1. PaulD
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    PaulD New Member

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    Can anyone help re a problem publisher?

    Discussion in 'Publishing' started by PaulD, Nov 7, 2012.

    Hi. I don't know if this is the place to ask this sort of question but my story is as follows....

    I signed a contract with a small-time publisher in March 2011 for them to publish my first book "within 12 months of receiving the acceptable manuscript unless it is unable to do so, due to reasons beyond its control. If there is such a delay, the date of publication shall be discussed and agreed with the Author."

    In summer 2011 I was told it would hopefully be out by Christmas 2011. This time last year I was told that that had proved impossible but it would be out "as soon as possible" in 2012. In May/June 2012 the edited version was finally agreed ready for publication and I was shown the cover design. I was then told in June 2012 that it would be a September/October launch. I have today been told it will now be Easter 2013. This is after a year of what I consider to be evasive behaviour on their behalf in which voice messages go unanswered and email reminders ignored until eventually a non-committal response turns up.

    If the book was a novel, or a biography of Queen Victoria, then perhaps it would not be such an issue but it is in the form of a diary/journal of events that took place from August to November 2010 and as such is less relevant and harder to sell with each passing day.

    I wish to publish this myself now and also to seek some kind of reimbursement for both potential direct loss of earnings and prejudicing future earnings as a result of me not now being a published author as I was supposed to be.

    I have told them today, by email, of my intention to carry out the above actions as I hold them to be in breach of contract. Does anyone have any experience or advice? What I want to avoid is any possibility of being counter-sued should the self-published book be in any way successful as they have done absolutely nothing to help.

    Many thanks in anticipation of any advice that any member can give me.
     
  2. JamesOliv
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    JamesOliv Senior Member

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    When you start getting into matters of contract law and concerns regarding litigation you need a lawyer.

    Any advice we give you would be anecdotal and likely further muddy already murky waters.
     
  3. mammamaia
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    mammamaia nit-picker-in-chief Contributor

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    too true!... you need to be asking a literary attorney...

    in the meantime, did you pay any money to this 'publisher'?

    what is in the contract re non-performance and your right to consider the contract null and void?

    i can tell you pretty definitely right now, from my decades of experience, that you won't get anywhere going after damages for 'potential earnings' as those are nil to negligible, for new and unknown writers and especially one who's trying to get an autobiographical diary published... it would be different, if you were famous for some reason, but since you don't seem to be, you'd be spending a lot of attorney's fees for naught, if you go that route...

    feel free to email me for help with a letter to the miscreants that can at least get you out of the contract and free to publish elsewhere...

    love and comforting hugs, maia
     
  4. psychotick
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    psychotick Contributing Member Contributor

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    Hi,

    Most important of all - read the contract you signed and look at the clauses in depth. Check if there are any get out of Dodge clauses and any exceptions to them before you do anything else.

    Cheers, Greg.
     
  5. Thumpalumpacus
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    Thumpalumpacus Contributing Member

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    I'm no lawyer, but that clause reeks of bunkum.
     
  6. JamesOliv
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    JamesOliv Senior Member

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    True. It is a clause about nothing.

    "We will do this thing unless we don't" doesn't really offer much protection.
     
  7. johann77
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    johann77 Member

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    Steer away from those who want you sign a life long contract.
     
  8. swhibs123
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    swhibs123 Active Member

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    1234
     
  9. Dagolas
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    Dagolas Banned

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    Sounds like they are tricking you.
     

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