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Contract never officially terminated

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Frog2

Member
What is the name of your state? NC


Hello, this is my problem: I was hired to illustrate a children's book for a publishing company in NY. Four months into the project, I was told to start over with a new style that was completely different than the style I had been using to begin with. Basically I was told to take it down from sophisticated, detailed compositions to extremely minimal 'baby' drawings. I had already had a lot of trouble with the president of the company 'changing her mind' during the course of a project, during the prior books I illustrated for the company, and I was not eager to "start over" after putting so much work into the style I'd started with, figuring she might keep "changing her mind" and never paying me, indefinitely. I received the initial payment, but had not gotten the second payment yet, which was due, since I'd completed the draft (three payments were expected altogether). In the meantime, my father died suddenly, and I put off dealing with the publisher due to the great stress surrounding the event. The president emailed me and told me to not "screw up" my relationship with her company (within a few weeks). At this point I contacted her via phone and let her know I was going through great stress and was not able to cope with having to start a book over and knowing four months of hard work had been wasted. She suggested we "scrap the whole project and start over with a new book". I told her, in a courteous tone, I would prefer if future contracts would allow for me to get paid for extra work if I were asked to "start over" mid-project. She sounded very upbeat, said she wanted to "help" me, and said she would call back in three weeks. She never called back, she never emailed, and around a year later I saw the book I had been working on had been published with another illustrator. The contract was never officially terminated.

Now I want to call the company and ask if they could possibly share a small portion of the royalties from a picture book I illustrated that has been very successful. I am concerned that the president still has something held over my head from the last contract, although I don't see how. That book (the one someone else ended up illustrating) was published in 2016. Could she "sue" me for taking too long to reply once she demanded I start over, at this point? Could she demand I return the original first payment, at this point? I am not sure how this works. All I know is there was no official termination in writing in any form, she just never called back or emailed after our last conversation.

I checked Glassdoor employee reviews and discovered that she treats all her employees in a consistently terrible manner, especially the competent employees, and that the company is "extremely dysfunctional", so that was a comfort, in a way.

By the way, I know that it is a very slim chance she will "share" royalties from the successful book. It would just make me feel better that I had at least tried asking.

Thank you for any advice.
 


quincy

Senior Member
What is the name of your state? NC


Hello, this is my problem: I was hired to illustrate a children's book for a publishing company in NY. Four months into the project, I was told to start over with a new style that was completely different than the style I had been using to begin with. Basically I was told to take it down from sophisticated, detailed compositions to extremely minimal 'baby' drawings. I had already had a lot of trouble with the president of the company 'changing her mind' during the course of a project, during the prior books I illustrated for the company, and I was not eager to "start over" after putting so much work into the style I'd started with, figuring she might keep "changing her mind" and never paying me, indefinitely. I received the initial payment, but had not gotten the second payment yet, which was due, since I'd completed the draft (three payments were expected altogether). In the meantime, my father died suddenly, and I put off dealing with the publisher due to the great stress surrounding the event. The president emailed me and told me to not "screw up" my relationship with her company (within a few weeks). At this point I contacted her via phone and let her know I was going through great stress and was not able to cope with having to start a book over and knowing four months of hard work had been wasted. She suggested we "scrap the whole project and start over with a new book". I told her, in a courteous tone, I would prefer if future contracts would allow for me to get paid for extra work if I were asked to "start over" mid-project. She sounded very upbeat, said she wanted to "help" me, and said she would call back in three weeks. She never called back, she never emailed, and around a year later I saw the book I had been working on had been published with another illustrator. The contract was never officially terminated.

Now I want to call the company and ask if they could possibly share a small portion of the royalties from a picture book I illustrated that has been very successful. I am concerned that the president still has something held over my head from the last contract, although I don't see how. That book (the one someone else ended up illustrating) was published in 2016. Could she "sue" me for taking too long to reply once she demanded I start over, at this point? Could she demand I return the original first payment, at this point? I am not sure how this works. All I know is there was no official termination in writing in any form, she just never called back or emailed after our last conversation.

I checked Glassdoor employee reviews and discovered that she treats all her employees in a consistently terrible manner, especially the competent employees, and that the company is "extremely dysfunctional", so that was a comfort, in a way.

By the way, I know that it is a very slim chance she will "share" royalties from the successful book. It would just make me feel better that I had at least tried asking.

