee" that the Member can agree to pay; b) provides the customer at that date with a copy of the Association's explanation of the packing and packing costs; and c) gives the customer the option at that date of agreeing a different representative in the operation.
Under no circumstances does the Member agree (or participate) to both a packing charge and indemnification from the customer in relation to the Deal. No member may obtain any hidden gain in relation to a customer participating in a sale. In case of such a win the member has to immediately transfer the whole amount to the customer.
The Members may not demand or take payments or other valuables in relation to the forwarding of an Authors work to a third person for any purposes, provided this does not include agreements made with a third person in relation to the disposal of a Member's customer's work.
The Members shall keep the finances of their customers strictly confidential, with the exception of information that is usually provided to interested persons as part of the statutory procedure for granting the right or, if mutually arranged with the customer, for other use. AAR considers that the practices of the frahlings who burden customers or prospective customers for viewing and assessing literature (including sketches, suggestions and full or part of the manuscripts) are exposed to serious misuse which has a negative impact on our work.
Therefore, Members may not levy any fees for viewing and assessing works of literature and may not directly or implicitly profit from the fees for such service by other persons or entities. Nevertheless, members attending a conference or other event at which authors are billed individually for personal consultation with representatives at which the author's work is reviewed or assessed may conduct such consultation.
In the AAR's view, the misuse risk is alleviated by the fact that the agents act within the framework of an independant authors' meeting. Moreover, the fear that such involvement could have a negative impact on our job is offset by the benefits that such involvement could bring to authors, an advantage that cannot be copied in any other way.
The exemption for attending the event in no way dilutes the conviction of AAR that Frahlingen customers and prospective customers should not be burdened with the normal course of operations for viewing and assessing literature.