SFWA Contracts Committee Advisory on No-advance ContractsThe publisher in question is Fireside Press.
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.
Dear ________,A number of the cancellations affected books that had been completed, turned in, and scheduled for publication, with some authors having already made promotional plans. Others interrupted series whose first installment hadn't yet been published--with Henery holding on to the yet-to-be-published book and reverting rights to the rest. Cancellation of a series before it's completed can be tough--another publisher may not want to buy into a series mid-stream, and while followup titles can be self-published, it's difficult to promote a series when it's split up like this.
Before entering 2020, we felt it prudent to review future projections for _______ series, taking into consideration recent releases and overall performance. To provide an unbiased professional opinion and guidance in our 3-year strategic plan, we hired a consulting firm with experience in the industry. This allowed us to analyze not only your specific series, but also the competitive landscape and industry as a whole.
Unfortunately the sales of _______ series do not justify the publication of future titles beyond 2020. We know this is disappointing. The market has become beyond saturated (especially in mystery fiction), with all leading indicators pointing to even more intense competition for consumer dollars in the next cycle and beyond....
Although we don’t have a pathway forward with your new titles, we will continue to sell and support your backlist titles as usual under the terms of our original publishing agreement. To be clear, we will not be reverting the rights on any of your already published title(s), only future titles specifically outlined in the addendum to follow in the next week.
In this week's Pagan Community Notes, Pagan Spirit Gathering has been canceled, indigenous shaman and actor Antonio Bolivar joins the Ancestors, Sacred Well announces changes in leadership, and more!
Pagan healthcare providers discuss how they are coping with the stresses of the pandemic and how the power of their spiritual practices sustains them.
Horn was famed for introducing a pet cheetah to the magic show and was mauled on stage by a tiger in 2003
Roy Horn of Siegfried & Roy, the duo whose extraordinary magic tricks astonished millions until Horn was critically injured in 2003 by one of the act’s famed white tigers, has died from coronavirus complications. He was 75.
Horn died of on Friday in a Las Vegas hospital, according to a statement released by his publicist Dave Kirvin.
Continue reading...People all over the world are now being advised to wear face masks to slow the spread of coronavirus.
Luckily, Disney is here to bring a spark to this new corona fashion wear, especially for kids who are more frightened these days.
In a statement on its home page, the company expressed its commitment to serving the communities during these challenging times by creating a new line of family-friendly reusable cloth face masks featuring its timeless stories and beloved characters.
Disney announced it will donate one million cloth face masks for children and families in underserved and vulnerable communities across the U.S. and pledged to donate all the profits to the non-profit organization, Medshare, which specializes in redistributing medical supplies to hospitals in need.
From Baby Yoda to Winnie The Pooh and Mickie Mouse, the masks are aimed at kids and kids at heart who can finally have a chance to let out their inner character.
You can purchase a four-pack of face masks for $19.99 in small, medium, and large sizes.
Check out some of the cool designs.
Found on every continent except Antarctica, donkeys are some of the most well-bred and well-known animals in the world.
World Donkey Day is a show of respect for one of the most enduring and respectable animals in the Equidae family.
Throughout history, it has served throughout the world as both a mount and a beast of burden in some of the most challenging terrains and forbidding climates, and has done so with pride and endurance.
But how much do you know about these surprisingly deep and intelligent creatures?
Here are some fun facts you probably didn't know.
English dub cast includes Joey Richter, Merit Leighton, Sarah Williams, Michael Johnston