I want a different publisher for a sequel novel

your contract states that your current publisher has first option on the sequel to your book. if you write it, you have no choice but to give them first option. Your agent didn't tell you that?

and you didn't get one when you had an offer in hand?

That's too bad.

I think you're stuck, though.

Read your contract carefully. It's common for a publisher to get a first look on ANY second book, sequel or not. And if it is a sequel, you may not be able to place it elsewhere.(assuming another publisher would even be willing to take on a series started elsewhere, which isn't likely)

You need to let your current publisher see the sequel (because of your contract), but that doesn't necessarily mean you need to sell it to them...

However. I doubt another publisher is going to be interested if they didn't publish the first book in the series. Unless you can get your rights back for the first book and maybe sell it again to another publisher, to which you could also sell the sequel? How long is your contract for?

If we're talking about the Right of First Refusal clause in the contract, yeah like LJD said, you need to show the publisher the sequel (if the contract states sequel and not next novel or it's an Option), but they don't have to agree to publishing it... and then it's free.

To my understanding, changing the sequel to a standalone will break it free as well.

A few side notes:

As you've learned now, please do your research on agents and publishers so you don't get screwed over or don't end up liking them somehow.

If you didn't prior, try querying agents as they can help you negotiate problems and lead you to good publishers.

Search the forums for this publisher (Google custom search at bottom of page). If they have a thread, feel free to posts your experience with them to possibly warn others. If there is no thread on them, please create one with your experience. Do be professional, even behind a username.

As has been said, you do have to show your publisher the sequel if that's required by your contract. But that doesn't mean you have to sell it to them: it might well be that they just get the first opportunity to read and bid on it, but that you aren't obliged to take any offers they come up with. Read your contract carefully.

As for changing the names on your sequel and selling it elsewhere: this might be a bad idea. You'll have to change the book enough to completely separate it from your first, in which case why not just write a separate book?

Finally, do a lot of checking into your publisher now. Have other writers found legal ways to get out of their contracts, or to extricate themselves from this clause? That might be the case.

mlred said:

The current publisher owns the rights to the first novel for 20 years. It was published less than 6 months ago (but I am learning the publishing company is rather shady).

Click to expand...

If you're talking about the publisher I think you are, cut your losses now and move on. Write the next book and make it a standalone.

I'm not an agent, but I'd recommend checking and double-checking the Right of First Refusal clause. Read it over and make sure it's limited to the sequel and not your next work in X genre (my ROFR for example, was "next work in erotic romance"). Like others said, if you do have to submit, you don't necessarily have to accept an offer. You'll just have to tack on an extra 60 or 90 days (or whatever they now specify) for them to consider your work.

And yes, do go and check out the thread on this publisher in the relevant section. Please don't hesitate to reach out to other authors, either. Good luck on your next book.

Hi Mired--Sorry about your current situation.

I have a couple thoughts.

First, have you attempted to communicate with the people at the publishing house and discuss what you're unhappy with? Regardless of how "shady" the publisher is, they might be willing to address or fix some of the areas you're unhappy with. It can't hurt to ask/discuss, right?

Second, write what your passion is now and don't let this situation destroy your love of writing. So don't compromise on this sequel if it really is a sequel by changing characters, etc. I think that would be very frustrating for you, right?

Good luck with your next move!

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Hi Mired--Sorry about your current situation.

I have a couple thoughts.

First, have you attempted to communicate with the people at the publishing house and discuss what you're unhappy with? Regardless of how "shady" the publisher is, they might be willing to address or fix some of the areas you're unhappy with. It can't hurt to ask/discuss, right?

Second, write what your passion is now and don't let this situation destroy your love of writing. So don't compromise on this sequel if it really is a sequel by changing characters, etc. I think that would be very frustrating for you, right?

Good luck with your next move!

If your contract is standard, the publisher gets first look, but you can sell to someone else, if they outbid your current publisher.

This is one reason agents are so important. Few writers know enough about publishers and contracts to understand what to sign, and what to walk away from. Just the fact that the publisher owns the rights for twenty years is reason not to sign a contract, and an agent would have known this. My publisher owns the rights to my novels as long as the books are in print, and as long as they sell a certain number of copies each year. This is fine by me.

The truth is, you may be stuck. If you don't understand all the nuances of the contract, find someone who does and have them go over it. As much as I hate to say this, but some really bad publishers manage to sew you up tight with a contract, and sometimes the only way out of such a contract is to write a horrible book they won't want. The danger is that the publisher is so bad they'll publish it anyway. But it is sometimes the only way out.

I have a friend who essentially had to stop writing novels for three years to get out of a horrible contract. It's a long story that I won't go into, but that was the only way he could break the contract.

The best you can probably do is to take this as a lesson, and move on as soon as possible. Find an agent, study contracts yourself, and don't fall into the same trap twice.

I know it's really not part of the topic at hand but did anybody else look at the length of the contract and go ? Just me? I'm the only one?

I don't see any point in writing a sequel. You don't want to publish with this publisher again, and another publisher is unlikely to take on the sequel unless the first did phenomenally in sales. So take the book you've started writing and give it an overhaul so it's no longer discernible as part of the series (or even in the same universe as the series). And, for what it's worth, I think that entails a lot more than just changing the names of characters and locations. If anything looks the same, I'm afraid the shady publisher would try to give you some legal trouble over it.

If your contract does say that they only have ROFR on the sequel, then just wash your hands of them. If it's actually for the next book, show it to them and then withdraw it from consideration/reject their offer after the allotted period.

Then write a query for your new book and start looking for an agent before you approach any more publishers.