Right of Refusal - Time limit.

stray · Nov 18, 2011

I hope maybe somebody with contractual knowledge can help with this quick question. I put it in the Ask the Agents section, apologies if it should go elsewhere.
I've recieved an offer direct from an epublishing offer, and I'm a bit concerned about this here clause:

1. OPTIONS
The Publisher requires first right of refusal for subsequent works (according to the selection criteria outlined in the Submission Guidelines), by the Author, and undertakes to indicate such interest within 30 days of receiving the submission of such work from the Author.

Now, I'm happy to give the publisher 30 days to consider future novel-length works, but the way this options clause is worded seems a bit vague. The words undertakes to indicate. Does that mean they could legally sit on a novel for as long as they like, or could I shop it around after 30 days no response?

Any thoughts on this would be welcome.

shaldna · Nov 19, 2011

It means that if you write another book they get to consider it first. They have 30 days after you send it to them to make an offer or 'indicate interest'. Bear in mind that they can indicate that they want to make an offer, but the actual offer might be over the 30 day limit, hence the wording.

If they don't do either of those things then you can shop it around.

stray · Nov 19, 2011

Thanks Shaldna.

Right of Refusal - Time limit.

stray

shaldna

The cake is a lie. But still cake.

stray