As pointed out on rasfw

[james_davis_nicoll]

An interesting discussion over non-compete clauses was pointed out on rasfw:

It is four weeks since my last posting. I have been adrift in the ethers, learning first-hand how deeply this digital revolution affects our lives, right down to our DNA depths. As an author struggling to survive in these recessionary times, I made a decision eight months ago. I joined the legions of writers who are now electronically self-publishing backlogs of their writing. I did this in innocence and exuberance, and a need for income. And yes, I did it out of ignorance, never dreaming that the reverberations of that decision would cost me my credibility in whatever is left of the world of print publishing.

More discussion can be found here.

Comments

[dewline.livejournal.com]

Classic WTH moment there. Latest in a series, collect 'em all, like it or not.

[icecreamempress.livejournal.com]

This lady needs a big cup of clue. Wondering if something might be a breach of contract? Ask your agent, or your lawyer, or both--don't ask Joe Konrath.

I also hate her for writing "O'Henry Award" over and o'ver. People should be able to spell the names of awards they've won.

[james-nicoll.livejournal.com]

I have to admit it would never have occurred to me that self-publishing shorts would be seen as a violation of a non-compete with a novel.

[icecreamempress.livejournal.com]

Unless her contract was really different from the contracts I've had from the Big Six houses, my opinion is that it should have occurred to her to at least ask her agent. "Sin, and obtain forgiveness" is rarely the right choice in contract law.

[agent-mimi.livejournal.com]

Her comment about the lawyer telling the publisher that they had no grounds to complain about one of the e-published collections sounds like she DID ask her lawyer.

People make mistakes. Sometimes those mistakes involve apostrophes. The world ain't gonna end, sister.

[icecreamempress.livejournal.com]

She asked the lawyer after publishing the second one, is how I read it.

The "O'Henry" thing always pisses me off mightily, but if you win the actual award, you really should know what its name is.

[msagara.livejournal.com]

She said, when I first checked this thread, that she wanted to warn other writers to GET EVERYTHING IN WRITING. So, ummm. “Mostly I want to caution you, get all permission in writing with print publishers“

I’ve done some epubs of shorts, and no one has said a (bad) thing about it at either of my two publishers -- but the option clauses in either contract wouldn’t prohibit this.

If she has a boiler-plate option clause, then - yes, it’s draconian. She in theory has an agent, and in theory agents severely alter this - and she did say in comments that her agent should have been more on the ball (paraphrase): “@Patricia Rice...Your right! Contract clauses need to be tightened. I think contracts will be rewritten after this. Also, AGENTS need to TIGHTEN up too, and be more protective of their clients. Mine was not.“

So...while in theory she’s said there’s nothing to their claim...I’m not so sure either of the two statements I’ve quoted (which she made in the comment thread) support this entirely.

[scott-sanford.livejournal.com]

"Your right!"

And people say authors don't need editors.

[avram]

Anyone else wondering if she held off telling her agent about her self-published work for fear the agent might demand a cut? Because I can't think of any other reason not to run this past the agent before signing the contract; that's one of the things an agent's for.

[icecreamempress.livejournal.com]

I've never heard of agents asking for a cut of self-published reissues. One of the agents in ZSH was, briefly, my agent at another agency (she inherited me from someone who left the business) and she was a really good egg--I would be surprised to hear that that kind of shenanigans were going on there.