Can a publisher do this????

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LMILLER111

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A friend of mine signed a contract that he thought was an "open ended" series contract. He was told that as long as he writes books they want, they'll publish them in the series. BUT my friend now, after three books, said he doesn't have any more ideas for the series, and feels it has run its course. He told that to the publisher and they said, "Oh no, you'll write them until we decide we don't want any more. If you write one we don't want to publish, you have to just write another one. And another, and another until you write one we do want. And you'll do it FOREVER!!!!!!."

No, this is not a joke. This is real. He was ignorant to sign such a thing, but he was just a 23 year old kid, basically, too excited with the prospect of being published to realize that what they were telling him, and what they were writing were two different things. Now they're basically saying they own him for ever.

Is this legal? Can someone do something like that? He's so upset about the whole thing he hasn't left his apartment for days and feels like they'll take legal action against him if he doesn't keep submitting manuscripts in the series.

It makes me sick. Just another reason to always, always, always have an agent, I guess.
 
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suki

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A friend of mine signed a contract that he thought was an "open ended" series contract. He was told that as long as he writes books they want, they'll publish them in the series. BUT my friend now, after three books, said he doesn't have any more ideas for the series, and feels it has run its course. He told that to the publisher and they said, "Oh no, you'll write them until we decide we don't want any more. If you write one we don't want to publish, you have to just write another one. And another, and another until you write one we do want. And you'll do it FOREVER!!!!!!."

No, this is not a joke. This is real. He was ignorant to sign such a thing, but he was just a 23 year old kid, basically, too excited with the prospect of being published to realize that what they were telling him, and what they were writing were two different things. Now they're basically saying they own him for ever.

Is this legal? Can someone do something like that? He's so upset about the whole thing he hasn't left his apartment for days and feels like they'll take legal action against him if he doesn't keep submitting manuscripts in the series.

It makes me sick. Just another reason to always, always, always have an agent, I guess.

He needs to consult a lawyer. Now. Before doing anything else.

No one will be able to give him any advice (nor should they) without seeing the contract, but he really needs a lawyer's advice.

In the meantime, look his publisher up, see if anyone else has dealt with this issue with them, and how that person resolved it - maybe someone else has already legally challenged the contact and won, so all he'd have to do is invoke that person's name and demand a release.

But he needs to get legal advice, and research the publisher to see if the contract is vulnerable.

~suki
 

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He told that to the publisher and they said, "Oh no, you'll write them until we decide we don't want any more. If you write one we don't want to publish, you have to just write another one. And another, and another until you write one we do want. And you'll do it FOREVER!!!!!!."
He'll write them or what? What are they threatening to do to him?
 

LMILLER111

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I know, right? I mean, I've heard of similar clauses where the publisher has the right to stop the series if the writer produces something they don't want to publish, but never did I think it would mean that they could say "Nope, we don't want that one, but you will write another one and if it's not better, you'll do it again and again until it is."

I've even heard of authors purposely writing a crappy book just to end a series in that way. But this kid is being told he can't do that, because if he does, he'll be forced to write another. Furthmore, he said, although the publisher didn't come right out and say it, that they insinuated that they could sue him for lost revenue if he fails to produce quality work that they actually want.

I mean Good God! So what? they sue and say, "if he would have produce 10 more books like the first three our company would have made millions. so that's what we're suing for!"
 

Sheryl Nantus

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There's something definitely off here - either your friend misread the contract or they're totally whack.

Again, get him to a lawyer. And tell him to write what he wants. They can't force him to write a series and the fact they think they can tells me more about the publisher.
 

suki

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There's something definitely off here - either your friend misread the contract or they're totally whack.

Again, get him to a lawyer. And tell him to write what he wants. They can't force him to write a series and the fact they think they can tells me more about the publisher.

He needs a lawyer before he does anything.

A non-compete clause could say he can't publish anything else while the contract is in effect, and it could say anything he write while the contract is in effect, they have a right to.

I'm not saying it would be legally enforceable, but he shouldn't assume this is unenforceable and do what he wants to see what they do.

Get him to a lawyer. Now.

And research the publisher. Now. To see if this contract is regularly challenged successfully.

~suki
 

LMILLER111

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Anyone can sue for practically anything. That doesn't mean they'll win.

