Option on Author's Next Work

BlinkerBot · Mar 31, 2014

I've seen a couple of publishing contracts which include a section about guaranteeing the publisher an option to acquire the author's next work. In both cases, a window of time (30-60 days) was stipulated, during which the author could not submit the work to another publisher, but at the end of that window they were free to do so if the publisher either (a) chose not to exercise the option or (b) failed to respond. My question: if the publishers DOES respond within the specified window and they DOES wish to exercise the option is the author REQUIRED to sign a contract with the publisher or can they still to choose to opt out?

shaldna · Apr 1, 2014

Okay, and 'option' is when the publisher wants first dibs on your next book. If they decide not to take it then you are free to submit it elsewhere.

BlinkerBot · Apr 1, 2014

Right. I get that part. My question was more about if they want it to I HAVE to give it to them. In one case i saw this written as Option on Author's Next work. In another it was Rights to Author's Next Work.

shaldna · Apr 1, 2014

Yes. What exactly aren't you clear on?

Barbara R. · Apr 1, 2014

BlinkerBot said:
Right. I get that part. My question was more about if they want it to I HAVE to give it to them. In one case i saw this written as Option on Author's Next work. In another it was Rights to Author's Next Work.

Yes, you have to sell it to them--that's what an option is.

However, most option clauses have something about "on terms to be mutually agreed by publisher and author." That can be an out, if you can't agree on terms. But you couldn't then take the book and sell it to another publisher for less than you were demanding from the option holder.

BlinkerBot · Apr 1, 2014

Ok, I think that answers my question. I was basically trying to figure out if the inclusion of that term 'locks' the author into signing if the publisher elects to exercise the option. Sounds like the answer is yes.

Michael Davis · Apr 4, 2014

It's a contract you sign. You can fight it in court but you'll likely lose, in more ways than one.

Old Hack · Apr 4, 2014

You could try to negotiate the option clause out of the contract before you sign it, if you object to it too much.

eqb · Apr 4, 2014

??? The option clauses I've seen are all right of first refusal. So while I must send the relevant work to that publisher first, I'm not obligated to take their offer. A clause that says you must take the offer is evil.

Mr Flibble · Apr 6, 2014

eqb said:
??? The option clauses I've seen are all right of first refusal. So while I must send the relevant work to that publisher first, I'm not obligated to take their offer. A clause that says you must take the offer is evil.

Yup -- while I have to show them first, if they make an offer I am under no obligation to take said offer.

This will ofc depend on the wording of the clause.

Cathy C · Apr 6, 2014

Very true!

The option clause generally means you have to offer it to them first, based on the same terms as the previous deal. If they change the terms to lower the overall deal, you may usually seek other options. If someone else makes a competing offer, the first publisher would then have to decide whether to match a higher offer from another pub.

thelittleprince · Apr 13, 2014

This can be negotiated out of your contract - it was with mine. I'd give it a go if it worries you

ironmikezero · Apr 14, 2014

Sometimes it can't be negotiated and you may have to pass on the contract.

I've had two such contact offers, each of which wanted any and all next work for the life of the contract. Unfortunately, I also write for government agencies and such material is typically deemed confidential and/or classified. Obviously there was no way they could have any of that. Despite what I thought was a reasonable request to negotiate, I was surprised how intransigent both pubs were to any compromise of the contract boilerplate. Needless to say, I passed on both offers.

Mr Flibble · Apr 14, 2014

ironmikezero said:
I've had two such contact offers, each of which wanted any and all next work for the life of the contract.

Lawks! That does not sound a good contract! I've herd of some that will basically lock an author into a publisher forever

It's a clause that should be looked at very carefully, but it need not be a deal breaker if worded well (ie in your favour

).

andiwrite · Nov 25, 2014

I'm bumping this thread because I was just in a discussion about option clauses on another thread, and the info here is relevant.

I have a ton of questions about this, but here is my biggest:

What if you have an option clause but simply don't have anything to pitch? What if you've not written your next book (or even have an idea) at the time your first book is published?

