Question: Agent commissions on self-pubbed, previously subbed work

My question is this:

Actual scenario:

Writer: I have a backlist of titles I'd like to self-publish.
Agent: That's a great idea! And we'll revise your contract to exclude self-published works from my commission structure. It's only fair, since I never worked on those books.
Writer: Yay!

Later:
Agent: Remember that book we worked on together, the one I loved so much and submitted to 10000 publishers? No one's biting. I'm afraid we have to take it off submission now.
{{Writer sobs}}

Still later:
Writer: Hey, maybe I can self-publish that one too...



Ah, but what happens next?

Possible scenario 1:
Agent: You self-published that? The one I worked several hundred hours on?
Writer: Well, it sucks to be you. Agents are working on spec, so if you don't make the sale, you don't get any of the cash.
God Almighty: Um, Writer, have you never heard of theft of services...? Don't answer that. I know you have.


Possible Scenario 2:
Writer: Here, a freelance editor would have gotten $$$ for all the work you did, so take this check.
Agent: Oh boy!
People Who Oversee Agent Ethics: Bad agent! Bad! No cookie! whisky for you!




Possible Scenario 3:
Writer, thirty-five years later: Well, I earned another five bucks this month from Amazon. I guess it's time to write my agent a check for eighty-six cents.***



My Question then is this:

Writer doesn't like any of these scenarios. What does the Shark say? #2 seems like the best option, except Writer isn't sure if it's an ethics violation for an agent to accept payment for services rendered to a client.

Well, it's not theft of services because the service the agent offers is selling your manuscript. She didn't. Thus no theft. God is very clear on this.

It's entirely ok with the AAR if you compensate your agent for sales of a book. Whether you write the check, or Random House writes the check, it matters not a whit.

This is something you want to discuss with your agent BEFORE the situation arises.  You'll say "Hey, if this book doesn't sell because every editor in NYC has lost his/her mind, followed soon thereafter by all editors in the known universe, and I self-publish this, how do we work your commission?"

And you'll find out what the agent wants to do. It's then up to you to agree. If you don't agree, negotiate.

Thus

Scenario #4
Agent: Remember that book we worked on together, the one I loved so much and submitted to 10000 publishers? No one's biting. I'm afraid we have to take it off submission now.
{{Writer sobs}}

Still later:
Writer: Hey, maybe I can self-publish that one too...

Still later:
Writer: Hey, I sold 5000 copies of that book that all those stupid editors said wouldn't fly, and that you and I really believed in.  Here's a check for x% of my earnings.  Rock on!

Agent: Yay! Booze fund money!



A lot of agents are doing this these days.

I'm not.

I've been accused by dear friends and colleagues of being "too pure" which cracks me up to no end, but my position is this: I signed on to sell your book. If I don't do that, you don't pay me.  If you elect to self-publish, you assume the risk, and you get the reward.

This is something to work out ahead of time though. The last thing you want is a disagreement about who owes who what when there's actual money on the table.  Actual money at stake brings out the knives faster than you can say "fillet of shark."



*** Agent commissions are generally 10% on subrights, and 15% on domestic sales. Thus the commission is either .50 or .75 .  If someone wants you to pay 17.2% on a book you self-pubbed you might want to shop around.