Simultaneous Submissions
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My publishing company (http://steelcutpress.com) received a query several months ago.  The author did not yet have an actual book.  However, discussions began.  The author was quite insistent on a contract and about a month ago my partner and I presented a contract with the stipulation that, once we read the finished product and didn't like, the contract would be null and void.  The author agreed to that, asked for some minor additions, and then met with us for additional questions.  We spend over an hour with him answering his questions and then he said that during the previous week he had begun discussions with a major publisher.  Since we are figuring out independent publishing as we go, can anyone provide some guidance here?  It seems to me that he has violated a fairly long standing ethical boundary but maybe I'm just really 'miffed' because he's the one who asked for the contract, we spend quite a bit of time preparing it, having an attorney look it over, and talking to him about it.  Any feed back would be much appreciated.  Thanks.
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Replies
  • Mary,

    You have my sympathies. I absolutely HATE simultaneous submissions because they are a waste of time and resources. We make it clear in our submission guidelines that we do not want them. In fact, I wrote a blog post on my She Writes blog a while ago about this very thing.

    "Simultaneous Submissions...and why we don't want them"

    I was miffed when I wrote it and I get miffed when I think about it! LOL

    Some authors try to be slick and work around it, but you'd be amazed at how many editors and publishers DO talk around their own water cooler, and if an author is making the rounds with a submission, word will get around too.

  • Unfortunately, there's no law against multiple submissions.  Many writers (like myself) query a number of agents and/or publishers at a time.  If we waited for an agent or publisher to get back to us before moving on, it could take years to connect with someone. If that's a problem for you, I'd suggest that you stipulate on your website or wherever that you only accept exclusive submissions.  But then you might miss out of the next best seller.

    Your scenario is similar to a realtor who has spent the last four weekends showing someone a house.  Then, on the fifth week, he calls tell say he's bought a house through another realtor who held an open house.  Frustrating, but nonetheless legal.

    At least you now have a contract to use with someone else.

    Regards,

    Judith Marshall

    Author of HUSBANDS MAY COME AND GO BUT FRIENDS ARE FOREVER, recently optioned for the big screen.

     

     

    Sorry this one didn't work out.

  • Guilty of bending over backwards way too far as far as the contract goes.  My only saving grace in that area is that the contract held the stipulation that once the manuscript was received and reviewed if it did not meet the criteria of the publisher the contract would be terminated.  I know where you are coming from about spreading the word but I wouldn't do that because it would eventually come back and bite me and in the long term isn't fair.  Thanks for your reply.
  • I would be leery of a publisher who did that. What if they didn't like something I did or said? Would they be putting it up on some site, making our disagreement public? I would worry and if I had a choice between publishers, I would stay away from someone who did that, even if it appeared to be a fair warning. People have their own opinions as to what is a fair warning. I would avoid them.
  • I agree with Kelly except for one thing. I wouldn't post anything about him. People are trashing others all over the Net and, frankly, it makes the trasher look as bad as the trashee (if that's a word.) Would I submit to a publisher who had trashed another author publicly? Probably not. Certainly they would be last on my list.

     

    You can't go wrong taking the high road. Authors try not to respond to nasty reviews and you should take the lesson learned but ignore the author. Public trashing can backfire.

  • Wow, that's ugly.  As Jean said, this goes beyond simultaneous submissions. You allowed an author to demand a contract on a manuscript that wasn't completed?  I assume his query must have been stellar, but still.  He was playing both ends, period.  I don't know how you can deal with him legally, but you can't be bullied by anybody.  That's what he did.  I love a welcoming editor, though that doesn't mean you have to cave to standards that don't fit your ethical or business model.  It seems you left yourself wide open for him to take advantage.  Decide exactly what your policy is with regard to contracts and timeframe, and stick to it.  Also, perhaps clearly state this on your website.

     

    Push comes to shove, spread the word with your industry peers about what he did.  There are sites dedicated to publicly acknowledging bad agents and publishers.  And there's always the balancing humor of karma.  Sorry you had to deal with such a poop.

     

    ~Kelley ~ Soul Intent Arts ~ Intentional Insights ~ The Huffington Post