Offer of Contract from Publisher for 3 Works but...

captkirk12 · Feb 21, 2017

Hopefully this isn't the wrong place to ask; if so I apologize and if someone can point me to the correct location I'd appreciate it. I searched for a similar thread but didn't see one with the answers I needed.

I submitted to a publisher and received an offer of contract for my manuscript within days. During the email exchange I was asked about a series and replied yes, it is a series. Now I've received a contract for the entire series. I submitted to another publisher, told them of the contract offer, was offered a contract by them, as well. I had also submitted to a third publisher; told them of the first contract offer and they're still interested and have expedited their review.

So, I'm unagented and have a contract in hand, waiting on two others. I would like an actual agent to look at this and say, "This seems reasonable." I would obviously pay a fee for a review. I had read that some agents do this and was wondering if this is a good idea or if anyone out there has any other recommendations for how to move forward. If this were one book I might not be so concerned but it's the entire series and I don't want to sign something this important without a little more knowledge or guidance.

Thanks in advance for any helpful comments.

Marissa D · Feb 21, 2017

A literary attorney would be a better bet at this stage of the game; trying to find an agent you like and work well with under these circumstances would be tough--and you don't want to be tied (via this contract) to an agent with whom it turns out you don't mesh.

captkirk12 · Feb 21, 2017

I have nothing but rejections on this manuscript from agents, so I know no agent would represent me on it and I'm not trying to get representation. I had hoped to simply pay a fee and get a 'good contract' or 'bad contract' review after reading that was an option (probably a strange, not-often-used option, but still). I had considered an attorney but I live in a rural area so the odds of finding someone nearby that practices anything other than farm law are zero. I suppose I could search for someone online, though. Thank you for the suggestion, I will try to look into it.

cornflake · Feb 21, 2017

Have you checked out these publishers yourself, like in the bewares forum?

I agree what you're looking for is an atty; agents don't generally do what you're asking (take a flat fee to look over a contract -- they represent you when negotiating a contract [among many other things] for a percentage of your earnings).

Siri Kirpal · Feb 21, 2017

Sat Nam! (Literally "Truth Name"--a Sikh greeting)

Some agents will do a review for a flat fee. Tell them upfront you have an offer of publication.

Blessings,

Siri Kirpal

captkirk12 · Feb 21, 2017

Yes, I've checked out all three publishers and have found nothing negative about them. One is a smaller e-publisher but I've read of several agents making deals with them, one is newer and smaller but still has a good rep, and the third (the one who sped up their review) is larger and well-known. No red flags on any that I've found.

I never really got an opportunity to negotiate anything because I wasn't ever given terms or information or anything, just an offer of contract and asked if my email address where it should be sent. I said yes, assuming there would be more to it but I received the contract today and...that was it. The contract, please sign and initial. I was planning on asking for time to review since the other publisher isn't through with their review. Maybe I can find an attorney who will take a look.

captkirk12 · Feb 21, 2017

Thank you, Siri. I had tried to contact a couple of agents but no word back, and I did tell them I had the contract in hand.

ElaineA · Feb 21, 2017

If you haven't yet, I'd start doing some Googling about the ins and outs of literary contracts while you're waiting for the 3rd publisher to get back to you. (I totally understand the desire to have someone offer knowledge or guidance, but, like you, I had publisher interest but not agent interest, so I had to do some cramming.)

There's quite a lot of info online. Susan Spann is a literary attorney/author/blogger who frequently writes about contract terms and issues on her blog, and at Writers In the Storm. She also tweets weekly about specifics of publishing law issues under the hashtag #publaw that tie in to that week's PubLaw blog post on her site. Then there's Victoria Strauss who blogs frequently about publishing bewares. The British Author's Guild has some online advice as well (applicable to Americans as well.) You can't get in-depth assistance from them without being a member, but they have some more general online resources available. I also accessed a reasonably good overview document put out by the ABA (American Bar Assn). Again, nothing in-depth, but informative for my purposes negotiating on my own with a publisher.

