Cannot publish books with any other publisher under author name

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Daffodil_Thursday

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I have a number of books published with Publisher A (2 published and available, 1 finished and just sent to publishers (no contract yet), one wip (contract signed) and another wip which has been agreed but no date signed.)

I was approached by a writer and a publishing house, Publisher B and asked if I would like to a book contribute towards a themed ‘boxset’.
Publisher B is a ‘partner publisher’ of Publisher A and a number of authors (including the one who approached me) publish books with both Publisher A and Publisher B. Publisher B’s books are sold on Publisher A’s website.

I am very, very keen to do this. The author in question is a bestseller in our niche and I think contributing to this will have a great effect on my current and future sales.

However, I have a clause in my contracts which says:
Author agrees that for a period of one year from the signing of this contract Author will not publish romance fiction or romance erotica for any other company or under a self-publishing arrangement using the Author name associated with this Work

I contacted Publisher A to ask whether it would be possible to publish a book with Publisher B as part of this collection.

Publisher A have got back to me to say that I cannot use my existing author name. She also said that they (Publisher A) are also planning a similar-themed boxset and that Publisher B ‘borrowed’ their idea. She said that they could still use writers on that and offered to match the advance being offered by Publisher B.

I am wondering if anyone else has had similar clauses included in their contracts?

Participating in Publsiher A’s boxset seems to me to be an act of bad faith towards towards Publisher B.

I therefore think my options are:

1. Participate in Publisher A’s boxset. I don’t want to do this as it seems like an act of bad faith towards the author and Publisher B who sought me out.

2. Not do either of the boxsets.

3. Do the boxset for Publisher B under a different name (I am assuming this has to be properly different. I can’t just rename myself from Daffodil Thursday to Daffodil J Thursday for instance. Presumably this has the potential to piss off Publisher A who are still handling all my books.

4. Contact Publisher A again and try to wangle some kind of a deal. I am not sure the best way to approach this. Presumably other authors on their books aren’t under the same restriction. However, I do recognise that it is a stipulation in my contract and am asking for special dispensation in this one instance.

This was insanely long. Thank you if you got this far. I would appreciate any feedback at all on this one.
 

suki

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However, I have a clause in my contracts which says:
Author agrees that for a period of one year from the signing of this contract Author will not publish romance fiction or romance erotica for any other company or under a self-publishing arrangement using the Author name associated with this Work

You signed a contract. Do not do anything to violate that contract without first consulting an attorney experienced in literary law.

Now, you can continue to see if the publisher will release you from the terms of your contract, but unless an authorized agent of the publisher agrees, in writing, that you can use your name to publish with anyone but it, then you would be violating the terms of your contract.

Consult a lawyer if you are considering doing anything except abiding by the terms of the contract.

~suki
 

veinglory

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Well, you signed a contract saying you would not use that name on a romance book for a year.

They did not agree to waived the provision.

So if you do it you are violating the contract.
 

milkweed

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Publisher B knows you are with Publisher A and is trying to poach you and you are seriously considering going with them???

Ummm I can't see how this will work out well for you in the future, just sayin...
 

veinglory

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Unless Publisher A is paying a living wage they would be crazy to even consider requiring exclusivity. So I would never call it poaching. That said, the author signed that contract willingly and is bound by it.
 

milkweed

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Unless Publisher A is paying a living wage they would be crazy to even consider requiring exclusivity. So I would never call it poaching. That said, the author signed that contract willingly and is bound by it.

the reason I called it poaching is Publisher A stated that their subsidiary Publisher B cabbaged onto their idea for a boxed set and is now trying to lure authors away from Publisher B and really doesn't bode well for Publisher B. But maybe this behaviour is normal?

That to me is poaching, but maybe things work differently in the how-to book world???