The contract says that any legal disputes are to be held in the publishers town, and that is across the country from the author. Meaning it'll cost him thousands just to defend himself. I will convince him to consult a lawyer. For the time being, I've promised my friend I'd not name names b/c he's worried that doing so will just open him up to more confrontations.
 

Alitriona

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He needs a lawyer before he does anything.

A non-compete clause could say he can't publish anything else while the contract is in effect, and it could say anything he write while the contract is in effect, they have a right to.

Short of a search on his house for notebooks and computer records, how would the publisher or anyone know what he writes while the legal to get him out of this contract is ongoing? That's assuming he doesn't submit or publish any of it until he is free and clear.
 

kaitie

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This isn't PA is it? Sounds like their kind of wonkiness, and I know they have that clause about legal disputes in their contract. I haven't heard this specific one from them that I can recall, but the forum in the B&BC section here has a lot of information and advice. That might be helpful as well.
 

suki

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Short of a search on his house for notebooks and computer records, how would the publisher or anyone know what he writes while the legal to get him out of this contract is ongoing? That's assuming he doesn't submit or publish any of it until he is free and clear.

In the discovery phase of any litigation would be questions under oath about his writing, and likely an examination of his computer - and then meta data can't be totally manipulated.

I'm not saying he sits twiddling his thumbs. I am saying he needs a lawyer's advice now, so that he can best protect himself.

For the OP - venue selection clauses are common - he can consult any attorney who knows contract law well - and then go from there - a good attorney might put his mind at ease, or might be able to resolve it by correspondence. If it goes to litigation, then a local attorney would be needed, but the first step is to consult an attorney - but not just any attorney - someone who knows contracts, preferably literary.

But, again, I'd start by researching the publisher, and see if this is a commonly challenged contract - could save him time and money.

ETA: I will say, I'd be skeptical that a non-compete for all time, on all writing, would be very susceptible to legal challenge - ie, I'm skeptical they could keep him handcuffed to the contract for all writing forever - I just don't think that would be enforceable. BUT, he needs to make sure, not assume and then find himself down the road in a mess.

~suki
 
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Bubastes

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Yeah, something doesn't smell right here. Check on the publisher first (including here on the Bewares and Background Check forum), then consult an attorney if needed.
 
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Yeah, it sounds too ridiculous to be any kind of really scary. Definitely have your friend talk to a lawyer, but also tell him not to fret overmuch. It sounds like a lot of bark without the likelihood of bite.

Like a chihuahua. (Don't tell Haggis.)
 

LMILLER111

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I should say, also, that it's possible that it's all a big misunderstanding. He's talked to other authors who are up also mad, so it might have been something they said that set him off and then when he talked to the publisher maybe something was mentioned that he read into.

There is a clause for "Future committed works, and future uncommitted works" being required. I'm not sure what all that means though.
 

Alitriona

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In the discovery phase of any litigation would be questions under oath about his writing, and likely an examination of his computer - and then meta data can't be totally manipulated.

That is a very scary prospect for anyone, especially a young writer just starting out, and another example of why no one should ever sign something they don't completely understand.
 
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suki

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That is a very scary prospect and anyone, especially a young writer just starting out and another example of why no one should ever sign something they don't completely understand.

QFT on the bold bit.

Contracts are scary things. Even ones that seem "unfair" can be binding. And even if not binding, they can cause expensive messes.

No one should sign a contract related to their writing that they don't completely understand. If the writer isn't capable of understanding every clause, they need to find someone trustworthy who can explain it to them.

~suki
 

Cyia

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Is this a publisher or a book packager? Maybe your friend is misunderstanding that a packager can continue to put books in a series out, if written by different writers.

(No clue really, but this was the only thing I could think of other than the same idea that Katie had about PA.)
 

Calla Lily

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The contract says that any legal disputes are to be held in the publishers town, and that is across the country from the author. Meaning it'll cost him thousands just to defend himself. I will convince him to consult a lawyer. For the time being, I've promised my friend I'd not name names b/c he's worried that doing so will just open him up to more confrontations.

Bolding mine. This sounds exactly like PA.
 

Jamesaritchie

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So who is the publisher? All the new writers need to know.
 
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