Contract Question

Terraaus

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My contract states I must submit my next book to my current publisher. If I do not like the offered advance am I obligated to accept it? If I decline the advance can I terminate the contract and shop the book elsewhere?
 

Ellaroni

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Not an expert, but...Does the contract specifically say you have to submit your next novel to them, or does it say they have first right if your next book is a sequel/is about the same characters? Sounds a bit strange if they want any manuscript from you - what if it's not in a genre they publish?

As for advances - you don't have to accept an advance. If you don't take the advance, this doesn't mean you don't accept the contract - it means you earn royalties from the first book sold. If you sign the contract, accepting the advance or not, your book is in the hands of the publisher.

If you're not sure about the contract or its terms, get someone with professional experience in that area to check it out before you sign.
 
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Old Hack

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This is something you should have clarified before you signed the contract.

Did you get any advice on the contract before you signed it? If so, who from? You could perhaps ask for help there again.

If you have an agent, speak to her. Ask your publisher for advice, but be wary as they're going to protect their own interests.

Bear in mind that contracts are a collection of clauses, many of which refer to others. You can't read a clause in isolation and expect to get a full picture of your obligations.

We can't give you legal advice, which is what you need here.

Who is the publisher? That might well be significant.
 

Terraaus

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I currently have 2 books with the publisher. My contract says I grant an option on my next book to the publisher on the same terms. My previous books are in one genre. I am interested in writing a book in another genre, which I plan on submitting to my publisher. If I am offered an advance and do not like the amount do I have to accept it? If I do not accept it does this terminate my contract? Would I then be free to market future books elsewhere? My contract does not refer to my next book being of a specific genre.
 

Old Hack

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I can't answer your questions with any certainty without reading your entire contract, which I don't have time for.

You need to take appropriate advice from a qualified professional.

Who is your publisher?
 

Aggy B.

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I'm asking this question because in the following article under Option For Next Work, it appears I can terminate the contract if I am not satisfied with the advance.
http://www.absolutewrite.com/novels/negotiating_book_contract2.htm

Only if your contract is written in such a way as to allow that. Some contracts are not.

Without reading your entire contract we can't tell you what your options are or what rights you have as far as submitting future work to your publisher.
 

Jamesaritchie

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I'm asking this question because in the following article under Option For Next Work, it appears I can terminate the contract if I am not satisfied with the advance.
http://www.absolutewrite.com/novels/negotiating_book_contract2.htm

That's the way I may sure my contracts are written. In a sense, it's a bidding war. I can sell the next book to any publisher that offers more money than my primary publisher is willing to pay. But if the primary publisher is willing to match the highest offer I get from anyone else, then they get the book.

What I can't do is sell the book elsewhere for less or equal money, or less favorable terms.

But it really depends on how your contract is worded.
 

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Depends entirely on how your contract is worded. Read it through carefully. Get legal help if you don't understand the terms (which you should have done before signing, but...).

Blessings,

Siri Kirpal
 

Little Ming

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I'm asking this question because in the following article under Option For Next Work, it appears I can terminate the contract if I am not satisfied with the advance.
http://www.absolutewrite.com/novels/negotiating_book_contract2.htm

From the article:

17.OPTION FOR NEXT WORK

The publisher may want an option now on your next work, even before the manuscript for the one presently being written is complete. Options work different ways. One type of option gives the publisher a "first look" at your next "similar work" for a certain period of time. If you turn down the publisher's offer based on this first look, you may sell the manuscript to a different publisher, but only if the terms are more favorable than those offered by the original publisher. Be sure you understand the definition of the work to which the option will apply, how the option works, and when the option period will start. Understanding exactly how the option works can be tricky, but is very important.
(Emphasis mine)

That is only "one type" of option. We have no idea what type of option you signed.
 
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Jennifer_Laughran

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I can't speak to your problem, OP, as I can't read your contract. But.

That's the way I may sure my contracts are written. In a sense, it's a bidding war. I can sell the next book to any publisher that offers more money than my primary publisher is willing to pay. But if the primary publisher is willing to match the highest offer I get from anyone else, then they get the book.

Ugh. Just for the record... in my opinion, this is a TERRIBLE WAY for the option clause in your contract to be worded.

The best possible option: NO OPTION.

The next best possible option (and what most options are if you have an agent, and if they haven't struck the option entirely): An option that is STRICTLY LIMITED in scope, and with a concrete time period, and for which you only need submit a sample, and which, if you fail to come to terms, YOUR OBLIGATION TO THAT PUBLISHER IS ENDED.

OK option: As above, but for ANY book rather than just the next book in the series.

Lousy option: Any option that requires you to wait until PUBLICATION of the first book to submit material. Any option longer than 60 days. Any option that locks you in to submitting full ms -- or worse, full ms after full ms in a never-ending loop, and yes, I've seen that (in contracts from small presses that were done without an agent) and it's awful.

My LEAST favorite (and one that is very common, and easily avoidable if you have an agent) -- Any option that requires you to go back to the publisher you just said no to and submit to them the terms of your new offer before you are allowed to accept it. What if you DO NOT WANT the old publisher, and you DO WANT the new publisher, but they are not offering as much for whatever reason? Not everything is about the advance.

This is not a "bidding war", this is you being hamstrung. Your old publisher has all the power. No. No. No. If you end up saying NO to their offer, for whatever reason, all your obligations to them should be finished, and you should be free to take whatever other offers on that work you want to take without having to go begging back to them.
 

Jamesaritchie

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I can't speak to your problem, OP, as I can't read your contract. But.



Ugh. Just for the record... in my opinion, this is a TERRIBLE WAY for the option clause in your contract to be worded.

