Conflict of interest?

heatheringemar · Oct 4, 2007

So, I just got a short story accepted at a different publisher from the one I've been submitting to, and a lady I know who also writes asked me if that was a conflict of interest. She seemed pretty concerned about it.

I don't think it is, because there were no options for my next work. (Plus, all my pieces so far have been stand-alone)

Am I right? Am I free to accept the new contract with the new publisher? Or is she right? Is there some other wording I need to watch out for?

Provrb1810meggy · Oct 4, 2007

I'd say you're right, but I've never had the opportunity to have a conflict of interest. *pout* I mean, it's business after all, and if it's following your contract, then I'd think you could go for it.

wordmonkey · Oct 4, 2007

I would at least send your previous publisher a note to let them know.

Even if you're gonna go with the new publisher anyways, you can give the older one the option to bid on your new piece. And if you don't want to let them bid (since they have no legal right to do so) nicer to find out from you than to see you published somewhere else.

Never hurts to play nice with folks. You never know when you might need them again. And even if you never need them again, manners and goodwill make the world a nicer place anyways.

That's my 2¢. Probably over priced at that!

Judg · Oct 4, 2007

These are for short stories, right? In magazines? How on earth is that a conflict of interest? You are free to shop any story you like to anybody you like.

Popeyesays · Oct 4, 2007

Well, if Stephen King decided to jump publishers, he would have every right to do so.

So do you.

You are a contractor, not an employee.

Regards,
Scott

Redhedd · Oct 4, 2007

For short fiction I'd be shocked spitless if there was anything at all in your contract about an option on future works. It's pretty much well understood that writers of short fiction submit and sell to a wide variety of publications. This is not the same thing at all as being under contract to a publisher for a book or books.

I mean, really, no one expects you to ONLY try to sell short stories to one and only one publication. That's just insane! Maybe this lady doesn't realize that you're talking about short fiction??

Jamesaritchie · Oct 4, 2007

Publisher

With novels, it's not a conflict of interest in any case, but it all depends on what your contract says. Most contracts have a "first refusal" clause, which mean you must let the first publisher look at any new work before you can show it to anyone else.

If your contract has no such clause, there's no problem.

If it does have such a clause, you can still shop around for a better offer, but the first publisher has the option of meeting that offer, and if they do, they get the book.

With short stories, you can submit any story to any magazine you like. Period.

Redhedd · Oct 4, 2007

Popeyesays said:
Well, if Stephen King decided to jump publishers, he would have every right to do so.

So do you.

You are a contractor, not an employee.

Well, here you're more likely talking about novel-length work, so there's a good probability that there's some sort of option clause in his contract, which means he would not necessarily have every right to do so.

Popeyesays · Oct 4, 2007

Redhedd said:
Well, here you're more likely talking about novel-length work, so there's a good probability that there's some sort of option clause in his contract, which means he would not necessarily have every right to do so.

He's writing short stories--same difference. He's free to market his stories whereever he likes if there is no contractual obligation, and he says there is not.

Regards,
Scott

CheshireCat · Oct 4, 2007

Option clauses for novels run the gamut from a release of option (you don't owe the publisher even a look at the work), to a look-see, first refusal option (you have to show it to them first, and they're required to respond within a specified timeframe), to a matching offer option (you can't accept a lesser deal than the one they offer), to a better offer option (if they can't offer a better deal than another publisher has on the table, they give up all rights to the work in question).

Every contract I've ever signed for novel-length work has included a first-refusal option clause. In the early years, the clause spelled out that if they offered a deal I didn't like, I couldn't accept a lesser or even matching deal from another publisher. Now the clause states that if I do get a better offer (after my publisher has put their best one on the table), they still get the chance to match it.

The "deal" by the way, includes more than the advance for the book or books. Another publisher might sweeten the deal by offering higher royalty rates, or various bonus clauses, or other items the original publisher doesn't feel comfortable matching.

In any case, if the "option clause" specifically declines to define any first-refusal terms, then you're certainly free to submit, and sell, elsewhere.

I know a number of writers under contract to different publishers; all the option clauses are spelled out carefully so that the writers promise to a publisher only what they want that publisher to consider for publication.

stormie · Oct 4, 2007

Firefingers is talking about short stories. I've had several accepted by different magazines, and even more essays. One magazine likes my work so much, they ask to see more. I don't always stick with them. It depends on pay and if I can get more exposure or if it's a better fit at another magazine. And I write in a variety of genres. (I mean, horror stories and religious essays, using my exact name, even....)

Don't worry.

heatheringemar · Oct 4, 2007

Wow, thanks for all the wonderful replies!

Yes, I am referring to short stories (and novellas), but they are e-published (ebooks), so I guess that makes the whole contract agreement thing more like that of a novel.

Thanks again!

Conflict of interest?

heatheringemar

lurking behind that corner..

Provrb1810meggy

wordmonkey

ook

Judg

DISENCHANTED coming soon

Popeyesays

Now departed. Rest in peace, Scott, from all of us

Redhedd

Demon Wrangler

Jamesaritchie

Redhedd

Demon Wrangler

Popeyesays

Now departed. Rest in peace, Scott, from all of us

CheshireCat

Mostly purring. Mostly.

stormie

storm central

heatheringemar

lurking behind that corner..