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Fireside Press Cancels Multiple Contracts

Posted by Victoria Strauss for Writer Beware®

Last week, the SFWA Contracts Committee issued this advisory.
SFWA Contracts Committee Advisory on No-advance Contracts

Recently, SFWA's Contracts Committee was made aware of a situation in which a well-liked publisher canceled the publication of a number of books it had contracted to publish. The publisher said the decision was made because of "unexpected changes" at the company. The Committee has reviewed the contract in use, which lacked a provision for such a cancellation. The Committee believes that canceling a contracted book that satisfies the author’s obligations is at odds with the spirit of the contract. Making this situation worse is the fact that these were no-advance contracts. Because no advance was paid, the publisher could make this decision without financial penalties. The authors' books, were, in effect, put in limbo for many months and the authors received nothing but an apology. Besides depriving the authors of the ability to sell the books elsewhere during this delay and putting off any income from the books into the indefinite future, the authors careers suffer as a result.

Publishers of all sizes may find themselves unable to live up to their contractual commitments for a wide variety of reasons, some of which could not have been reasonably anticipated. Hence, the Contracts Committee urges writers to think carefully about signing a contract that provides no advance, or only a nominal advance, while tying up their work for a lengthy period of time. Critically, payment of an advance gives an indication the publisher actually has the financial resources to meet its obligations. Publishers who do not pay advances or pay only nominal advances should include language in their contracts specifying how they can cancel a book and what happens if they should cancel a book, including a specified amount of compensation to the author.

SFWA Contracts Committee
October 25, 2019

Legal Disclaimer: The contract alert should not be understood to be legal advice. The issues presented by contract law are complex. Authors should consult a competent attorney familiar with the business of publishing as well as contract law before signing any contract.
The publisher in question is Fireside Press.

The cancellations were first reported on October 8 by Jason Sanford in his Genre Grapevine column, and discussed on October 9 in Mike Glyer's File 770. Fireside publisher Pablo Defendini issued a statement on October 8, in which he revealed that the five canceled contracts were for manuscripts that were "unpublished and unannounced", and attributed the cancellations to disruptions caused by editorial departures.

Author Meg Elison, one of the canceled authors, did not find this to be a sufficient explanation...and she was livid.



A few days later, Defendini issued an apology. "I can see now how [the cancellation emails] read as callous, uncaring, and dismissive of the authors’ feelings," he wrote. "I’m very sorry for that....My behavior was not consistent with Fireside’s values, and I deeply regret it."

Beyond the Contracts Committee's general warning about no-advance contracts (and if you're part of the small press world, you know how common these are): multiple simultaneous contract cancellations are not frequent or normal, and can signal trouble beyond whatever the publisher offers as an explanation (if it explains at all). Ditto for a publisher that suddenly starts offering to revert rights on request.

Fireside's situation also highlights the risks of signing with a publisher that's essentially a one-person operation (as Defendini admits in his apology). With the best will in the world, the publisher can be sidelined by a single bad event (personal or professional), leading to glitches, errors, and delays in scheduling, payment, and more. Writer Beware's files are stuffed with such stories.

Troubled publishers do recover, or at least hang on. Month9, which canceled dozens of contracts in 2016, is still publishing, as is Permuted Press, which axed an undisclosed number of titles in 2015 (both publishers cited overstocked lists, though in both cases there were other issues as well). In the short term, though, if a publisher is or has been actively shedding writers, it's best to hold off on submitting until it's clearer what's going on.




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Ethical Considerations

turn it off!!




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President queries Tanzania coronavirus kits after goat test

Coronavirus test kits used in Tanzania were dismissed as faulty by President John Magufuli on Sunday, because he said they had returned positive results on samples taken from a goat and a pawpaw.




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Curbside Pick (Me) Up – DORK TOWER 21.04.20

Dork Tower is 100% reader supported.  Join the Army of Dorkness today, and help bring more Dork Tower to the world! By becoming a Dork Tower Patreon backer, you get our everlasting gratitude (and also swag, commentary, bonus strips, and even more swag), but, critically, you’ll help us reach our next goal – three comics a week! HINT: […]




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Airbnb slump means Europe's cities can return to residents, say officials

Cities like Barcelona want to use crisis to allow people to rent properties at decent rates

Airbnb has revolutionised travel and since it was founded in 2008 hundreds of thousands of property owners have used the holiday accommodation platform to make ends meet, make a living and, in some cases, make a killing.