The best possible option: NO OPTION.

The next best possible option (and what most options are if you have an agent, and if they haven't struck the option entirely): An option that is STRICTLY LIMITED in scope, and with a concrete time period, and for which you only need submit a sample, and which, if you fail to come to terms, YOUR OBLIGATION TO THAT PUBLISHER IS ENDED.

OK option: As above, but for ANY book rather than just the next book in the series.

Lousy option: Any option that requires you to wait until PUBLICATION of the first book to submit material. Any option longer than 60 days. Any option that locks you in to submitting full ms -- or worse, full ms after full ms in a never-ending loop, and yes, I've seen that (in contracts from small presses that were done without an agent) and it's awful.

My LEAST favorite (and one that is very common, and easily avoidable if you have an agent) -- Any option that requires you to go back to the publisher you just said no to and submit to them the terms of your new offer before you are allowed to accept it. What if you DO NOT WANT the old publisher, and you DO WANT the new publisher, but they are not offering as much for whatever reason? Not everything is about the advance.

This is not a "bidding war", this is you being hamstrung. Your old publisher has all the power. No. No. No. If you end up saying NO to their offer, for whatever reason, all your obligations to them should be finished, and you should be free to take whatever other offers on that work you want to take without having to go begging back to them.

That sounds great, but I've never seen such a contract at a large publisher. Not even for some very large name and famous writers. I know the primary publisher I edit for doesn't offer a contract with no option for the next book.

I can say my old publisher does not have all the power. The publisher with the most money has all the power, and if that's my old publisher, I don't mind it at all. It's not like they're a bad publisher in any way.

I will look into this, however. If I could get a contract with no option, I'd jump all over it, but no one has ever offered one, and no agent has even suggested they could get me such a contract. It sounds like I may have missed out on something.
 

Mr Flibble

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I do not have my contract hand but..

There is an option clause

It says (from memory but this is the gist as I recall)

My publisher has right of first refusal

I can reject any offer they make

If someone else makes an offer, they can match it

I can still refuse it and go with someone else.


So, they get to see the option and chose whether to go for it, and I can take it elsewhere if I like *
That seems fair enough to me?



*may be different with characters I have pubbed with them, can't recall atm. But I do not recall any restrictions. I am contracted for this series, not for the world/characters.

I may need to reread my contract for details :) But that is what I got the gist of.
 

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That's what I'm used to, Flibble.
 

Jennifer_Laughran

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That sounds great, but I've never seen such a contract at a large publisher. Not even for some very large name and famous writers. I know the primary publisher I edit for doesn't offer a contract with no option for the next book.

For some of my clients, I routinely get all their options struck - these tend to be people who are quite prolific and who have multiple publishers, it just wouldn't make sense and would be impossible to fulfill without messing somebody over. Of course all publishers WANT an option - sometimes I just can't give it to them, and they will strike in these instances.

Most of the rest, the option is very strictly limited to direct sequels (or something like that - "books set in the same world" or "books with the same characters"). This is fair enough, I think - I mean, we ideally WANT the sequel to be published by the same house. But I might want to take a different kind of book someplace else, and this allows us the freedom to do that.

In some cases it might be more general ("next YA book") - but generally that's for debut authors who have nothing else cooking yet, and you want them to build a relationship with their first publisher anyway, so it makes total sense.
 

MandyHubbard

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That's the way I may sure my contracts are written. In a sense, it's a bidding war. I can sell the next book to any publisher that offers more money than my primary publisher is willing to pay. But if the primary publisher is willing to match the highest offer I get from anyone else, then they get the book.

What I can't do is sell the book elsewhere for less or equal money, or less favorable terms.

But it really depends on how your contract is worded.

That's actually NOT a favorable clause at all. I have it struck every time an publisher attempts to put that in there. It's not "YAY, it means a bidding war!" it means the publisher is tying your hands and forcing you to stay with them if they beat another offer.


As to the original question, I've seen options of every color. I've seen "options" which actually grant the publisher the RIGHT to publish your next book on the same terms, which, had this author signed it, creates a NIGHTMARE. You are stuck with that publisher FOREVER, if they want your work.

More favorable terms simply mean they get an exclusive first look for 30 or so days, you don't have to take what they offer, and if you walk, you're under no more obligation to them.

Btw your contract doesn't "terminate" as you said in your initial question, after the option. You're still contracted for that first book!
 

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That's actually NOT a favorable clause at all. I have it struck every time an publisher attempts to put that in there. It's not "YAY, it means a bidding war!" it means the publisher is tying your hands and forcing you to stay with them if they beat another offer.


As to the original question, I've seen options of every color. I've seen "options" which actually grant the publisher the RIGHT to publish your next book on the same terms, which, had this author signed it, creates a NIGHTMARE. You are stuck with that publisher FOREVER, if they want your work.

More favorable terms simply mean they get an exclusive first look for 30 or so days, you don't have to take what they offer, and if you walk, you're under no more obligation to them.

Btw your contract doesn't "terminate" as you said in your initial question, after the option. You're still contracted for that first book!

Have you heard of an option that basically demands the writer submit another book in the same genre, by a certain date, without any sort of advance?

All the options I'm reading about seem to suggest the publisher gets first dibs on the next book if and when the author writes one. But what if it says you have to write one and you don't have a choice?

Just wondering how common something like that is?
 

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Have you heard of an option that basically demands the writer submit another book in the same genre, by a certain date, without any sort of advance?

All the options I'm reading about seem to suggest the publisher gets first dibs on the next book if and when the author writes one. But what if it says you have to write one and you don't have a choice?

Just wondering how common something like that is?

Not common. I have never seen an option worded this way. And if I did, I'd RUN.