tag:blogger.com,1999:blog-23051453.post8500455699337019985..comments2023-11-02T06:57:11.400-04:00Comments on BookEnds Literary Agency: Your Option ClauseBookEnds, A Literary Agencyhttp://www.blogger.com/profile/06287278822065839469noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-23051453.post-8836251872176261372010-11-18T20:21:47.268-05:002010-11-18T20:21:47.268-05:00Same poster as above here.
So, to clarify: if t...Same poster as above here. <br /><br />So, to clarify: if the pub passes on the option clause, meaning they don't want the next work that they have right of first refusal on, does that also mean that the non-compete clause is nullified?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-23051453.post-5127565221092530592010-11-18T20:16:53.551-05:002010-11-18T20:16:53.551-05:00Similar to this, I've been wondering about the...Similar to this, I've been wondering about the "non-compete" clause. This states something to the effect of:<br /><br />While this Agreement is in effect the Author shall not, without the prior written consent of the Publisher, write, edit, print, or publish any sequel, series, or books containing the characters of the work or material that competes with the Work. <br /><br />So if you have a series, and the pub doesn't want #2 in the series, you're never allowed to sell it to anyone else as long as they are still selling #1? <br /><br />Help someone? Can this be true?!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-23051453.post-2968375197958715082010-11-18T03:07:13.874-05:002010-11-18T03:07:13.874-05:00I'm kind of surprised at the malevolence towar...I'm kind of surprised at the malevolence toward the first option clause. If you have a good agent, she/he will put a time limit on it. And, as has been noted, the publisher has already put out time/energy/money for you to make a name. Why shouldn't they have the right to protect their interests (you-the author name-is their interest) and investments? On the other hand, we have a right to protect ours as well.<br /><br />However, I agree with the person who has written to Jessica. You can fall into a trap when there is no clear out clause (Time seeming like the best one and most professional on both sides.) when you do not have an agent.<br /><br />We, as writers/authors should send our agents a great big thanks. If you are not reppresented by a particular agency, send all those who blog and help us a round of applause. Thank you for watching out back.Leonahttps://www.blogger.com/profile/11786326364037397675noreply@blogger.comtag:blogger.com,1999:blog-23051453.post-39976325629575449982010-11-17T22:07:41.533-05:002010-11-17T22:07:41.533-05:00No, I think it just makes them Godzilla.
(Serious...No, I think it just makes them Godzilla.<br /><br />(Seriously, it sounds like another attempt to make a profit while persuading screenwriters that they can avoid the slushpile.) :-)Jeannienoreply@blogger.comtag:blogger.com,1999:blog-23051453.post-13031951879334283852010-11-17T18:55:48.405-05:002010-11-17T18:55:48.405-05:00Apropos of nothing: Interesting bit here. Today&#...Apropos of nothing: Interesting bit here. Today's Los Angeles Times Entertainment section (11-17-10) has an article stating the Amazon is starting up Amazon Studios in partnership with Warner Brothers to upload and develop screenplays to show to prospective studios. Would that make Amazon Studios a cinematic version of a book packager?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-23051453.post-2763405914823407022010-11-17T18:12:52.674-05:002010-11-17T18:12:52.674-05:00I feel the same about agents that want to lock up ...I feel the same about agents that want to lock up an exclusive deal. It seems rather pointless. You do good with this, then I'm probably going to want you to do good with another, and another. If I'm not happy, fired is fired. The exclusive business won't have done anything but tick me off from the start.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-23051453.post-29530645731496098832010-11-17T17:31:10.293-05:002010-11-17T17:31:10.293-05:00I heard a very successful author answer this quest...I heard a very successful author answer this question: if you like your publisher, well and good. If you don't like your publisher, send in a piece of "bound to be refused" drivel, and then the decks are cleared. As some other respondent has already pointed out, one has to wonder why this clause of purely one-sided benefit is in the contract. Some agents also use it, again purely one-sided.M Clement Hallhttp://mclementhall.comnoreply@blogger.comtag:blogger.com,1999:blog-23051453.post-8701429178160715642010-11-17T14:17:31.810-05:002010-11-17T14:17:31.810-05:00(Posting anonymously here because I am a publishin...(Posting anonymously here because I am a publishing attorney.)<br /><br />One other potential danger with option clauses: when I write them for publisher clients, I generally include language stating that if they exercise their right of first refusal, it will be on terms and conditions identical to the existing contract - so read carefully, to make sure that kind of language isn't also included. It still wouldn't force you to sign a contract, but it could impact the terms upon which you can sign if you go with the same publisher.<br /><br />@anonymous 12:27: Publishers' attachment comes from the fact that most authors' sales increase with later books. The publisher is taking a chance - and spending money - on an author, anticipating that they will profit more as (and if) the author's fame grows. You personally may have great attachment to a publisher who took a chance on you, but many authors would feel differently when the money is on the line.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-23051453.post-56971928806413938052010-11-17T12:27:20.197-05:002010-11-17T12:27:20.197-05:00I've still don't understand publishers'...I've still don't understand publishers' attachment to option clauses. If I am happy with them, they will get the first look at the new work. If I'm not happy with them, then I will make sure that they don't get a hold of it. It's a bad deal for the author. If things are good, nobody needs the clause. If things are bad, it only serves the publisher and agent.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-23051453.post-85698213952114837272010-11-17T11:20:57.237-05:002010-11-17T11:20:57.237-05:00Yet another bit of useful information. Like every...Yet another bit of useful information. Like everyday. Thanks, Jessica. I honestly don't know what newbies to the game would do without you, Janet Reid and (the now departing) Nathan.Unknownhttps://www.blogger.com/profile/09286500369307269667noreply@blogger.comtag:blogger.com,1999:blog-23051453.post-21153475632080643842010-11-17T10:00:36.487-05:002010-11-17T10:00:36.487-05:00Another informative response for new authors. Many...Another informative response for new authors. Many thanks, Jessica.D. U. Okonkwohttps://www.blogger.com/profile/12900694425526387930noreply@blogger.com