But while hosts, as they are known, are wringing their hands over the collapse of the travel industry and their loss of income, many city authorities are rubbing theirs at the prospect of thousands of holiday lets returning to the traditional rental market. Cities complain that the highly profitable holiday lets have driven up rents and forced out residents with the knock-on effect that local businesses no longer have a community to serve.

Continue reading...




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Brazil's President Bolsonaro must 'drastically change course' on Covid-19, says The Lancet

British medical journal’s editorial says the Brazilian president’s disregard for lockdown measures is damaging

The biggest threat to Brazil’s ability to successfully combat the spread of the coronavirus and tackle the unfolding public health crisis is the country’s president, Jair Bolsonaro, according to the British medical journal The Lancet.

In an editorial, The Lancet said his disregard for and flouting of lockdown measures was sowing confusion across Brazil, which reported a record number of Covid-19 deaths on Friday, and is fast emerging as one of the world’s coronavirus hot spots.

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'I feel like I've got my life back': the homeless residents of a Tudor hotel – video

When councils were instructed to provide accommodation for their homeless population to protect them from coronavirus, Mike Matthews, owner of the Prince Rupert hotel in Shrewsbury, was one of the first to step in. The decision was part business decision to save his hotel, part philanthropy to help homeless people he admits he usually ignored. The new residents, including a former employee, feel it has given them some dignity back and offered them a rare feeling of family and safety. They also know this cannot be a permanent change to their lives, so what happens next?

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Inside a Greek coronavirus ward: how debt-ridden nation is beating the disease – video

Despite a decade-old financial crisis that has crippled its hospitals, Greece appears to be keeping its coronavirus outbreak under control, with a far lower death toll than many other European nations. Dr Yota Lourida, Infectious Diseases specialist at Sotiria hospital in Athens, explains how it dealt with the crisis, and the steps taken by the country to mitigate against potentially catastrophic outcomes

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'People's lives depend on it': the sacked English defender left in limbo | Sid Lowe

Charlie I’Anson’s contract in the third tier has been terminated but the lockdown has left him unable to travel

Charlie I’Anson spent Thursday packing up boxes in the small flat he rents near Madrid, finalising the details of his dismissal from the football club for whom he played, and trying to contact the police to request permission to travel home. The night before, the news slipped out: two months after the last match, and on the day the first and second division players returned to work, the football federation decided to cancel the rest of the season in Spain’s third and fourth tiers. Like thousands of footballers, the English centre-back’s season was over with 10 matches remaining.

Related: Covid-19's impact on football: 'It could take 10 years to get where we were'

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Iran's president says an end to United Nations arms embargo is a 'right'

The Iranian president said Wednesday that lifting a U.N. arms embargo on Tehran would be an “obvious right” and added a veiled warning of unspecified steps Iran could take if the embargo is extended, as the United States wants.





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Coronavirus: Staggered work times considered when lockdown eases

Transport Secretary Grant Shapps says it could help maintain social distancing on public transport.




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Coronavirus: I watched the president reveal I had Covid-19 on TV

Against her will, Sita Tyasutami became "case one", the face of Indonesia's coronavirus outbreak.




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US Vice-President Mike Pence's aide tests positive for coronavirus

The diagnosis comes one day after Trump's personal valet tested positive for the virus.




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Life inside the UK's first 'TikTok house'

These six creators moved in together to make viral TikTok videos.




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Yuri Alberto (R) of Brazil celebrates scoring his sides second goal with Rodrigo Guth

Yuri Alberto (R) of Brazil celebrates scoring his sides second goal with Rodrigo Guth during the FIFA U-17 World Cup India 2017 3rd Place match between Brazil and Mali at Vivekananda Yuba Bharati Krirangan on October 28, 2017 in Kolkata, India. (Photo by Tom Dulat - FIFA/FIFA via Getty Images)




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Yuri Alberto of Brazil scores his side's second goal

KOLKATA, INDIA - OCTOBER 28: Yuri Alberto of Brazil scores his side's second goal during the FIFA U-17 World Cup India 2017 3rd Place match between Brazil and Mali at Vivekananda Yuba Bharati Krirangan on October 28, 2017 in Kolkata, India. (Photo by Tom Dulat - FIFA/FIFA via Getty Images)




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Yuri Alberto of Brazil celebrates scoring his side's second goal

Yuri Alberto of Brazil celebrates scoring his side's second goal during the FIFA U-17 World Cup India 2017 3rd Place match between Brazil and Mali at Vivekananda Yuba Bharati Krirangan on October 28, 2017 in Kolkata, India. (Photo by Tom Dulat - FIFA/FIFA via Getty Images)




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Yuri Alberto of Brazil celebrates scoring his sides second goal