Unimportant · Nov 25, 2014

BlinkerBot said:
I've seen a couple of publishing contracts which include a section about guaranteeing the publisher an option to acquire the author's next work. In both cases, a window of time (30-60 days) was stipulated, during which the author could not submit the work to another publisher, but at the end of that window they were free to do so if the publisher either (a) chose not to exercise the option or (b) failed to respond. My question: if the publishers DOES respond within the specified window and they DOES wish to exercise the option is the author REQUIRED to sign a contract with the publisher or can they still to choose to opt out?

It depends on the wording of the contract.

It may say that if the publisher makes you an offer on work #2 at least as good as the contract for work #1, you have to accept.

It may say that if the publisher makes you an offer of any kind for work #2, you can choose to turn it down and shop the work elsewhere, but if you get an offer elsewhere you must allow the original publisher to match or exceed the offer from the second place.

It may say that if the publisher makes you an offer of any kind for work #2, you can choose to turn it down and shop the work elsewhere, but you can only accept an offer elsewhere if the terms are more favourable than those offered by the first publisher.

It may say that if the publisher makes you an offer of any kind for work #2, you can choose to turn it down and shop the work elsewhere, no strings and no hard feelings.

If it doesn't specify, I'd ask them to clarify.

The contract should also define what 'next work' means. Next novel length work? Next book in the series? Next book in the same genre/subgenre? Next blog post you write?

andiwrite said:
What if you have an option clause but simply don't have anything to pitch? What if you've not written your next book (or even have an idea) at the time your first book is published?

Ask them to define 'next work' in the contract, so you know what you're committing to, and ask them to put in the contract whether it can be a proposal or if it has to be a completed manuscript.

andiwrite · Nov 25, 2014

I already signed my contract ages ago without knowing what I was doing, lol. I'm okay with almost all of it and I think everything seems fair, but it doesn't say what happens if you simply don't have another book written.

Sage · Nov 25, 2014

I've never heard anyone say that the option book has to be finished or even pitched before the first book comes out. But I've never had an option clause, so I have no personal experience, just a lot of friends with a lot of books.

andiwrite · Nov 25, 2014

Hypothetically, let's say someone's option clause says the work must be submitted by a certain date. All I want to know is whether that's just a chance to pitch by that date or if there are some sort of legal consequences for not having another book ready by then.

Unimportant · Nov 25, 2014

andiwrite said:
Hypothetically, let's say someone's option clause says the work must be submitted by a certain date. All I want to know is whether that's just a chance to pitch by that date or if there are some sort of legal consequences for not having another book ready by then.

It depends on the exact wording of the contract, but I'd say just ask the publisher to clarify.

Sheryl Nantus · Nov 25, 2014

Unimportant said:
It depends on the exact wording of the contract, but I'd say just ask the publisher to clarify.

Yes. This.

There's nothing wrong with sending an email to your publisher and asking for a clear reply to your question.

andiwrite · Nov 25, 2014

Thanks! I hadn't written the publisher because I was hoping there was still a chance I could get something together in time. It doesn't look like that's going to happen, so I probably should email.

Old Hack · Nov 25, 2014

If you sign a two-book deal it will almost certainly have a deadline specified by which time you have to deliver that second book. If you don't deliver it, you'll be in breach of contract.

At that point, much depends on your contract. But expect to have to return the portion of the advance which was paid for this book, and perhaps further expenses too.

Sage · Nov 25, 2014

andiwrite said:
Hypothetically, let's say

Why? Is this your situation or not? A hypothetical answer will not help you.

If you have to deliver it at a certain time, I'd start writing.

If you don't, then you don't have to worry about it.

Old Hack · Nov 25, 2014

Note, by the way, that an option on a second book is not the same as a two book deal. If your contract contains an option clause for your next book, it could be that the date provided is the date that option expires, rather than a submission deadline.

If that's not the case and it is a submission deadline then no, pitching the book by that date is not going to be acceptable. The publisher will have put the book into its publication schedule and will have an editor standing by, and so on. They'll want the manuscript, not a pitch for it.

If you think you're not going to make it you must speak to your editor as soon as possible.

Option on Author's Next Work

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