Even if you get an attorney or agent, it's in your best interest to understand standard publishing contract terms and language, as well as know what rights you should and shouldn't sacrifice and what kinds of predatory clauses tend to show up in publishing contracts. (Same as knowing and understanding any contract you sign, even if you have an assist.)

ETA: Just saw your reply. It strikes me as a bit odd that they'd just cold-sent you a contract if you didn't make an informal agreement with them. (Companies don't necessarily like their contracts floating out there for public consumption.) If they did, there's no reason for you not to say you'll need some time to review the contract. I think, as a courtesy, they should have known you were submitting to other publishers as well. (I can't tell from your original post if the first publisher knew of your subsequent submissions to 2 more publishers. I could be misunderstanding, and if so, do ignore me.)

Don't rush. If they like you now, they'll like you in 2 weeks.

captkirk12 · Feb 21, 2017

Thank you for the links and additional information; I have bookmarked and will start studying. I agree, I should educate myself to at least a rudimentary level of understanding. I honestly thought I'd just have a little more time.

I never made any kind of informal agreement. I submitted my manuscript and synopsis; the next day I received an offer of contract (with the question of, "Is this the address to where we should send the contract?"). I honestly thought it was a mistake, or spam, or a hacked account, so I emailed and received a reply back questioning series potential. And I never said I wasn't submitting to other publishers and they never asked. I just kept thinking they would send terms or other information, like this is the editor that liked your book or this is some information about our marketing or anything at all but, nothing. So, I was surprised to receive a contract for the series with just sort of an assumption that I'd sign. I did reply back and ask if they had a deadline because I needed time to review but haven't heard anything just yet.

I'm definitely not going to sign anything or rush in.

Marissa D · Feb 21, 2017

It's not necessary to meet with a literary attorney in person--it can all be done online. Author Laura Resnick has a list of reputable ones on her website: www.lauraresnick.com/writers-resources/#literary-lawyers

captkirk12 · Feb 21, 2017

Terrific! Thank you for the link, Marissa!

cornflake · Feb 21, 2017

captkirk12 said:
Thank you for the links and additional information; I have bookmarked and will start studying. I agree, I should educate myself to at least a rudimentary level of understanding. I honestly thought I'd just have a little more time.

I never made any kind of informal agreement. I submitted my manuscript and synopsis; the next day I received an offer of contract (with the question of, "Is this the address to where we should send the contract?"). I honestly thought it was a mistake, or spam, or a hacked account, so I emailed and received a reply back questioning series potential. And I never said I wasn't submitting to other publishers and they never asked. I just kept thinking they would send terms or other information, like this is the editor that liked your book or this is some information about our marketing or anything at all but, nothing. So, I was surprised to receive a contract for the series with just sort of an assumption that I'd sign. I did reply back and ask if they had a deadline because I needed time to review but haven't heard anything just yet.

I'm definitely not going to sign anything or rush in.

That... really does not sound like something a legitimate publisher would do -- offer a contract a day after receiving a ms. This sounds kind of super sketch to me. I hope they're legitimate but there are a bunch of red flags here. Be wary.

Old Hack · Feb 22, 2017

This all sounds hugely dodgy to me. Good publishers don't offer contracts for books from unknown writers. Especially not for full series of books, which might not yet even be written. I'm sorry, but I would be extremely wary of any publisher which did this, regardless of the quality of the book on offer. Especially if this book has been widely submitted to agents and has not been offered representation.An IP attorney can tell you whether a contract is legally enforceable, but won't tell you if it's to your advantage or not, nor will they negotiate a contract on your behalf to improve it and so they are no substitute for an agent. Tread very carefully. Do a LOT more research into these publishers before you proceed. If there aren't threads about them in our Bewares room (check the index), start one. I understand it's exciting to be offered contracts but in your position I would be backing slowly away.

