Big publisher, late contract

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Griffin McPherson

@San ugh, this sounds really stressful. I don’t have anything published so I don’t have any experience to add to this but I hope some others here can share some advice. I’d be curious to know how common this sort of thing is

@Griffin-McPherson Thanks for replying. That's what I'm wondering. Am I just a bit unlucky and this contract is taking long or is this the way that publishing works?

hue

Hi @san I'm sorry to hear your story.

I signed with my publisher a while ago. The negotiation process (between my agent and the publisher took about 6 months ... ). So the time frame of your negotiation process sounds fine. While my publisher never asked me to do anything until l have received their first payment.

From my understanding, if you are delivering art late because the publisher hasn't made any payment yet, it should not be your responsibility. Have you ever asked your agent if it is possible to push back the due dates based on the signing date?

Jeremy Ross

Hi @San, I think it’s unreasonable to expect you to start working before the contract is fully executed. Any work you do is at risk, since there’s no obligation to pay you until the deal is signed.

Also, the milestones should be based on the contract effective date, which is usually the date both parties have signed. Any accelerated deliverables should be paid on a premium basis, if you agree.

Just my thoughts.

@hue Thank you for your comment.
It brings me some comfort to know that a 6 month negotiation process is not out of the ordinary.

Unfortunately pushing the dates is not going to work. I will get started on my second book for the publisher in November with delivery date in May if I a push the dates I might end up with two delivery dates too close to each other.

@Jeremy-Ross thank you for taking the time to comment.
As far as I understand the emails we exchanged are legally binding. The email mentions the schedule, the advance, the royalty percentages, the type of rights etc. The agent assured me in writing that the deal with the publisher is closed. That being said I was absolutely shocked when I got the email saying the contract could take as much as 6 months, It did felt unreasonable.
Illustrating children's book have been a long and difficult journey and the offers I received since joining the agency are far better than what I could imagine, but this situation is very frustrating and not what I expected from working with my dream publisher.

Jeremy Ross

Hi @San, no problem. You are correct, emails are legally binding; however, the contract is essential.

I suggest you check the terms to see if the publisher is obligated to pay you for any rendered services prior to the contract being executed.

The publisher is not acting in good faith by not providing the signed agreement.

Nyrryl Cadiz

@San Hi. This is all sounding too fishy. I've been agented before but I haven't experienced a very late contract such as this. Has this agent worked with you on any projects prior to this one?

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Nyrryl Cadiz

@San wow, i must say that does sound legit. it must be best that you just wait this out. if they're paying you enough, then it will be all worth it.

@Nyrryl-Cadiz Yes I do think that is the smartest thing to do. Thank you for taking the time to read and answer my post.

lpetiti

@San It doesn't sound so much like a traditional scam as it does that they're almost taking advantage of you. Definitely wait it out, but also look at what they are supposed to deliver on their end of the contract. I agree with what others said, they are not acting in good faith. I wouldn't do a quick turnaround time for anything related to the project without getting compensated at least a little bit up front in addition to what you will already be receiving.

Dan Tavis

@San I've done books with 2 of the big publishers and I've been in a similar situation as you. The publisher were in a rush to get the book printed and published before the holidays so I ended working on the book while waiting for the contract to be officially signed and paid for. They're such huge companies that they usually have to have multiple people sign off on contracts and payments which can create long delays. Small publishers some times have delays as well, for example I finished final artwork for a book months ago and I'm still waiting for the last check.

Based on what you've mentioned waiting it out is the best thing to do even though it can be incredibly frustrating

@Dan-Tavis Thank you so much for your comment and for sharing your experience. I do think they are in a rush to have the book ready so I will just keep working on it .

@lpetiti Thanks for the comment, I will wait out and see.