Agreed on being bound by the contract and I wouldn't sign an exlcusivity contract. I've seen too many companies go bankrupt leaving artists stranded when it came to licensing deals.
 

noranne

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I don't think that going with Pub A's boxset is bad faith towards Pub B or the author. You can tell them that your contract doesn't allow participation in their endeavor, wish them the best of luck, and take advantage of Pub A's opportunity without any bad faith, IMO. This is business, you have to look out for career. I'm not saying to be rude or a ruthless a-hole, but ultimately your career will probably be much longer than your relationship with either Pub A or Pub B and you're the only one who has your career as a number one priority.

So I would recommend option 1. It is the best for you (assuming your contract is ironclad about the clause) and, if handled professionally, shouldn't burn any bridges.

All that said, I'm just some schmoe on the internet who's never had a publishing contract, so sprinkle liberally with salt.
 

elinor

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I have a number of books published with Publisher A (2 published and available, 1 finished and just sent to publishers (no contract yet), one wip (contract signed) and another wip which has been agreed but no date signed.)

I was approached by a writer and a publishing house, Publisher B and asked if I would like to a book contribute towards a themed ‘boxset’.
Publisher B is a ‘partner publisher’ of Publisher A and a number of authors (including the one who approached me) publish books with both Publisher A and Publisher B. Publisher B’s books are sold on Publisher A’s website.

I am very, very keen to do this. The author in question is a bestseller in our niche and I think contributing to this will have a great effect on my current and future sales.

However, I have a clause in my contracts which says:
Author agrees that for a period of one year from the signing of this contract Author will not publish romance fiction or romance erotica for any other company or under a self-publishing arrangement using the Author name associated with this Work

I contacted Publisher A to ask whether it would be possible to publish a book with Publisher B as part of this collection.

Publisher A have got back to me to say that I cannot use my existing author name. She also said that they (Publisher A) are also planning a similar-themed boxset and that Publisher B ‘borrowed’ their idea. She said that they could still use writers on that and offered to match the advance being offered by Publisher B.

I am wondering if anyone else has had similar clauses included in their contracts?

Participating in Publsiher A’s boxset seems to me to be an act of bad faith towards towards Publisher B.

I therefore think my options are:

1. Participate in Publisher A’s boxset. I don’t want to do this as it seems like an act of bad faith towards the author and Publisher B who sought me out.

2. Not do either of the boxsets.

3. Do the boxset for Publisher B under a different name (I am assuming this has to be properly different. I can’t just rename myself from Daffodil Thursday to Daffodil J Thursday for instance. Presumably this has the potential to piss off Publisher A who are still handling all my books.

4. Contact Publisher A again and try to wangle some kind of a deal. I am not sure the best way to approach this. Presumably other authors on their books aren’t under the same restriction. However, I do recognise that it is a stipulation in my contract and am asking for special dispensation in this one instance.

This was insanely long. Thank you if you got this far. I would appreciate any feedback at all on this one.

Definitely do not break your contract.

Apologize to the writer, thank them profusely for the generous offer to contribute, and explain that you are contractually unable to participate until [date] but when released at said date, you would love to contribute to any future boxed set things.

Then you do the boxed set thing your boss (pub A) offered, because $$$$$ is good, and they're your boss, and having them want to publish more of your stuff is always good too.

I understand wanting to do stuff with Famous Author, but it's not the end of the world that you can't actually do it. Eventually when your contract releases you, you CAN, and because they approached you I am sure they would be open to you for the next one. I cannot fathom how obeying your contract/boss (pub A) is somehow an "act of bad faith" against pub B. Pub A is your boss, and you are legally obligated to refuse pub B's offer.
 

amergina

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I agree with everyone, with one caveat: Make sure that the next contract with publisher A (like for the box set story) doesn't lock you in to not publishing under your pen name with anyone else for another year.
 

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It doesn't matter whether it's bad faith to go with one publisher or the other, or what you feel, or what you prefer.

You signed a contract. You agreed to very specific terms. You cannot now break that contract just because you want to.

You need to seek proper legal advice from an appropriately qualified lawyer. Do not depend on the advice you get from a random group of people you meet online.

I'm going to lock this now.
 
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