CameronJohnston · Feb 22, 2017

Uh, offering a contract only a day after receiving a manuscript sounds incredibly sketchy to me. They certainly shouldn't be offering multi-book contracts before they've even had time to read the first manuscript. It may be legit I guess, but take great care with that one. I have my fingers crossed it's all legit!

I would scrutinise those contracts, and pay special attention to their reversion of rights clauses. Worst comes to the worst you can back out if you have a decent reversion clause.

Old Hack · Feb 22, 2017

The more I think about this, the more convinced I become that there's something shonky going on here. OP, if you'd like to tell me via PM, in confidence, of course, who the publishers are I'll be happy to tell you if I know of anything dodgy about them. It all just seems a bizarre way for publishers to work, and I'd hate for you to get burned.

EMaree · Feb 22, 2017

Yeah, I'm very concerned about this too.

I have nothing but rejections on this manuscript from agents, so I know no agent would represent me on it

Taking you at your word on this, and assuming you've had no full requests or close calls with representation, I really find it unlikely that you'd find yourself immediately offered contract by three publishers you consider reputable. Agents and publishers are in the same industry, and they share very similar goals of wanting well-written books that lots of readers will buy. Why would their opinion on the work differ so hugely?

(This isn't a slight on you as a writer, it's just an unfortunate reality about the business.)

The multi-book deals without reading the full submission is another huge red flag, as is the fact you're being offered a multi-book deal at all -- a lot of publishers would wait to see how the first book sells before committing.

I notice you don't mention an advance. I'd be very curious what sort of rights these publishers are grabbing, and on what terms. For every right they claim (eg print, e-book, audio, TV, film) make sure they have a track record in using those rights well.

Assuming you're in America, I've heard good things about this book "Closing the Deal" on common author contract considerations. Be wary, though, as some of the reviews indicate a bias against trade publishers. It's no replacement for an agent or literary attorney, but it might help you familiarise yourself with some contract basics.

AW Admin · Feb 22, 2017

captkirk12 said:
Hopefully this isn't the wrong place to ask; if so I apologize and if someone can point me to the correct location I'd appreciate it. I searched for a similar thread but didn't see one with the answers I needed.

I submitted to a publisher and received an offer of contract for my manuscript within days. During the email exchange I was asked about a series and replied yes, it is a series. Now I've received a contract for the entire series. I submitted to another publisher, told them of the contract offer, was offered a contract by them, as well. I had also submitted to a third publisher; told them of the first contract offer and they're still interested and have expedited their review.

So, I'm unagented and have a contract in hand, waiting on two others. I would like an actual agent to look at this and say, "This seems reasonable." I would obviously pay a fee for a review. I had read that some agents do this and was wondering if this is a good idea or if anyone out there has any other recommendations for how to move forward. If this were one book I might not be so concerned but it's the entire series and I don't want to sign something this important without a little more knowledge or guidance.

Thanks in advance for any helpful comments.

That's a little odd. I'd check the publisher out; you can email Victoria Strauss at Writer Beware and see what she knows.

There's also an FAQ about literary contracts.

Undercover · Feb 22, 2017

Yeah, I agree with the others about the red flags. And for them to turn around and email you the contract. It took 3 weeks for my publisher to draw up a contract. And they want the whole series? Like someone else mentioned it doesn't sound like there's an advance either.

Have you read the contract yet? They're not asking for money I hope.

the bunny hugger · Feb 22, 2017

I think that before delving in the details of the contract you look at the reputation of the publisher and what they will be able to achieve with your book. If the unanswers are 'terrible' and 'a handful of sales', further research is not needed.

captkirk12 · Feb 22, 2017

To all those who replied since last night, thank you for the responses. Everything you've stated (from it being incredibly strange to offer a contract after 24 hours to the three-book offer without a tested first book) lines up with all of my initial feelings it.

But, I have emailed an author with this publisher who had positive things to say about them and seemed generally pleased with them. I've researched them on the forums and haven't found anything negative. They're involved with RWA, attend conferences with other industry professionals (agents, publishers, editors, who are well-known), etc.

