Right of first refusal

balletomane

Registered
Joined
Oct 27, 2017
Messages
24
Reaction score
14
I published my first YA book (non-fiction) without an agent, submitting directly to a small but reputable publishing house. There's a clause in my contract giving them the right of first refusal on any subsequent work. My first book has done pretty well commercially, considering it has a fairly niche topic, and my editor and the rest of the team were lovely to work with. But I'm not sure they're the right publisher for my current project. I've written a YA novel that I know would be of interest to them, but I think I'd prefer to find an agent and try for a bigger publisher, as mine specialises in non-fiction and their fiction list appears to be just a small sideline. I'm worried they won't be able to market a novel as well as they marketed my last book. How binding is the clause on right of first refusal, as a general rule? Has anyone asked to be released from this without damaging their working relationship?
 
Last edited:

BenPanced

THE BLUEBERRY QUEEN OF HADES (he/him)
Kind Benefactor
Super Member
Registered
Joined
Nov 5, 2006
Messages
17,874
Reaction score
4,667
Location
dunking doughnuts at Dunkin' Donuts
That's impossible to say without knowing the exact details of the contract and since we don't/can't give legal advice here, you might need to consult an attorney.
 

cornflake

practical experience, FTW
Super Member
Registered
Joined
Jul 11, 2012
Messages
16,171
Reaction score
3,734
You need to consult a lawyer who specializes in contract law and literary issues.

Presumably, the clause is written correctly and is in a contract you signed of your own accord, so it'd be binding. A lawyer can advise as to the limits, etc.

You know your relationship with your editors and the house; we don't. I don't know how we could say how they'd feel about a request or negotiation or anything else really.
 

balletomane

Registered
Joined
Oct 27, 2017
Messages
24
Reaction score
14
Today I just bit the bullet and asked upfront. A reply came within hours. They were very pleasant about it and agreed with me that they wouldn't be the best people to market it. So I'm fine to submit to an agent and I have it in writing that it's OK to do so. :) I'm relieved and also excited. YA fiction is a new adventure for me.
 
Last edited:

KTC

Stand in the Place Where You Live
Kind Benefactor
Super Member
Registered
Joined
Mar 24, 2005
Messages
29,138
Reaction score
8,563
Location
Toronto
Website
ktcraig.com
Awesome! Good luck on the next steps moving forward!
 

Marissa D

Scribe of the girls in the basement
Super Member
Registered
Joined
Jan 22, 2011
Messages
3,071
Reaction score
365
Location
New England but hankering for the old one
Website
www.marissadoyle.com
Just to clarify...you always had the ability to query agents. First refusal means not subbing to other publishers before they've had a chance to look at it. And even if they'd offered, you would have been entirely in your rights to bring in an agent to negotiate the contract for you.

Good luck!