professional courtesy?

Unimportant · Sep 18, 2006

I have a book in subgenre 1 contracted/published with publisher 1, and a future options clause. I have a book in subgenre 2, written long before I signed the contract with #1, that is not the kind of book #1 would publish anyhow. So I sent it to publisher #2. Publisher #2 asked if there would be any contractual problems via publisher #1 and I said no. So they requested the full ms, but they said that as a 'professional courtesy' they had informed publisher #1 that they'd solicited this ms.

Is this the norm? I felt it was a huge breach of privacy. Does anyone have experience with this?

cree · Sep 18, 2006

I have a future options clause with my publisher, and I guess I always (so far) write in the same genre, so it wouldn't have occurred to me to *not* honor my contract. Having said that, if I DID have an MS that is not Publisher One Material, I would have contacted Publisher 1 myself, as a professional courtesy. I don't think when you wrote the MS is relevant here.

Unimportant · Sep 18, 2006

Cree, are you saying I would be failing to honour my contract if I didn't send to publisher #1 all twelve of the books I had written before the book I wrote/submitted/got accepted?

cree · Sep 18, 2006

I just took a look at my own clause, because it had been so long..it talks about "next published work". So yes, for me, any unpublished materials I have that I seek to get published, are subject to my contract. When I wrote it is irrelevant.
It says Publisher has exclusive option to acquire next full-length work of fiction seeking to be published by Author. {Note: fiction....so if I wrote a NF, I see an out} Publisher has a period of # days in which to make an offer for that work, during which time the author shall not seek other offers.
There's alot more to it, I paraphrased, but to me the jist is that they get me first, and if we can't come to an agreement I go elsewhere. It doesn't matter if I wrote it in 1987 or 1897, it's when I'm taking it to the level of seeking to be published that matters.
But again, like I said in my first email, I write in one genre. You are talking about two different genres.
IF i were in that boat though, I would have at a minimum sent a note to my ed giving her the news. But maybe that's just the relationship I have with her, and others would scream "don't tell them anything!" So it's a hard thing. Maybe it's just me, but I want to maintain a fabulous relationship with my ed and publisher so they keep me as a horse in their stable.

Jamesaritchie · Sep 18, 2006

next book

cree said:
I just took a look at my own clause, because it had been so long..it talks about "next published work". So yes, for me, any unpublished materials I have that I seek to get published, are subject to my contract. When I wrote it is irrelevant.
It says Publisher has exclusive option to acquire next full-length work of fiction seeking to be published by Author. {Note: fiction....so if I wrote a NF, I see an out} Publisher has a period of # days in which to make an offer for that work, during which time the author shall not seek other offers.
There's alot more to it, I paraphrased, but to me the jist is that they get me first, and if we can't come to an agreement I go elsewhere. It doesn't matter if I wrote it in 1987 or 1897, it's when I'm taking it to the level of seeking to be published that matters.
But again, like I said in my first email, I write in one genre. You are talking about two different genres.
IF i were in that boat though, I would have at a minimum sent a note to my ed giving her the news. But maybe that's just the relationship I have with her, and others would scream "don't tell them anything!" So it's a hard thing. Maybe it's just me, but I want to maintain a fabulous relationship with my ed and publisher so they keep me as a horse in their stable.

Having the option to acquire doesn't mean you can't get a better offer elsewhere. This option means they get to see it first, and if they like it, will make an offer. But you still have the right to see if you can get a better offer elsewhere. If you do, however, the first publisher gets the chance to match that offer. Then the second publisher gets the chance to up the ante, back and forth.

It's only fair that a publisher have the chance to see your written work if it's in teh genre they handle, but you aren't a slave to them, and if they make an offer you have the right to tell them you want to look around for a better offer before saying yes or no.

But you really should have an agent handling all of this. It can get very complicated.

cree · Sep 18, 2006

Jamesaritchie said:
Having the option to acquire doesn't mean you can't get a better offer elsewhere. This option means they get to see it first, and if they like it, will make an offer. But you still have the right to see if you can get a better offer elsewhere. If you do, however, the first publisher gets the chance to match that offer. Then the second publisher gets the chance to up the ante, back and forth.

It's only fair that a publisher have the chance to see your written work if it's in teh genre they handle, but you aren't a slave to them, and if they make an offer you have the right to tell them you want to look around for a better offer before saying yes or no.

But you really should have an agent handling all of this. It can get very complicated.

James, you're right about the contract -- it does say all that. I just cut to the chase for the OP. It also says (Paraphrased) that i cannot accept an offer from another publisher on terms equal or less favorable than what Pub 1 offers.
But the initial time frame is for 'exclusive negotation' with Pub 1. After that, I can play the game if I desire. I wouldn't try to circumvent the exclusive negotiation, even if I deemed the work not something my pub typically publishes. Let them tell me no. I also am not trying to upgrade my publisher, like many writers. I just want to upgrade my contracts as I progress.
I'm one of those who got a publishing atty to deal with my contracts. Good or bad, that was the decision I made. Despite being a Rambo in a pinstripe suit, he did well enough when i was a new author. Now I'm considering a few agents, but i'm not being agressive about it. I'm not concerned about getting one, more concerned about getting the one that's compatible with my personality and vision. Some writers are desperate to "get" an agent. I'm looking for a good employee.

For the OP, I guess it comes down to what your contract says. Exclusive negotiation and right of first refusal - it's in the details.

Unimportant · Sep 18, 2006

An agent's not an option for me, as I write in a niche-market genre only handled by small presses that don't pay advances.

My options clause says "next works", which I thought meant "next created works". I made the first publisher aware very early on that I had several previous works completed, many of which were on submission elsewhere, and that seemed to be no problem. And in point of fact I did offer the publisher the work in question, and as expected was rejected since it's not the subgenre they publish.

What I object to is the fact that my submission information is being sent from one publisher to another without my permission. Is this normal practice between editors/publishers, Jamesaritchie?

cree · Sep 18, 2006

Unimportant said:
And in point of fact I did offer the publisher the work in question, and as expected was rejected since it's not the subgenre they publish.

OK, so now I'm catching up with you. Just now. Pub 1 rejected the very work in question, so you shopped it somewhere else...and the second pub called the first to chat about it? That sounds very strange.
Very strange indeed. And reason to be annoyed.
But I'll let someone who has experience in something like that speak up, since I have none - good luck.

Unimportant · Sep 21, 2006

As I mentioned up in the Bewares thread, Pub 1 then contacted me and did a Maria Callas act with all kinds of Dark Threats and Dire Warnings, such as if I dare publish with Pub 2 then Pub 1 will nevair, nevair touch my feeelthy work again, and no other publisher can compare to Pub1 so my reputation will suffer if I have books out with both publishers, etc. It was like watching a train wreck. I'm definitely not happy with Pub 1's massive control freak attitude, but after I got over being mad I couldn't help laughing hysterically.

professional courtesy?

Unimportant

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