Right of first refusal

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I know what it is, but not how long a publisher has to exercise it. With contracted works, it seems to be in the 60 - 90 day range.

In my situation, I have a mms at a publisher. No contract, but a contest rules list that at least implies they'll look at the winner and some of the other top entries. No timeline in the list, either. I don't want to push and
possibly ruin a good thing, but I also don't want to keep the mms there forever, especially if they've passed on it and didn't tell me.

August 19 will have been 90 days. Should I give them another month or so after that, before I politely call and ask?
 

agentpaper

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I'm not sure which contest this was, but I'd check to see if they state how long the exclusive is for on their rules page. In my contract, the right of refusal is 60 days, FYI. So, you're probably good to nudge at least. I wouldn't call, though.

Are you allowed to look for an agent in the meantime? Or are you waiting to see if they make an offer and then take the offer to an agent?
 
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Thanks, agentpaper. One problem is that they don't specify how long they have to look at the mms. They ask for right of first refusal. They ask that I not submit my mms to a third party, directly or indirectly, until the first publisher has had to opportunity to make an offer or refuse.

I take it that means I can't submit a full to an agent until I know what the publisher is doing. But I'm not embarking on this process unagented, whether it's with this publisher or another. And my eventual agency is going to need time to become familiar with a 138K mms, to know if they want to take it on. So I should have partials out there, right now, to capitalize on my luck.

Of course, I'm thrilled that I got this far, with a mms that I'd effectively tanked last December. And this publisher is one of my favorites. I'm hoping they get back to me with a simple yes or no by mid-September, so I can plan my next move.
 

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Since they basically have your work tied up, I'd definitely email and ask.

Sending lots of good luck your way! :)

(Fwiw, in my contract, the right of refusal is 30 days).
 

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My last email, as of July 18, was to the editor who'd initially contacted me,
with news of another contest honorable mention that had bearing on the first mms. No answer, but I know she's incredibly busy.

I don't want to email-bomb her or any other editors there. I'm hoping they won't disqualify me for seeking agents at this time, especially with only queries.
 

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In my contrac the right of first refusal is only on works that would be sequels or pre-quels of the novel under contract, also it is clearly stated that they get 60 days if not then I can do with it as I please.

A contest? I have no idea, if they don't specify, and it's been 90 days, I'd just say go ahead and e-mail them. Just be super polite. I don't think you can do much more then that.
 

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Oops! I lied. The right of refusal IS only 30 days. So, yeah, I still think you're well within your right to nudge. Also, good luck! I hope it all works out!
 

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Almost everyone I've ever submitted to has exercised the right of first refusal immediately. The few who didn't soon exercised the right of second refusal.

caw
 

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You could contact the organisers of the competition, perhaps, and ask them to nudge the editor concerned.

Have you researched the publisher? Are you sure that it's one you'd love love love to be published by? If not, then it would be worth your time doing that now, I think.
 

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I would love to have my work offered by this publisher, but not without a strong agent beside me. While venerable and famous, this publisher has a history of spitting out and sidelining authors who drift away from their editorially-approved climate.
 

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I would love to have my work offered by this publisher, but not without a strong agent beside me.

If publication is part of the prize for this contest you might not have the right to negotiate the contract.

While venerable and famous, this publisher has a history of spitting out and sidelining authors who drift away from their editorially-approved climate.

Do you mean that this publisher has a history of refusing to work with writers who refuse to have their work edited? Because I see nothing wrong with publishers editing, so long as it's done thoughtfully; and I see a lot wrong with writers refusing to allow their work to be spruced up.
 

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We'll see what happens. The contest guidelines are rather vague, so I might be 'allowed' an agent.

The issue with this publisher is not writers refusing to be edited -- that's part of publishing in general, and the reason why one wants a great editor.

No, what happens is that writers want to try something new and different, and the editors want to see more of the same tropes, and so the writer sinks into the midlist or simply doesn't get another contract. It's happened over the last two decades to at least five writers, one of them a World Fantasy Award winner. The current editor is pretty cool, but I still worry about the company history.

There are other issues on my side, stemming from my long-term plans for the story arc that starts with this mms. It may not be the best publisher, for the whole story.
 

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The issue with this publisher is not writers refusing to be edited -- that's part of publishing in general, and the reason why one wants a great editor.

No, what happens is that writers want to try something new and different, and the editors want to see more of the same tropes, and so the writer sinks into the midlist or simply doesn't get another contract. It's happened over the last two decades to at least five writers, one of them a World Fantasy Award winner.

Ah, I get it now. Thank you for the clarification.

(And yes, having worked as an editor I do kind of understand why a writer would want a good one. Ha!)

I'm still not sure that what you describe is a reason to be wary of this publisher. Publishers, imprints and editors work in very specific genres: they have expertise in those genres, but not so much in others. And that's at the centre of this issue.

I don't read much SF/F but every time I read a SF book it seems ground-breaking and wonderful to me. A more hard-line SF reader might read that same book and think that it's derivative and predictable: but I wouldn't know, because I don't have expertise in that area. Do you see where I'm going with this?

If a writer decides to move to a different genre then their publisher often has no choice but to stop publishing them, because the books wouldn't fit with their existing, established imprint and so the editors wouldn't have the appropriate expertise to work with them. Yes, editors often do want to see "more of the same tropes": but that's usually to do with the realities of genre publishing, and not because editors want predictable, safe books.
 

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This was a legendary in-genre conflict, between several editors who didn't know how to save a nearly-moribund publisher from following a founding editor to the grave, and five to ten Titans of sf&f who wanted to try something different.

The publisher saved itself with some bloody hard work from new editors, acquired some amazing authors (and a couple of really lucrative tie-in franchises), and most of the writers found other venues.

But people like me, who've been reading sf&f since the mid-70's, keep a wary eye out for publisher politics, even from the publishers we adore. And we hope to find agents who do the same.