Geez, I go away for the weekend and you all go crazy on me! I love it. And I thought I’d hit a hot button when I got 6 comments on a post. But we’ve set an all-time record here. And my hit stats are through the roof. Thank you.
A lot of the comments were tangential to my post, and that is just fine. But they did bring up a good question:
What do you do if you’re really unhappy with your publisher but you’re locked into a contract?
I wish the LDS publishing industry was big enough to support agents. An agent’s job is to negotiate with the publisher in YOUR behalf. They are the Doberman whose job it is to protect YOU. Good agents “get” the legal talk found in contracts and can predict how that language will effect you, given various scenarios. They also work with attorneys who specialize in publishing contracts. A competent agent won’t let you sign something that is patently unfair or detrimental to your long-term career.
But we don’t have agents because the industry is too small and so authors are left to fend for themselves. Many LDS authors think that since they’re dealing with LDS publishers they will automatically be treated fairly and honorably, as our religious tenets demand. Many times (I would hope, most times) they are. Sometimes they are not. To be safe, smart authors will have an attorney who is familiar with the publishing industry review their contract before they sign them.
If it’s too late for that and you’re really unhappy with your publisher and your current contract, the first thing you do is try to re-negotiate your contract in a professional manner. Most publishers are reasonable people. If you’ve sold well for them, they’re more likely to work with you to come to some mutually acceptable agreement.
If they’re resistant to your attempts, perhaps you can find another author within the same company who has successfully negotiated their contract and have him/her mentor you. Or find another author who has successfully broken or nullified their contract with your publisher, and discover how they did it.
If you’ve really exhausted all your options for peaceful negotiation, and you’re sure you’re being reasonable* and the publisher is a tyrant and just won’t budge, contact an attorney. Many in the LDS culture are hesitant to sue but if that’s your only recourse then seriously consider it–especially if you’ve been a productive, well-received author and this contract is effectively ending your career. Find a good attorney who specializes in contract law and who has some experience in the publishing industry.
Since ROFR was specifically mentioned, let me say that most ROFR clauses, like most non-compete clauses in the rest of the business world, are unenforceable. Legal ROFR clauses must be reasonably limited by time and/or number of books and/or genre. If yours is not, seek legal help. You may be able to force them to delete the ROFR or the judge may nullify the entire contract. If you know other authors who have that same clause in their contract and are equally upset over it, you might have grounds for a class action suit.
However, a word of caution. If you are not the reasonable one, even if you succeed in breaking your contract with your publisher, other publishers might be leery about signing you. You might want to speak with a couple of other publishers to see if: a) their contract is different; b) they are outraged at the terms of your contract or at least think you have a legitimate complaint; and c) they’d be willing to take you on when you get out of your current contract.
*You have a reasonable complaint if their ROFR commits you to more than two years and more than the next two books. You are unreasonable if you think you should get 20% royalties, or a 50 city book tour paid for by the publisher, or that they will accept your next manuscript without edits, or…