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Author Topic: help! - a real dilemma - decided not to comply with the book contract  (Read 1915 times)
mlevy
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« on: February 06, 2012, 05:56:43 PM »

Hi,
I have signed a contract with a decent publishing house to publish my book. I had sent my book proposal to a very prestigious publishing house as well before the contract and did not hear from them for a long time. Today I received a mail from that publishing house and the editor states that they are seriously interested in publishing the piece. What would happen if I annul the contract unilaterally? Do you have any experience as such? Do you think the publishing house would be tolerant if I try to explain the situation?   
Thanks for your thoughts and advice
M. Levy
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supersecret
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« Reply #1 on: February 06, 2012, 06:10:20 PM »

I don't know about the ethics of it, but it sounds pretty risky.  "Interested" does not mean they're actually going to publish it.
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mlevy
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« Reply #2 on: February 06, 2012, 06:13:43 PM »

Thanks supersecret,
Actually I was not thinking to do it immediately. I was asking about the situation if it is accepted.
 
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janewales
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« Reply #3 on: February 06, 2012, 06:19:12 PM »


I'm not quite clear on the details here. Does the publisher with whom you hold a contract actually have the book manuscript, or were you offered a contract on the basis of the proposal? And is the second press offering a contract, or is it asking to see the full manuscript before it makes a decision?
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pournelle
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« Reply #4 on: February 06, 2012, 06:35:39 PM »

The press where your book appears--especially your first book--can matter quite a lot. One of its primary functions will be to transmit your achievement to your actual and potential employers, the other will be to reach an interested audience. A more prestigious press can do both dramatically better than a less esteemed name.

So if the contract is nonbinding, I'd pull out of it if the higher rep press wants it.
If it makes you feel better reflect: they'd do it to you given the chance (bad reports, etc).

(I'm assuming a significant difference between the presses: cambridge vs cambridge scholars, not harvard vs stanford)
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mlevy
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« Reply #5 on: February 06, 2012, 06:49:18 PM »


I'm not quite clear on the details here. Does the publisher with whom you hold a contract actually have the book manuscript, or were you offered a contract on the basis of the proposal? And is the second press offering a contract, or is it asking to see the full manuscript before it makes a decision?


Thanks janewales.
The publisher offered contract upon seeing the proposal (but there were two published articles from the proposed book in prestigious academic journals as appendices to the proposal). The second press did not offer contract yet but as I said I have put two articles as samples and one of those articles was published in a journal affiliated with that press. And I think the editor mean it.   
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mlevy
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« Reply #6 on: February 06, 2012, 06:55:13 PM »

The press where your book appears--especially your first book--can matter quite a lot. One of its primary functions will be to transmit your achievement to your actual and potential employers, the other will be to reach an interested audience. A more prestigious press can do both dramatically better than a less esteemed name.

So if the contract is nonbinding, I'd pull out of it if the higher rep press wants it.
If it makes you feel better reflect: they'd do it to you given the chance (bad reports, etc).

(I'm assuming a significant difference between the presses: cambridge vs cambridge scholars, not harvard vs stanford)

Thanks pournelle,
I really appreciate your thoughts about where the first book comes from. Considering the contract, I have no idea if it is binding or not. But there are some 'getaway points' in the contract. The press has right to reject the full manuscript; it has to have a publishable quality.
I think there are significant difference between the presses. Please look at my pm.
thanks again for your advice.   
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snowbound
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« Reply #7 on: February 06, 2012, 07:13:29 PM »

I don't know the answer to your question, but my sense is that pulling out now wouldn't be nearly as bad as pulling out once they had accepted your full ms. They haven't put much work into it yet.  IN most cases, with a first book, if the proposal and sample chapter looks promising, the publisher will ask you send along the whole ms, which they will send out to a couple of readers for review. You could then expect to be asked to make changes recommended by the readers, and your ms would undergo a final review, it would be proposed to the Board, and you would only then get a contract.  That whole process is a considerable investment of time and effort for various people.

Your proposal sounds so promising to this publisher that they have offered you a contract with the ms. sight unseen--leaving the full reader-review process to later.  They will not be too happy if you reneg on the contract, but they have really not yet invested very much time or effort on it yet.

Maybe someone with more experience in the university press world can give you more informed advice.
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janewales
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« Reply #8 on: February 06, 2012, 10:30:09 PM »


It sounds like you have a contract based on a proposal, and have not yet submitted the full manuscript, is that right? Is the other press is interested in looking at the full manuscript? Has the first press given you a timeline? That is, is there a particular date when you are expected to submit the whole manuscript? I'm trying to get a sense here of where you are with press #1, and what exactly it is that press #2 has offered at this point.

Snowbound's right that there is a different level of investment involved in reviewing a proposal versus a complete manuscript. So, is anyone reading the whole manuscript right now?
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larryc
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« Reply #9 on: February 07, 2012, 12:37:08 AM »

Can you just stall on getting Press 1 on getting them the full MS until Press 2 makes a decision?
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mlevy
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« Reply #10 on: February 07, 2012, 07:13:02 AM »


It sounds like you have a contract based on a proposal, and have not yet submitted the full manuscript, is that right? Is the other press is interested in looking at the full manuscript? Has the first press given you a timeline? That is, is there a particular date when you are expected to submit the whole manuscript? I'm trying to get a sense here of where you are with press #1, and what exactly it is that press #2 has offered at this point.

Snowbound's right that there is a different level of investment involved in reviewing a proposal versus a complete manuscript. So, is anyone reading the whole manuscript right now?

Press 1 has offered contract based on proposal and sample chapters. I will submit the full manuscript in 3 months or so. Press 2 states there will be decision on the proposal and sample chapters and the editor tells they are seriously interested in it. I know it is a bit confusing; what I wanted to ask was whether I could leave the contract with Press 1 if the Press 2 would offer a contract. 
Thanks
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mlevy
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« Reply #11 on: February 07, 2012, 07:14:25 AM »

Can you just stall on getting Press 1 on getting them the full MS until Press 2 makes a decision?

larry it is a good idea if I could leave the contract without any problem. that is what I was asking.
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promovenda
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« Reply #12 on: February 07, 2012, 09:39:02 AM »

bookmarking.
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"You're a wonderful bartender, Promovenda.  The hamster bestows one of his special nibbles on your ear."
janewales
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« Reply #13 on: February 07, 2012, 11:06:28 AM »

Can you just stall on getting Press 1 on getting them the full MS until Press 2 makes a decision?

larry it is a good idea if I could leave the contract without any problem. that is what I was asking.

If you mean will there be legal consequences to leaving your contract, then I would imagine it would be very unlikely; unless there is real money involved, the press doesn't stand to lose much at this point, should you pull out of a contract (of course, in the unlikely event that you received an advance, you would need to return it).

You should be prepared, though, for the press to be unhappy with you. There may be no material consequences to that unhappiness at all, or it may be that the editor will be reluctant to work with you in the future, should you ever wish to do so. You can't really know the answer to that question in advance.
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