• This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn more.
  • FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Possible Publishing Contract Dispute

#1
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:


#2
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.
 

quincy

Senior Member
#3
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.