Bad Experience Need Advice [contract question, pushy publisher]

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thenewbie

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Hi,

A few months ago I submitted my manuscript to a publisher. I had searched repeatedly but could never find any info on their contract terms, etc. After a month or so I received an email telling me they were interested and would like to offer a contract. I was told I would need to fill out some forms so they could draw the contract up. The forms involved promotional material, artwork, etc.

I filled this out and received the contract. It was several pages of legal info basically taking all rights to that book and anyother books I would ever write. The contract only required an electronic signature which involved typing my name in and submitting.

I declined the contract because I didn't feel it was for me. I sent a very nice email thanking them and moved on.

Out of the blue recently I got several emails from this publisher telling me I can't just walk away from this contract, etc, although I never signed it.

I'm not sure what to do now. I sent another email back telling them I am not interested and I never signed it, in fact I have screen shots of where I rejected it. They are pushing forward as if I have signed it. I have since received a contract offer with another company that is reputable. What do I do?
 
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mccardey

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Also, have you checked them out in the Bewares thread here? There might be some info on them. Don't panic, in any case. Someone here will probably be able to help you sort out what's going on. :Hug2:

ETA:
It was several pages of legal info basically taking all rights to that book and anyother books I would ever write.
I doubt they can have taken all rights to any other books you ever write...
 

thenewbie

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Yep I am in the USA but to broke to seek legal counsel. I never dreamed you could have someone in business doing something this dishonest and trying to force you into a contract that you never signed. The Bewares section was the first place I checked, but there is literally nothing informative about them anywhere.
 

thenewbie

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They contract said they get all your books unless you could prove to them that you had an offer from another publisher that would pay you more.
 

mirandashell

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There's a lot of Americans on this board and I'm sure one of them will be able to tell you where to get advice. Or at least point you in the right direction.

The reason I'm saying this is that this situation is not something a person without legal knowledge can advise on. I for one would not want to give you incorrect advice on this.

But don't panic. It's not the end of the world. Someone here will know you should talk to.
 

mirandashell

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Not a problem. Trust me, you're not the only one who's been in this situation. Sit tight.
 

jvc

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If there is a thread in the Bewares section then you should post your experience with this publisher in the thead. The regulars there may be able to give you some advice on the matter, or at least point you in the right direction. If there isn't a thread in the bewares section, then you should start one and explain what happened to you. Others may come forward who have had similar problems, or you could prevent someone else from getting involved with these people.
 

Sheryl Nantus

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If you never signed the contract I doubt they can hold you to it. If that were true there'd be a whole lot more lawsuits flying about.

Please consider posting in the Bewares section along with contacting Writers Beware. I suspect you may not be the first or the last author treated so shabbily.
 

heza

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Well, (but I am not a lawyer) I also don't think they can hold you to a contract before you were given the terms and signed it. Since you didn't sign it after seeing the terms, I really don't see how they would have a legal right to do this. There are a lot of "publishers" who are scam artists, though.

Out of curiosity, was there any language in the emails you passed back and forth or on the website where you got the submission details that implied submission to them, alone, gave them rights to your stuff?
 

thenewbie

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No, none. I did fill out the forms that I was told had to be filled out to prepare the contract. They give you no information regarding the contract terms until you do this. Of course I wouldn't have never agreed to anything without seeing the terms of the contract first!!!
 
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shadowwalker

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I would go see an attorney - the first consult is usually free or very cheap, and if s/he needs to send a letter on your behalf to straighten these guys out, I'm sure it wouldn't be a lot. They may even counsel you on how to write it yourself. (May want to check for free legal services available for low income - many counties have them.)
 

VGeary

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Check to see if your state bar has a website, then see if they have some kind of lawyer referral service. If they do, they might be help you find a lawyer for this particular issue. The initial consultation fee might be cheaper than just going to see a lawyer you pulled from the yellow pages. Oregon has such a program, but I'm not sure about other states.
 

amergina

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Please send mail to Writer Beware at beware(at)sfwa.org with all the details. They should be able to point you in the correct direction.
 

Cathy C

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Yep I am in the USA but to broke to seek legal counsel. I never dreamed you could have someone in business doing something this dishonest and trying to force you into a contract that you never signed. The Bewares section was the first place I checked, but there is literally nothing informative about them anywhere.

Were you aware that there are attorneys who VOLUNTEER their time to help aspiring authors and artists with this very kind of problem? I'd give you the link right now but I'm typing on my iPhone. Stay tuned, though. I'll post up the info in the morning when I'm at a keyboard. :)

Never fear! We'll get you to the right place to protect your interests.
 

Pyekett

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You guys are flat out amazing.
 

thenewbie

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Were you aware that there are attorneys who VOLUNTEER their time to help aspiring authors and artists with this very kind of problem? I'd give you the link right now but I'm typing on my iPhone. Stay tuned, though. I'll post up the info in the morning when I'm at a keyboard. :)

Never fear! We'll get you to the right place to protect your interests.


Thanks so much! I would really appreciate it.
 

victoriastrauss

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thenewbie--please contact me at beware [at] sfwa.org, and I'll be glad to give you what advice I can. I'm with Writer Beware, and it's possible that I may have gotten other complaints about this publisher--or, if I haven't, it certainly sounds like it should be on my warning list.

All information shared with Writer Beware is held in confidence.

Not having seen the contract, and knowing no more about the situation than you've posted here, you DO NOT have ANY obligations to a publisher whose contract you haven't signed--not even to respond to their nasty emails.

- Victoria
 

Cathy C

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You should definitely take Victoria up on her offer, if you haven't already done so. The SWFA Writer Beware program is one of the best author advocacy groups out there!

But here's the list of volunteer lawyers. Hopefully there's one near you (or at least they'll have information on how to reach someone near you.)

Volunteer Lawyers for the Arts - National List

Good Luck!
 

Jamesaritchie

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This is why an agent or an IP attorney is a Good Thing.

In the future, never sign anything, never fill out any forms, never do anything until and unless an agent or IP attorney says it's fine. If you don't know contract law, doing any of these things is hazardous to your career, and to your bank account.

I'd also strongly suggest you do not submit anything to any publisher that is not upfront and open about a contract. Good publishers do not hide this information.
 

thenewbie

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Thanks so much for this list. I will be getting right on it!
 

veinglory

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You never signed and so they have no claim on you. I suggest making a good record of every communication you ever had with them, and making it available to all good publisher watchdog blogs. The publisher will soon have bigger problems than trying to hijack your manuscript.
 

Chris P

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I have nothing to contribute but well wishes. And I document all correspondence I have with all publishers and magazines, a habit I got into when some stuff got nasty with my day job.

I can't believe anyone could hold you to that contract. It sounds like this is a bully vanity press. Was there any provision that you had to buy your own books or pay fees?
 
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