Comments for Barry Fox http://barryfox.us Sat, 05 Mar 2011 03:16:03 +0000 hourly 1 http://wordpress.org/?v=3.3.2 Comment on Beware the “Competing Works” Clause in Book Publishing Contracts – Part III by Barry Fox http://barryfox.us/2011/02/beware-the-%e2%80%9ccompeting-works%e2%80%9d-clause-in-book-publishing-contracts-%e2%80%93-part-iii/#comment-7 Barry Fox Sat, 05 Mar 2011 03:16:03 +0000 http://barryfox.us/?p=159#comment-7 Hi Jordan – Whether you’re stuck with this publisher depends on your contract. How strict is the competing works clause? Can it be interpreted to mean that any other novel you write is a competing work? Or only novels using the same characters as are in the first? There may be other ways out. If, for example, there’s a clause in your contract that says rights will revert back to you if sales fall below a certain level, you may be able to reclaim your rights. Check your contract carefully. And yes, you may need an attorney. By the way, I had the same problem with a publisher who refused to respond to my calls or emails. I got around it by calling someone else at the publishing house and speaking to her. I can’t guarantee this approach will work for you, but it’s worth a try. Hi Jordan –

Whether you’re stuck with this publisher depends on your contract. How strict is the competing works clause? Can it be interpreted to mean that any other novel you write is a competing work? Or only novels using the same characters as are in the first?

There may be other ways out. If, for example, there’s a clause in your contract that says rights will revert back to you if sales fall below a certain level, you may be able to reclaim your rights.

Check your contract carefully. And yes, you may need an attorney.

By the way, I had the same problem with a publisher who refused to respond to my calls or emails. I got around it by calling someone else at the publishing house and speaking to her. I can’t guarantee this approach will work for you, but it’s worth a try.

]]> Comment on Beware the “Competing Works” Clause in Book Publishing Contracts – Part III by Jordan Belcher http://barryfox.us/2011/02/beware-the-%e2%80%9ccompeting-works%e2%80%9d-clause-in-book-publishing-contracts-%e2%80%93-part-iii/#comment-3 Jordan Belcher Wed, 02 Mar 2011 00:16:52 +0000 http://barryfox.us/?p=159#comment-3 This article was very informative, and at the same time sent my spirits in a downward spiral. My debut novel is out on e-book - and it's VERY poorly edited. It's been almost a year and I've received no royalties. It hasn't been released in a trade paperback form, and since my publisher won't return my calls, I'm assuming it never will. How do I get my rights back? Do I need an intellectual property attorney? Am I stuck with this publisher, unable to sell future novels elsewhere because I signed a contract with the "competing works" clause? This article was very informative, and at the same time sent my spirits in a downward spiral. My debut novel is out on e-book – and it’s VERY poorly edited. It’s been almost a year and I’ve received no royalties. It hasn’t been released in a trade paperback form, and since my publisher won’t return my calls, I’m assuming it never will. How do I get my rights back? Do I need an intellectual property attorney? Am I stuck with this publisher, unable to sell future novels elsewhere because I signed a contract with the “competing works” clause?

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