A Publisher's Conversation with Authors: About That Semi-Exclusivity Right Clause in Your Contract

 

It is Tuesday. Time to tall turkey. Monday's madness is over, and Wednesday will take us over the hump, so Tuesday it is--for some serious discussion with authors. Tuesday talks mean to address authors in waiting and self-published authors who would like to go a more traditional route or who would at least like to take their steps with a publisher by their side.

Today's topic looks at a special contract feature. We have been talking about contract specifics -- and will continue to do so -- but one clause that will not come up in the discussions based on MSI Press contracts is the exclusivity clause -- because we do not require it. Some publishers, however, upon contracting with an author for a book, will require the right of refusal for any future books. In other words, if the author writes another book, the publisher has first dibs on it, and the author does not have the opportunity to seek another publisher unless his/her current publisher says so (by turning down the subsequent book.

These clauses have pros and cons. If presented with a contract with this clause, you will need to make a decision based on your personal case. There are so many variations in author cases, that there is no one-size-fits-all decision. Here are some things to take into consideration.

Pros

• There is a readymade publisher for your next book (unless the publisher decides to turn it down); you do not have to think about where to send it first or preparing a proposal for someone who does not know you. As such, it saves you time and provides you with a sense of security.
• If your current book is selling well, you might have evidence that can be used to get you a better deal the second time around.
• For the publisher -- and the reason publishers use such clauses -- is the value in being the exclusive representative for readers and bookstores, etc., for the author.
• Marketing can be easier and more effective when bundling books. 

Cons

• Sometimes a next book does not fit as well with the publisher's line of books that the first book did. In such cases, it is likely that the publisher will release the author from the exclusivity obligation. Although we have no exclusivity clause, one author through we did and asked about a second book he had written to follow his first book on spirituality. The second work was a book of pornography. Talk about a changed perspective! We let him know that he did not have an exclusivity clause in his contract (would have thought he would have known that since he had read and signed the contract). Had there been such a clause, that particular work would have been exempt from it.
• Since publishers have differing marketing approaches, audiences, and niches, an author can sometimes expand reach of one book through the different reach of a second book. In this case, each publisher's marketing program complements and builds on the other.
• If a publisher has not done a good job of marketing the first book (remember, authors must help publishers if marketing is to be effective), chances are the same publisher will not do an effective job of marketing the second book, but you would be locked into that publisher's model.

The bottom line is that you may or may not have a choice from the publisher side as to whether the publisher gets first dibs on the next book you write. Of course, you do have a choice. If you do not want to be "owned" by the publisher, you simply do not sign the contract and continue to look for another publisher. On the other hand, it might be comforting to have a "home" with a publisher. You will need to make a decision of how important this question to you is; think about some of the pros and cons above.

Lesson for today's Tuesday talk: Keep in mind that when you side a contract for your current book, you may also be making a decision about publisher for future books. 

Read more posts about publishing HERE.

The Tuesday talks reflect real discussions between the management of MSI Press LLC and our own authors or those would-be authors who come through our doors but don't make the cut--yet. If you have a topic you would like addressed, leave the question in the comment section. Chances are, in our 18 years of publishing first-time and experiences authors, we have had a conversation with one of our authors that we can share with you.

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