Hachette sues Seth Grahame-Smith for part of advance

amergina · Aug 29, 2016

In the past, discussions about advances have come up and there's a lot of talk about the false claim that an advance is a loan, etc. which is bunk. If you fulfill your contract, the publisher can't take back your advance, even if the book tanks.

However, if you DON'T fulfill your contract... they can move to reclaim the funds. Which is what's happening between Hachette and Seth Grahame-Smith.

I first saw this on Publisher's Marketplace, but Locus also reported on it, so I can include a link that's not behind a paywall:

http://www.locusmag.com/News/2016/08/hachette-sues-seth-grahame-smith/

Seth Grahame-Smith, author of Pride and Prejudice and Zombies and Unholy Night (among other titles), is being sued by Hachette Book Group for breach of contract. The publisher is suing to recover the $500,000 (plus interest) they paid for a book they allege the author never delivered.

The gist of the complaint is that Grahame-Smith signed a contract with Hachette for two books. Hachette paid 1 Million to Grahame-Smith upon signing (500,000 for book one and 500,000 for book two). Book one was delivered and published (The Last American Vampire in 2015) but Hachette never saw book two. It was originally due on June 3, 2013, but he got an extension to October 1, 2014, and another to April 1, 2016.

April 1 came and went and no manuscript, and three years after the original due date, Hachette moved to terminate the contract, but gave Grahame-Smith an additional sixty days to hand in a manuscript.

What he handed in was “in large part an appropriation of a 120-year-old public-domain work” and not what they'd agreed book two would be about.

So they want their money back. Apparently, Grahame-Smith isn't keen on giving it back though.

PM does have a PDF of the lawsuit available for download (which I've read...it's where I got the extension dates from). There's a link to it in the Locus article. (Also, if you want to see what a big-5 contract looks like....)

The moral of the story is... turn your book in and turn in something vaguely resembling what you promised your publisher, you know?

BenPanced · Aug 29, 2016

Sean Connery wasn't able to complete a draft of his memoirs by deadline, so he returned his advance (when asked for a comment, he replied, "Oopsh. Sho shorry.")
Joan Collins delivered a completed novel manuscript to her publisher. They decided they couldn't publish it, even with edits, and demanded her advance be returned. She refused and was sued by her publisher. The judge ruled she'd held up her end of the bargain by providing the manuscript within the agreed amount of time and since there was no provision on how publishable it had to be, she was able to keep the advance.

amergina · Aug 29, 2016

In this case, there was language in the contract about the content of the manuscript (I'm gonna guess that publishers started including language about mss content after the Joan Collins suit because of that suit)...

lizmonster · Aug 29, 2016

My agent told me, basically, "don't spend the money until the book is out." I haven't missed a deadline yet, but I do take that advice to heart.

BenPanced · Aug 29, 2016

amergina said:
In this case, there was language in the contract about the content of the manuscript (I'm gonna guess that publishers started including language about mss content after the Joan Collins suit because of that suit)...

Considering she was sued by Random House, I'm guessing your guessing is correct.

Introversion · Aug 29, 2016

amergina said:
The gist of the complaint is that Grahame-Smith signed a contract with Hachette for two books. Hachette paid 1 Million to Grahame-Smith upon signing (500,000 for book one and 500,000 for book two). Book one was delivered and published (The Last American Vampire in 2015) but Hachette never saw book two. It was originally due on June 3, 2013, but he got an extension to October 1, 2014, and another to April 1, 2016.

That must be some hellacious writer's block! :e2drown:

jjdebenedictis · Aug 29, 2016

Introversion said:
That must be some hellacious writer's block!

Or the onset of a mental or physical health issue, or the onset of an addiction (the sudden influx of a million dollars could mess a person up).

James D. Macdonald · Aug 29, 2016

Hmmpf. They don't mention which 120 year old PD work he used. Dracula is 119 years old and might be what they meant -- no other vampire novels came out that decade that I'm aware of, at least in English.

Introversion · Aug 29, 2016

Yeah, I was wondering about the possibility on Sudden Wealth Onset Syndrome too.

jjdebenedictis · Aug 29, 2016

Introversion said:
Yeah, I was wondering about the possibility on Sudden Wealth Onset Syndrome too.

Taxes take 33%, agent takes 15%, spread it out over 4-ish years... It was a nice sum, but depending on how the author chose to live, the money may be running out right about now.

amergina · Aug 30, 2016

Honestly, I think that million from signing was a drop in the bucket for Grahame-Smith. This is the guy who wrote Pride and Prejudice and Zombies and Abraham Lincoln, Vampire Hunter, NYT best-selling books, and both of which weren't just optioned for films, but actually filmed. (and I think he directed one of them)

He's also producing the remake of Gremlins and also of It (you know, that book by some guy named King)... and is/has been involved in a number of other film and television productions.

Filigree · Aug 30, 2016

From what I remember of interviews wiith him around the time P&P&Z released, he came across as an insufferable fraternity dudebro. I doubt the latest fracas was writers block. Probably more a case of him thinking he could get away with delaying what was a low prority item for him. He's already leveraged his notoriety.

jjdebenedictis · Aug 30, 2016

amergina said:
Honestly, I think that million from signing was a drop in the bucket for Grahame-Smith. This is the guy who wrote Pride and Prejudice and Zombies and Abraham Lincoln, Vampire Hunter, NYT best-selling books, and both of which weren't just optioned for films, but actually filmed. (and I think he directed one of them)

He's also producing the remake of Gremlins and also of It (you know, that book by some guy named King)... and is/has been involved in a number of other film and television productions.

Then it sounds like he was busy and flat-out didn't deliver on a contract. This isn't the c.v. of a guy who lost himself in the bottle.

Layla Nahar · Oct 11, 2016

lizmonster said:
My agent told me, basically, "don't spend the money until the book is out."

I'm taking it to heart, in case my agent (in case I get one...) forgets to remind me.

veinglory · Oct 11, 2016

I see the "payback" myth as relating only to released books not earning well enough. I mean, is an advance on royalties for a book not even written even really an advance?

amergina · Oct 12, 2016

veinglory said:
I mean, is an advance on royalties for a book not even written even really an advance?

Well, from personal experience, it's still called an advance even when you haven't written the book. So yes?

In my case, it was paid in stages (part on signing, part on mss delivery and acceptance, and part on publication) but I received money before they had the book in hand, and yes, it was an advance against future royalties that the book (yet to be written) would earn.

The contractual deal is that I had to write the book and turn it in and have it accepted by the publisher. They give me part of my advance in good faith that I'll do that. And they have every right, had I not turned in the book, to ask for it back.

Hachette sues Seth Grahame-Smith for part of advance

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