KOLKATA, INDIA - OCTOBER 28: Yuri Alberto (C) of Brazil celebrates scoring his sides second goal with Rodrigo Guth (L) during the FIFA U-17 World Cup India 2017 3rd Place match between Brazil and Mali at Vivekananda Yuba Bharati Krirangan on October 28, 2017 in Kolkata, India. (Photo by Tom Dulat - FIFA/FIFA via Getty Images)




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Rhian Brewster of England celebrates scoring his side's first goal

KOLKATA, INDIA - OCTOBER 28: Rhian Brewster of England celebrates scoring his side's first goal during the FIFA U-17 World Cup India 2017 Final match between England and Spain at Vivekananda Yuba Bharati Krirangan on October 28, 2017 in Kolkata, India. (Photo by Tom Dulat - FIFA/FIFA via Getty Images)




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Rhian Brewster of England scores his side's first goal

KOLKATA, INDIA - OCTOBER 28: Rhian Brewster of England scores his side's first goal during the FIFA U-17 World Cup India 2017 Final match between England and Spain at Vivekananda Yuba Bharati Krirangan on October 28, 2017 in Kolkata, India. (Photo by Tom Dulat - FIFA/FIFA via Getty Images)




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Sergio Gomez of Spain celebrates scoring his sides second goal

Sergio Gomez of Spain celebrates scoring his sides second goal during the FIFA U-17 World Cup India 2017 Final match between England and Spain at Vivekananda Yuba Bharati Krirangan on October 28, 2017 in Kolkata, India. (Photo by Jan Kruger - FIFA/FIFA via Getty Images)




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Sergio Gomez of Spain celebrates scoring his sides second goal

Sergio Gomez of Spain celebrates scoring his sides second goal during the FIFA U-17 World Cup India 2017 Final match between England and Spain at Vivekananda Yuba Bharati Krirangan on October 28, 2017 in Kolkata, India. (Photo by Jan Kruger - FIFA/FIFA via Getty Images)




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Sergio Gomez of Spain celebrates scoring his sides second goal

KOLKATA, INDIA - OCTOBER 28: Sergio Gomez of Spain celebrates scoring his sides second goal during the FIFA U-17 World Cup India 2017 Final match between England and Spain at Vivekananda Yuba Bharati Krirangan on October 28, 2017 in Kolkata, India. (Photo by Jan Kruger - FIFA/FIFA via Getty Images)




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Sergio Gomez of Spain scores his sides second goal

KOLKATA, INDIA - OCTOBER 28: Sergio Gomez of Spain scores his sides second goal during the FIFA U-17 World Cup India 2017 Final match between England and Spain at Vivekananda Yuba Bharati Krirangan on October 28, 2017 in Kolkata, India. (Photo by Jan Kruger - FIFA/FIFA via Getty Images)




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Sergio Gomez of Spain celebrates scoring his sides second goal

KOLKATA, INDIA - OCTOBER 28: Sergio Gomez of Spain celebrates scoring his sides second goal during the FIFA U-17 World Cup India 2017 Final match between England and Spain at Vivekananda Yuba Bharati Krirangan on October 28, 2017 in Kolkata, India. (Photo by Jan Kruger - FIFA/FIFA via Getty Images)




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Morgan Gibbs White of England scores his sides second goal

KOLKATA, INDIA - OCTOBER 28: Morgan Gibbs White of England scores his sides second goal during the FIFA U-17 World Cup India 2017 Final match between England and Spain at Vivekananda Yuba Bharati Krirangan on October 28, 2017 in Kolkata, India. (Photo by Tom Dulat - FIFA/FIFA via Getty Images)




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Morgan Gibbs White of England celebrates with the team scoring his sides second goal

KOLKATA, INDIA - OCTOBER 28: Morgan Gibbs White of England celebrates with the team scoring his sides second goal during the FIFA U-17 World Cup India 2017 Final match between England and Spain at Vivekananda Yuba Bharati Krirangan on October 28, 2017 in Kolkata, India. (Photo by Tom Dulat - FIFA/FIFA via Getty Images)




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Morgan Gibbs White of England celebrates with the team scoring his sides second goal

KOLKATA, INDIA - OCTOBER 28: Morgan Gibbs White (2nd L) of England celebrates with the team scoring his sides second goal during the FIFA U-17 World Cup India 2017 Final match between England and Spain at Vivekananda Yuba Bharati Krirangan on October 28, 2017 in Kolkata, India. (Photo by Tom Dulat - FIFA/FIFA via Getty Images)




