Selling different novel rights to two publishers consecutively?

onipar · Aug 11, 2010

This may be more of an "ask the lawyer" question, but I didn't know where else to post this.

Here's the deal:

I have signed a contract with one publisher for my novel. They purchased The trade paperback and signed hard cover rights for limited print runs.

While this deal went through, an old query came back to me from a different publisher wanting to see more of the novel (50 pages).

I am unsure of how to proceed, mainly because I don't know if it's okay to have two publishers purchase different rights at the same time. For instance, if this second publisher wants to purchase only the e-rights (which the first publisher left on the table).

I'm assuming there would be an issue with when the second publisher is allowed to actually publish the book, having to come some time *after* the first print runs? But there doesn't seem to be anything about that in the contract I signed.

Any advice is greatly appreciated. Should I just tell the second publisher I'm unable to proceed at this time?

Thanks!

DeleyanLee · Aug 11, 2010

Me, I'd get an agent--Preferrably one who is a lawyer or has one on staff--and not send anything to the second publisher until I can talk to someone who knows the business.

If it's cool, then let the agent navigate those waters on my behalf. That's more than worth the percentage they'd collect.

onipar · Aug 11, 2010

Thanks, DeleyanLee. I'd prefer to go that route as well. I did try to get an agent just to negotiate my contract (when I got the first one), but no one bit. Probably because it's a small publishing house and there isn't much green to be made.

leahzero · Aug 11, 2010

No. Do not tell the publishers anything. You need the advice of a legal professional.

Like DeleyanLee said, this is part of what an agent can do for a writer--negotiate contracts and employ legal counsel.

You can query agents and let them know that you've already sold the X and Y rights for your novel, but you're looking for assistance selling the Z rights.

If you don't want to go through an agent, then at the very least, you need a lawyer's guidance.

scope · Aug 11, 2010

If you can't get an agent-the absolute preferred way to go-I don't see what choice you have but to hire a literary rights attorney. Not cheap to do, but I don't see how you can proceed with the second publisher without knowing the facts.

Chris P · Aug 11, 2010

Yeah, get an agent or consult an intellectual property attorney who can tell you what's what.

Of course be honest with the second publisher, and see what they say. They might withdraw their interest if they know you've already signed, or maybe they'll be interested in the rights the first publisher didn't.

onipar · Aug 11, 2010

Thanks everybody. Yeah, I send out four or five queries to agents, looking specifically for someone to help negotiate the contract. But I only got one negative response and the rest didn't reply.

I'm not sure I'd have any better luck now, but I guess it's worth a shot.

Thanks again.

DeleyanLee · Aug 11, 2010

Ah--call them. Explain your situation. Get the answer up front. If the answer is no, call another one.

Then you can make a decision about what you want to do.

Paranormal_Writer · Aug 11, 2010

DeleyanLee said:
Ah--call them. Explain your situation. Get the answer up front. If the answer is no, call another one.

Is it wise to call agents when querying though? I've heard a lot of agents get annoyed by this.

Giant Baby · Aug 11, 2010

Paranormal_Writer said:
Is it wise to call agents when querying though? I've heard a lot of agents get annoyed by this.

Usually, yes. And where the first deal is already signed, it's still a little iffy, but I think it's a grey enough area that it probably wouldn't be a tremendous faux pas.

onipar · Aug 11, 2010

Hmmm, I would be a little worried about calling agents for this, especially with one contract already signed and the other publisher only interested in a 50 page partial at the moment.

These are both really small houses. I mean, the one deal I already have is for a *very* limited print run at 10% royalty with no advance. We're talking--at the very best--$2,000. And that's if I sell out, which I'm sure I won't.

I don't expect an agent to really be interested in such slim pickings. And so far, none have been.

I guess my other option is to send the 50 pages and see what happens. They may not even be interested anyway. And if they are, I can try querying agents again--*maybe* placing a call or two--to help negotiate a contract.

That's probably the best bet at the moment.

scope · Aug 11, 2010

You say, "send the first 50 pages and see what happens".

