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Subject:
Authors' legal rights surrounding book publisher advances
Category: Business and Money Asked by: sw88tbeth-ga List Price: $18.00 |
Posted:
16 Nov 2004 16:44 PST
Expires: 16 Dec 2004 16:44 PST Question ID: 429897 |
Has an author successfully refused to repay a book publisher's advance if the publisher decides not to publish the author's book? Book publishers often give authors an advance prior to publishing their book. Down the road, if the publisher decides not to publish the author's book, must the author return the advance money? Is there any legal precedence for an author not having to pay back the advance fees? |
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There is no answer at this time. |
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Subject:
Re: Authors' legal rights surrounding book publisher advances
From: pinkfreud-ga on 16 Nov 2004 16:50 PST |
This may be of interest: "Advances may not be offered to first-time authors; each publisher has a different policy. Advances are made against future royalties, and paid in installments. If an advance is offered, Carol [Luers Eyman] suggested accepting and noted that you usually do not have to repay it if your book does not sell. If you back out and never finish the book, you do have to repay the advance." http://www.stc-nne.org/Noreaster/march04/meetings.htm |
Subject:
Re: Authors' legal rights surrounding book publisher advances
From: kriswrite-ga on 16 Nov 2004 16:56 PST |
It depends *completely* on the contract that the author and publisher signed. If the publisher refuses to publish the book for any reason that is stipulated in the contract, no matter how subjective, the author looses. For example, most contracts allow the publisher to reject the manuscript on the basis that it doesn't meet editorial standards. With such a clause, it would be very difficult for an author to argue that the publisher didn't have a right to reject the manuscript. (And to get such a clause removed from a contract would be difficult...it's industry standard.) On the other hand, unless the advance is quite substatial, the publisher isn't likely to sue for the advance if the author doesn't return it. However, not paying back an advance may give the author a bad rep with other publishers. Kriswrite |
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