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FIFA President Gianni Infantino presents the winners trophy

KOLKATA, INDIA - OCTOBER 28: FIFA President Gianni Infantino presents the winners trophy to captain Angel Gomes of England after the FIFA U-17 World Cup India 2017 Final match between England and Spain at Vivekananda Yuba Bharati Krirangan on October 28, 2017 in Kolkata, India. (Photo by Buda Mendes - FIFA/FIFA via Getty Images)




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FIFA President Gianni Infantino delivers the winners trophy

KOLKATA, INDIA - OCTOBER 28: FIFA President Gianni Infantino delivers the winners trophy to captain Angel Gomes of England after the FIFA U-17 World Cup India 2017 Final match between England and Spain at Vivekananda Yuba Bharati Krirangan on October 28, 2017 in Kolkata, India. (Photo by Buda Mendes - FIFA/FIFA via Getty Images)




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FIFA President Gianni Infantino delivers the champion trophy

KOLKATA, INDIA - OCTOBER 28: FIFA President Gianni Infantino delivers the champion trophy to the captain Angel Gomes of England after the FIFA U-17 World Cup India 2017 Final match between England and Spain at Vivekananda Yuba Bharati Krirangan on October 28, 2017 in Kolkata, India. (Photo by Buda Mendes - FIFA/FIFA via Getty Images)




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FIFA President Gianni Infantino delivers the champion trophy

KOLKATA, INDIA - OCTOBER 28: FIFA President Gianni Infantino delivers the champion trophy to the captain Angel Gomes of England after the FIFA U-17 World Cup India 2017 Final match between England and Spain at Vivekananda Yuba Bharati Krirangan on October 28, 2017 in Kolkata, India. (Photo by Buda Mendes - FIFA/FIFA via Getty Images)




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FIFA President Gianni Infantino delivers the champion trophy to the captain Angel Gomes of England

KOLKATA, INDIA - OCTOBER 28: FIFA President Gianni Infantino delivers the champion trophy to the captain Angel Gomes of England after the FIFA U-17 World Cup India 2017 Final match between England and Spain at Vivekananda Yuba Bharati Krirangan on October 28, 2017 in Kolkata, India. (Photo by Jan Kruger - FIFA/FIFA via Getty Images)




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Rhian Brewster of England is congratulated by FIFA President, Gianni Infantino

KOLKATA, INDIA - OCTOBER 28: Rhian Brewster of England is congratulated by FIFA President, Gianni Infantino after the FIFA U-17 World Cup India 2017 Final match between England and Spain at Vivekananda Yuba Bharati Krirangan on October 28, 2017 in Kolkata, India. (Photo by Tom Dulat - FIFA/FIFA via Getty Images)




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African sides enter race for Lithuania places




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FIFA President Gianni Infantino (C) looks on as the National Anthems are played

CALI, COLOMBIA - OCTOBER 01: FIFA President Gianni Infantino (C) looks on as the National Anthems are played before the FIFA Futsal World Cup Third Place Play off match between Iran and Portugal at the Coliseo El Pueblo stadium on October 1, 2016 in Cali, Colombia. (Photo by Alex Caparros - FIFA/FIFA via Getty Images)




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FIFA President Gianni Infantino (C) looks on as the National Anthems are played

CALI, COLOMBIA - OCTOBER 01: FIFA President Gianni Infantino (C) looks on as the National Anthems are played before the FIFA Futsal World Cup Third Place Play off match between Iran and Portugal at the Coliseo El Pueblo stadium on October 1, 2016 in Cali, Colombia. (Photo by Alex Caparros - FIFA/FIFA via Getty Images)




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Brazilian futsal player Falcao receives an award from FIFA President Gianni Infantino

Brazilian futsal player Falcao receives an award from FIFA President Gianni Infantino during the Colombia 2016 FIFA Futsal World Cup at the Coliseo El Pueblo stadium, in Cali, Colombia on October 1, 2016. Falcao played five World Cups, won two world titles, two golden balls and one golden boot among others. (Photo by Gabriel Aponte/LatinContent/Getty Images)




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Brazilian futsal player Falcao receives an award from FIFA President Gianni Infantino

Brazilian futsal player Falcao receives an award from FIFA President Gianni Infantino during the Colombia 2016 FIFA Futsal World Cup at the Coliseo El Pueblo stadium, in Cali, Colombia on October 1, 2016. Falcao played five World Cups, won two world titles, two golden balls and one golden boot among others. (Photo by Gabriel Aponte/LatinContent/Getty Images)




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Brazil finish top of Group D after lopsided win