IMO, doing this without the approval of a literary rights attorney is dangerous. You have no idea what you are spawning. Sure, right now the publishers are small, but that's not the issue. The issue is not to do anything that will tarnish your career.

onipar · Aug 11, 2010

It's a good point, Scope. But to be honest, without the ability to get an interested agent to check on this, and without the money to hire a lawyer, I'm more likely to respectfully decline to send the 50 page partial, citing a prior commitment.

You know what, I think I'm better off going that route anyway. I don't want to cause trouble for either publisher, and you're right, without knowing what I'm doing, it's dangerous to proceed.

I guess I can still try to get an agent willing to take a look at this, but I seriously doubt any one would considering the money involved.

Anyway, thanks for all the input on this. I won't be moving forward without advice from an agent if I can get it.

Old Hack · Aug 11, 2010

What rights, specifically, did the first publisher license from you?

Donna Pudick · Aug 12, 2010

We had a situation where two houses offered publication at the same time. Both contracts were sent, and the author and Gloria went over both of them. We told both publishers of these offers. One publisher simply made a better offer and the author signed with him. We respectfully declined the other offer.

In another contract, the publisher wanted only the e-rights and gave the author permission to shop the book as print. However, sales of the e-book were so swift that the publisher decided to offer it in print, thus sending the author a new contract for both print and e-rights.

In a third example, we had an offer of print (hardcover) and e-rights from one publisher and an offer to buy the paperback rights from another. Each offer required a separate contract. Everyone was kept informed and everyone was happy.

My advice to you is to wait and see what the second publisher says. If there's an offer forthcoming, you must be totally honest with both publishers and tell each of them what has happened.

onipar · Aug 12, 2010

Thanks, Donna. Yes, I never had any intention of hiding the truth from either publisher. In fact, to make the story shorter, I left out the part where the second publisher requested 4 chapters (prior to this 50 page request).

At the time, I had a draft of a contract from the first publisher. I sent the sample four chapters, explaining in the cover letter that I was about to sign a contract.

In this new request, they didn't make mention of this at all. The trouble is, the contract changed in between. At first only the special edition HC rights were being purchased. But now, the trade paperback and signed HC rights are being purchased.

Donna Pudick · Aug 12, 2010

Was there anything in the contract about subsidiary rights?

Gloria has a mantra that she recites every time she sees a contract. "If it is not written in the contract, it is not going to happen."

Keep that in mind with any contract you read. I've never heard of a contract changing in between drafts, unless the author requested a change and the publisher agreed. It's not SOP for a publisher to change a contract before the author has any input, and the author should never sign a contract until it's exactly how s/he likes it.

In sample 2 above, the publisher sent a new contract to the author when she decided that she wanted to buy the print rights, too.

In example 3, there were two publishers and two contracts. One publisher bought the hardcover and e-rights, with no other rights; the other publisher bought the paperback rights and subsidiary rights. Everything was spelled out, word for word, as to which publisher had which rights.

onipar · Aug 12, 2010

Donna, yes, everything is spelled out. Besides specifically requesting only the trade paperback and signed HC rights (of the specific print runs), there are two other clauses that specifically state that I retain all other rights (and which they are), including e-rights, film, audio, mass paperback, etc.

The change in the contract was nothing underhanded on the publishers part. They asked my permission first, and for my input. The only change was in the rights requested. Royalties and everything else stayed the same. It wasn't as if they changed it without my having signed off on it.

Selling different novel rights to two publishers consecutively?

onipar

Horror Writer

DeleyanLee

Writing Anarchist

onipar

Horror Writer

leahzero

The colors! THE COLORS!

scope

Commonsensical Maverick

Chris P

Likes metaphors mixed, not stirred

onipar

Horror Writer

DeleyanLee

Writing Anarchist

Paranormal_Writer

Nearly always write!

Giant Baby

Oh, the humanity.

onipar

Horror Writer

scope

Commonsensical Maverick

onipar

Horror Writer

Old Hack

Such a nasty woman

Donna Pudick

onipar

Horror Writer

Donna Pudick

onipar

Horror Writer