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Weblog:   Right of First Refusal Clauses in Book Contracts
Subject:   gotta disagree
Date:   2004-01-03 08:51:51
From:   anonymous2
sorry, tim. as an author, i find RoFR to be acceptable to me. but then again i'm with a publisher i'm very proud to be with (not O'Reilly Press, for what it's worth).


a publisher is investing in their talent pool, and they have to protect their investment. it's as simple as that. i respect that.

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  • Tim O'Reilly photo gotta disagree
    2004-01-03 11:41:37  Tim O'Reilly | O'Reilly AuthorO'Reilly Blogger [Reply | View]

    If a publisher is indeed "investing" -- that is, helping you to develop as an author, or making your name in the first place -- a contractual tie may be appropriate, as I said in my original posting. But let me ask you this: suppose that your book doesn't sell as well as you expect (I see it is just out in November), or that your editor leaves, or that you have a great idea that's appropriate for some other publisher's list--will you still feel that way? After all, if your publisher succeeds for you, why do they need a contractual tie? Isn't the contract designed to protect them precisely in the case where you are unhappy? Isn't mutual success sufficient?

    I'm a publisher -- I am in exactly the same position as Artech House. I might develop an author, only to have him or her solicited by other publishers. It happens, and I hate it. But I think that tying an author down -- especially a new author who doesn't yet realize the big differences between publishers -- is often taking unfair advantage.

    As John Levine says, it's probably easy enough to get out of a RoFR, unless it says for all future projects. So maybe this is a tempest in a teapot.

    Anyway, best of luck with your book. Like you, I have a lot of respect for your publisher. I've heard good things about their books.
  • gotta disagree
    2004-01-03 08:52:43  jnazario [Reply | View]

    oops, i forgot to log in. it's me, jose nazario, who wrote that last comment.

    i hope all is well.

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