+ Reply to Thread
Results 1 to 3 of 3
  1. #1
    Join Date
    Sep 2017
    Posts
    1

    Possible Publishing Contract Dispute

    What is the name of your state (only U.S. law)? Georgia

    I live in Georgia but my problem is with someone in Mississippi. I signed on June 01, 2017 with a publishing company to have my book published in September 2017 (no exact date of the month was decided). It's customary for the book to be edited before release, and for the editor to remain in contact with the author. August came, and I'd still not heard from anyone in the company.

    I emailed the owner, and he said it would now be released in November and that he would be editing the book, and he'd contact me when he started work on it. It's now the middle of September, and no word from him yet. And no new contract was signed. Since the contract stated it would be released in September, and they didn't live up to their contractual obligations, would I still be obliged to stick with them?

    In the contract, it did state that they had the rights of it for a year from either the signing or the release date, I don't recall which. If I wanted to take the rights back, I would have to pay a kill clause, which would be $500. They claim that's because they don't want to edit a book and have someone cancel, thus making their work in vain. I understand that, but since they haven't even started work and didn't keep their contractual obligations, would I have to keep up my end and pay the kill clause?

    Thanks to anyone who can answer this.


    Last edited by chrismackey; 09-13-2017 at 05:24 PM.
  2. #2
    Join Date
    May 2017
    Posts
    1,192
    You wrote "they had the rights of it for a year from either the signing or the release date" which one is really going to matter.

    Also what "rights" does it say they have?

    If the owner is going to do the editing himself this must be a pretty small company especially if they are only going to charge you $500 to kill the contract. If you aren't happy that is likely what you should do. It would likely cost more to have a lawyer look over the contract.


  3. #3
    Join Date
    Jan 2007
    Location
    Michigan
    Posts
    29,262
    Quote Originally Posted by chrismackey View Post
    What is the name of your state (only U.S. law)? Georgia

    I live in Georgia but my problem is with someone in Mississippi. I signed on June 01, 2017 with a publishing company to have my book published in September 2017 (no exact date of the month was decided). It's customary for the book to be edited before release, and for the editor to remain in contact with the author. August came, and I'd still not heard from anyone in the company.

    I emailed the owner, and he said it would now be released in November and that he would be editing the book, and he'd contact me when he started work on it. It's now the middle of September, and no word from him yet. And no new contract was signed. Since the contract stated it would be released in September, and they didn't live up to their contractual obligations, would I still be obliged to stick with them?

    In the contract, it did state that they had the rights of it for a year from either the signing or the release date, I don't recall which. If I wanted to take the rights back, I would have to pay a kill clause, which would be $500. They claim that's because they don't want to edit a book and have someone cancel, thus making their work in vain. I understand that, but since they haven't even started work and didn't keep their contractual obligations, would I have to keep up my end and pay the kill clause?

    Thanks to anyone who can answer this.
    What you can and can't do is outlined in the contract you formed with the publisher.


+ Reply to Thread

Similar Threads

  1. Need help with book publishing contract
    By PaperbackWriter in forum Business Contracts and Franchises
    Replies: 0
    Last Post: 02-09-2009, 10:34 AM
  2. no signed publishing contract
    By juneausdad in forum Copyrights & Trademarks
    Replies: 0
    Last Post: 06-03-2005, 06:34 AM
  3. publishing contract
    By ricaroon in forum Copyrights & Trademarks
    Replies: 1
    Last Post: 02-07-2002, 02:57 PM
  4. Publishing contract
    By Beverly T in forum Consumer Contracts, Guarantees and Warranties
    Replies: 2
    Last Post: 04-03-2001, 09:21 PM
  5. Publishing Contract
    By Boler in forum Consumer Contracts, Guarantees and Warranties
    Replies: 2
    Last Post: 01-13-2001, 02:41 PM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© Since 1995 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.