Worst Contract |
Author: D.C. Eastman (---.dab.bellsouth.net)
Date: 05-13-08 08:44
Hey, published writers. What's the worst clause you've ever seen in your contract? We've seen some doosies in our time. One of the worst I've ever seen reads something like:
If, for any reason, at any time, before, during or after publication the __________Publishing Company determines that the subject matter is not suitable for _____________ Publishing Company's list, it will discontinue publication and require author to return, in full, all advances and royalties paid to that date.
Can you top that?
dce
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Re: Worst Contract |
Author: Ce Ce (---.clt.bellsouth.net)
Date: 05-13-08 16:49
Yeah. Any contract clause with the phrase "in perpetuity" is without question.
You don't want to give a publisher or agent ANYTHING in perpetuity.
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Re: Worst Contract |
Author: Ce Ce (---.clt.bellsouth.net)
Date: 05-13-08 17:00
"is without question bad."
Jeez.
Seriously, an edit or preview button!!
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Re: Worst Contract |
Author: Glen T. Brock (---.aep.bellsouth.net)
Date: 05-13-08 17:20
Hello folks,
Hidden in my next work clause was one line I'll never accept again. The publisher owns my characters, setting, and plot line. My first three books were published without much problem but my fourth was not only rejected but when I found a publisher interested in it my old publisher told me they didn't think so. Read the contract. That sucks.
Glen T. Brock
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Re: Worst Contract |
Author: D.C. Eastman (---.dab.bellsouth.net)
Date: 05-13-08 18:31
Glen
We've seen a contract like that. I was surprised to see how many have that clause in it. It's dreadful and tough to negotiate. The "in perpetuity" clause that Ce Ce mentioned is terrible, but it's easily negotiable or changeable if you've got the guts to do it.
We have one client who was so fed up with his last publisher, a biggie (it's not a book we represented), that he bit the bullet and bought all the rights back while it was still selling well. He's thus far made back all the money he's spent, and the book is still enjoying brisk sales, so it was a good call on his part.
Most publishers will try to get as much out of you as they can. It's up to you to take care of you. Read every word and negotiate, negotiate, negotiate. If you can't do it yourself, hire a creative properties lawyer who will do it for you. It's worth the money, believe me and will save you future monies and a lot of mental anguish later.
An alternative is to look at a great contract that a friend has with a publisher and use it as a guide to negotiating your own.
dce
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Re: Worst Contract |
Author: A.L. Sirois (155.91.28.---)
Date: 05-14-08 12:06
Glen, that sucks. You have my sympathy. This is how we learn the hard lessons. *sigh*
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Re: Worst Contract |
Author: Richard Aaron (---.sbm.shawcable.net)
Date: 05-20-08 10:54
I'm not sure what jurisdiction you're in, but in most English common law based jurisdictions---England, USA, Canada, Australia, etc, that clause would be void for a number of reasons. In fact, it's a no brainer. The clause would be booted out by a judge on a preliminary motion. Generally, the wackier a clause looks, the greater the chance than it's blown away.
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Re: Worst Contract |
Author: D.C. Eastman (---.dab.bellsouth.net)
Date: 05-22-08 10:08
Ask yourself: Is your time, blood and sweat worth negotiating? Best thing to do is insist that any odious clause be removed from the contract. Then there is no reason for lawsuits. Always remember, they asked you for your book, your brainchild. Negotiate. You'd be surprised how many publishers will back down if you sound like you're serious.
dce
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