Writing Blog Number 2

20240605 Leaving Contracts

Leaving Contracts

I have looked at agents and publishers, what to look for, what to avoid, etc. However that leads us to this series of WdC questions:
What to do if you don't like your agent and when to jump ship
Same as above with your publisher
What to do if you disagree with your editor/publisher

Okay, first and foremost, if you’ve signed a contract and there is no “out” clause, then you are stuck. Contracts are legally binding, and if you signed one that did not give you (or the publisher/agent) an “out”, then that is, unfortunately, on you.

That is something else about Hybrid Publishers – often they do have “out” clauses (it makes them look legitimate), but these often do not come into play until six or twelve months after the contract starts, so disgruntled writers are stuck with them – including having to pay them over and over – until then. Sneaky, but also perfectly legal.

If in these situations, a lawyer is your only recourse in the USA.

Otherwise, you need to abide by the way of getting out of a contract through the legal system open to you through the terms of the contract.

Publishers can be awkward to get out of a contract with. First point of recourse, to my mind, would be to discuss your issues. It might be marketing, it might be covers, it might be editing, but make sure you are clear, concise, not too emotional, and not at all abusive/obnoxious or passive-aggressive on your communications.
         You might think that goes without saying, sure, but in the heat of the moment, with your “baby” (your work) on the line, sometimes it is not always the case.
         The reason publishers are harder to break deals with is that they have already invested money into your work, based on the fact you have signed a legal contract with them. As such, you may be required to buy them out of your contract so they have not lost money, for example.
         However, if the publisher has not come up on a Preditors & Editors site (and if they did, why did you sign with them in the first place?!), word will get around and you may find yourself blacklisted, at least for a while, as a writer hard to deal with.
         I know the excitement of having that first book published can overwhelm everything else, but you need a clear head. Don’t sign every contract put in front of you. I have refused three in the past 5 years (including one book) because I could see issues arising.

So, agents are actually easier as there is less money involved. A simple exchange of polite emails often sees agents willing to let a potential or unsuccessful client go. If, however, they have found sales for you, then you will still owe them whatever moneys are dictated in the terms of the contract signed. This could be a percentage of royalties in perpetuity (a standard clause, by the way, for agents) and so you will never be rid of the agent.
         But it is also the same as a publisher in every other regard. Buying out of contracts, risking that negative reputation, all of it applies here as well, just that the initial breaking of a contract, before any sale has been made, is easier for both parties.

Disagreements!

If you disagree with a publisher, try negotiating. I have done this with every one of the books I have had published. Mostly it was to keep Australianisms, but in one case I didn’t like the first cover (they changed just the female figure and it became amazing!). If that does not work, look at your contract. You might have signed these rights over to them. If not, then, yes, always try negotiating, and listen to their reasoning for what they want to do.

If you disagree with an agent, the vast majority are open to discussion. What would you disagree with, though? I have a friend who has told her agent not to sell to any company that has ties to Walt Disney. This did result in a book being sold to a lower paying publisher, but the agent was fully aware of my friend’s wishes and it was settled before the agency contract was signed. If that agent had then on-sold to a Disney subsidiary, my friend, under terms of the contract, would have been within her rights to fire the agent without financial recourse. Make sure those contracts do not disadvantage you!

(As an aside, Disney and subsidiaries are the worst major company/ies to sign with. I could explain why, but don’t want to rant.)

If you disagree with an editor you pay for, then there is nothing to say you have to take on board their edits. It’s just money you’ve wasted, and don’t use them again. If you disagree with an in-house publisher, then you better have a good reason to. Like I said, my desire to keep my work “Australian” has seen me have discussions with editors, and it has nearly always resulted in something we can both live with. Be polite and decent, and you will generally come out okay.

So, in the end, everything comes down to the contracts you have signed, and what they say. It is really that simple… and also that complicated.