Thank you for any advice.
I am sorry to hear about your dad's unexpected death, Frog2.

It sounds as if the publisher thought you wanted to cancel the contract when you said you were unable to start the book over with new illustrations.

I don't see that the publisher could or would sue you for return of the payments made to you because you provided her with the illustrations for the book as contracted.

Her deciding she wanted different, less detailed illustrations for the book is not on you. The change in style might have been at the request of the author, by the way, who might have envisioned a simpler approach to the drawings.

I doubt if you can expect to be paid royalties on your earlier book - despite its success - if your contract was for a flat fee.

I think you are smart to reword future contracts to include a provision on payments for "start overs."

I am sorry I didn't respond to your private message, by the way. I don't always check my messages and, even when I do, I rarely answer questions off the forum board. Thank you for posting your questions here.
 

Frog2

Member
Hello Quincy. Thank you for your advice! I am going to call the publisher, if there is no risk of the president lashing out at me concerning the never-officially-terminated contract. I know there is little hope, but perhaps something good might come of it. At least I will know once and for all that she has no intention of sharing the profits.
 

quincy

Senior Member
Hello Quincy. Thank you for your advice! I am going to call the publisher, if there is no risk of the president lashing out at me concerning the never-officially-terminated contract. I know there is little hope, but perhaps something good might come of it. At least I will know once and for all that she has no intention of sharing the profits.
Although it can be difficult for an author or illustrator to separate from a publisher relationship, if you are not locked into a long-term contract with your current company and you are unhappy with the way this publisher works, you might want to start exploring your options.

I also know some illustrators who have developed close relationships with authors and together they collaborate on several projects, presenting completed packages to publishers.

Good illustrators can be hard to find. Publishers know that good illustrations often can make the difference between the success or failure of a book.

Good luck.
 

justalayman

Senior Member
What is the name of your state? NC


Hello, this is my problem: I was hired to illustrate a children's book for a publishing company in NY. Four months into the project, I was told to start over with a new style that was completely different than the style I had been using to begin with. Basically I was told to take it down from sophisticated, detailed compositions to extremely minimal 'baby' drawings. I had already had a lot of trouble with the president of the company 'changing her mind' during the course of a project, during the prior books I illustrated for the company, and I was not eager to "start over" after putting so much work into the style I'd started with, figuring she might keep "changing her mind" and never paying me, indefinitely. I received the initial payment, but had not gotten the second payment yet, which was due, since I'd completed the draft (three payments were expected altogether). In the meantime, my father died suddenly, and I put off dealing with the publisher due to the great stress surrounding the event. The president emailed me and told me to not "screw up" my relationship with her company (within a few weeks). At this point I contacted her via phone and let her know I was going through great stress and was not able to cope with having to start a book over and knowing four months of hard work had been wasted. She suggested we "scrap the whole project and start over with a new book". I told her, in a courteous tone, I would prefer if future contracts would allow for me to get paid for extra work if I were asked to "start over" mid-project. She sounded very upbeat, said she wanted to "help" me, and said she would call back in three weeks. She never called back, she never emailed, and around a year later I saw the book I had been working on had been published with another illustrator. The contract was never officially terminated.

Now I want to call the company and ask if they could possibly share a small portion of the royalties from a picture book I illustrated that has been very successful. I am concerned that the president still has something held over my head from the last contract, although I don't see how. That book (the one someone else ended up illustrating) was published in 2016. Could she "sue" me for taking too long to reply once she demanded I start over, at this point? Could she demand I return the original first payment, at this point? I am not sure how this works. All I know is there was no official termination in writing in any form, she just never called back or emailed after our last conversation.

I checked Glassdoor employee reviews and discovered that she treats all her employees in a consistently terrible manner, especially the competent employees, and that the company is "extremely dysfunctional", so that was a comfort, in a way.

By the way, I know that it is a very slim chance she will "share" royalties from the successful book. It would just make me feel better that I had at least tried asking.

Thank you for any advice.
If another illustrator was used, why do you believe you are owed anything? If anything it would appear you breached the contract.
 

quincy

Senior Member
If another illustrator was used, why do you believe you are owed anything? If anything it would appear you breached the contract.
Frog2 has another book he illustrated.

It is the first, very successful book he illustrated where he has wondered about royalties. He was paid a flat fee ($3500) for the illustrations at the time.

He was advised on this in a previous thread.
 

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