They are not asking for money. I know better than that and would have spammed it immediately.

No advance has been offered. They are grabbing for all rights, everything from digital to print to radio, TV, movie, dramatic, etc. I received the second contract from another totally different publisher and it was shorter but similar; the first publisher's contract was more detailed. The term isn't excessive, in my opinion. There is a long section on reversion of rights - but I'm very new on the forum and I'm not sure what I can and cannot say, to what extent, etc.

As far as no offers of representation from agents, I queried four or so last year but received quick, automated rejections that they weren't looking for that particular subgenre. I gave up; I realize most continue trying but I write agent-repelling query letters so I thought perhaps with publishers my manuscript might stand on its own.

I *think* potentially what might be spurring things on with these publishers is that I received an offer of contract from a well-known epublisher who happened to go out of business recently. Not exactly an 'offer' since they're going out of business but, 'we loved this and would have offered a contract if..." they weren't closing.

I might be totally wrong though. Anyway, thank you all for your suggestions, alarms, etc. I'm definitely paying attention to your advice and, honestly, would be fine turning all of them down and just writing for myself at this point.

*And I think I've done something to the background color on this but can't figure out how to fix it so sorry for all the gray.*

captkirk12 · Feb 22, 2017

P.S. The publisher that is closing gave me a really positive, glowing recommendation after keeping my manuscript for three months and having two reviewers go over it. So, I know I haven't written War and Peace but it isn't completely undeserving.

the bunny hugger · Feb 22, 2017

Okay so if you are satisfied by their reputation, how about their sales volumes? Amazon rank and BH's "Show me the Money" give some indications.

Marissa D · Feb 22, 2017

"Show Me the Money" would be author Brenda Hiatt's survey here: http://brendahiatt.com/show-me-the-money/traditional-publisher-survey/

Old Hack · Feb 22, 2017

captkirk12 said:
To all those who replied since last night, thank you for the responses. Everything you've stated (from it being incredibly strange to offer a contract after 24 hours to the three-book offer without a tested first book) lines up with all of my initial feelings it.

For you to get a contract for three books after only submitting one, and in such a short space of time, is dodgy. No two ways about it.

As far as no offers of representation from agents, I queried four or so last year but received quick, automated rejections that they weren't looking for that particular subgenre. I gave up; I realize most continue trying but I write agent-repelling query letters so I thought perhaps with publishers my manuscript might stand on its own.

Sending out four submissions is nothing. I got an agent recently after only sending out about 18 submissions, and I was astonished. You gave up way too soon.

The problem is that if you've now sent it out to a lot of publishers you've made it impossible for an agent to work effectively for you.

How many publishers have you already submitted the work to? If you've sent it to only two or three, STOP. Send it out to agents instead.

I *think* potentially what might be spurring things on with these publishers is that I received an offer of contract from a well-known epublisher who happened to go out of business recently. Not exactly an 'offer' since they're going out of business but, 'we loved this and would have offered a contract if..." they weren't closing.

I might be totally wrong though. Anyway, thank you all for your suggestions, alarms, etc. I'm definitely paying attention to your advice and, honestly, would be fine turning all of them down and just writing for myself at this point.

*And I think I've done something to the background color on this but can't figure out how to fix it so sorry for all the gray.*

What should be spurring things on is that it's a very good book, not that a closing publisher liked it.

I would stop doing what you're doing and reconsider. Think about what you want, and how you want to proceed. Then work out how to get there. Don't allow yourself to be hurried because you've got an offer from a publisher. Plan. Treat yourself and your work with respect. You can do this.

LJD · Feb 22, 2017

I think I've got a pretty good guess at the publisher in question based on what you've said... Anyway, if you want to PM me, I am fairly familiar with romance publishers.

Offer of Contract from Publisher for 3 Works but...

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practical experience, FTW

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practical experience, FTW

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Such a nasty woman