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A Late Advance

Posted: November 8th, 2012, 10:46 pm
by AnnabelleBaxter
Does anyone have a problem with a publisher (I don't have an agent) paying out the advance on time? When I signed a contract, payment was to follow 30-45 days later. Well, 90 days later (and a couple e-mails, etc. requesting such), I have not received the advance OR even the countersigned contract. They have already sold the Australian rights to the book. I have not received a response from my e-mails indicating when I can expect the check or even a "hey, sorry."

I am particularly frustrated because this book was self-published and was earning a somewhat decent monthly income. After I signed the contract, they requested that I take it down from Amazon, which I promptly did. Meanwhile, I had the sense to retain my U.K. rights and still earn money from selling it via Amazon in the U.K. I feel like I have been patient and polite, yet firmly nudged them to hurry along with the check. I can't help but wish I had never signed and just kep selling on my own. Amazon pays like clockwork.

Any thoughts/comments would be greatly appreciated. The advance is extremely small, but I'm struggling financially so every bit helps.

Re: A Late Advance

Posted: November 11th, 2012, 9:18 pm
by luci2also
Hi,

I've not published traditionally.
People might be interested in knowing what publisher this is.

On another note: I see that you self published and had the rights.

Did these people approach you or did you query them.

If they approached you almost out of the blue I'd me concerned.
If they responded to a query that would make more sense and perhaps they just have a slow paced way of balancing their books.
I have heard of instances where a publisher buys rights and shelves the book because of economy and demand for that type of book.
Haven't heard payments not coming in. You might want to look at your contract and see if there are clauses and stipulations.
If they have sold rights and you still haven't heard anything I'd be very concerned.

Re: A Late Advance

Posted: November 12th, 2012, 11:51 am
by klbritt
This would be a great "Ask Nathan" question. Good luck.

Re: A Late Advance

Posted: November 16th, 2012, 12:14 am
by AnnabelleBaxter
The publisher responded to a query. I retained UK rights but not US. I actually received the payment a couple days after posting, although the advance was still quite late.

In my opinion, Amazon has been the best in paying on time....makes me lean a bit more to self-publishing the next one.

Re: A Late Advance

Posted: December 1st, 2012, 10:04 am
by Nathan Bransford
Publishers will generally drag their feet on paying advances for an appalling length of time. Another good reason to have an agent.

Re: A Late Advance

Posted: December 5th, 2012, 2:07 pm
by Mira
Annabella, did you consult a lawyer when you signed the contract? If so, go back to the lawyer, and have him take a look at your contract for your legal rights in this situation.

If you didn't use a lawyer, you might check out David at Passive Guy. He's an intellectual property laywer, and he's working with many author contracts. His site and contact information is;

http://www.thepassivevoice.com/

This is just me, but I wouldn't worry right now about playing nice. The worst that could happen - they drop you, because you make a fuss. So, then you still get to keep the advance, and you can go back to putting your book on Amazon.

It is disrespectful and bad business for them to treat you this way. Be aware that they are in the wrong here.