What to do?

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kokenlo

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Hi all, I don't want to get into detail on the content of my book here because it is not relevant, but hopefully this will still make sense. I submitted my non-fiction proposal on topic "A" to several publishers in June '06. I signed a contract with a publisher in Sept. and now am working on completing my manuscript.

Today, I received an e-mail from another publisher that said they like my proposal, but feel the market is saturated for topic "A." But, with my expertise, think I could shift my idea to write a book on topic "B" which is related, but a much different book.

I actually had considered writing a book on topic "B" awhile ago, but thought "A" had a bigger market. I have a file and several notes and planned for my next book to be on topic "B."

My contract with my publisher states that I must submit my next book proposal to them and give them 3 months to consider. Also, I cannot submit my next proposal until after my book is published (summer '07).

Here are my questions:
- Since this second publisher has made it clear that there might be a good market for topic "B", do you think my current publisher might be willing to go against contract and consider my next proposal before my first book is published? I'm sure they want to see how my first book does before investing further, however, I don't want to miss out on a hot topic.
- I don't want the second publisher to think I got the idea for topic "B" from them. I really did have the idea already. Should I tell them that? I am concerned if I end up publishing with my current publisher that they could later say that I got the idea from them. Probably wouldn't be that big of deal, but it just created a concern for me. And also, should I tell them that if my current publisher passes on it, I would be interested in working with them?

Just not sure on proper etiquette here. Thanks for your help!
 

K1P1

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kokenlo,

Honesty is always the best policy.

You should respond to the publisher interested in topic B and let them know that you've already got that topic under consideration, but are currently have a contract with another publisher who has an option on your next book.

Read your contract carefully. Does it say that you have to submit a proposal to your current publisher before submitting it to anyone else? My contract says they have the option on my next book and that if I receive an offer from another publisher, they have 60 days to match it and pick up the book themselves. If your contract says this, then you should be able to move forward with the second publisher, letting them know that the option with the first one exists. Then, if they offer you a contract, let your current publisher know and see if they want to make a counter offer. You may have your own auction and get a better deal on book B.

Then there's the more diplomatic option. Even if you don't submit a full proposal to your current publisher, there's nothing to stop you from mentioning to your editor that another publisher has approached you and ask if they'd be interested in accepting a proposal before the current book is completed so they can lock you into it. If you're happy with your current publisher, then this would be a good idea. Of course, if you turn out to be unhappy with the way they handle your current book (production, release, distribution, promotion, payment of royalties, etc.) then you won't know until too late. Still, it doesn't hurt to ask.

As to the charge of stealing the idea, look in your file and see if any of your documents are dated, or if you've got files on your computer where you can see the creation date. Document this in the file and you'll have evidence to the contrary if someone accuses you of stealing the idea. But keep in mind that ideas can't be copyrighted. Anyone can use an idea. It's the words on the page and in the computer, the expression of the idea, that is copyrighted. So, although you might be accused of stealing the idea, there's really no legal recourse against you.

Frankly, this is the kind of thing that agents are really useful for. When I found myself in discussions with three different publishers about three different books and each wanted an option on my next book, I went out and got an agent to deal with it. It was a great relief and now I don't have to worry about getting sued for breach of contract.
 
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kokenlo

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Maggie,
Thanks for the great advice. I think I will talk with my current publisher about considering book two early. I also think it is a good idea to seek out an agent. I don't want to mess up this great opportunity! Thanks again!
 

aarthurco

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Kokenlo, let us know how it goes! It is always best to talk with your publisher first because you are under contract. Let us know what they say, they may be more motivated because another publisher is interested. Honestly is ALWAYS best in book writing!
 

kokenlo

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I took Maggie's advice and responded to the second publisher- they were very kind and said they would love to take a look at my proposal if my current publisher passes.

I am holding off on talking to my current publisher until I get my current manuscript in to them, which is going to be within the next week or so. Then, I will probably wait a bit more and talk to them about topic "B."

Will let you know how it turns out!
 
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