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Author Topic: Odd clause in Random House contracts  (Read 5781 times)

Offline LizW65

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Odd clause in Random House contracts
« on: September 02, 2008, 01:03:59 PM »
Smart Bitches, Trashy books has recently drawn attention to the following clause in the contracts of some of Random House's YA authors:

<<If you act or behave in a way which damages your reputation as a person suitable to work with or be associated with children, and consequently the market for or value of the work is seriously diminished, and we may (at our option) take any of the following actions: Delay publication / Renegotiate advance / Terminate the agreement.” >>

I'm curious as to whether any of the published authors here have encountered such a clause in their contracts, and if so, what exactly it's referring to.  It's been assumed over at SBTB that it refers specifically to pedophilia, but on the other hand it's written so broadly that it could constitute a serious invasion of privacy.  Does RH have the right to terminate a contract over an author's political or religious views, sexual orientation, or because he/she is:  divorced/polyamorous/likes to dress as a Goth/enjoys a cocktail in public/whatever?  Thoughts?
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Offline Mickey Finn

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Re: Odd clause in Random House contracts
« Reply #1 on: September 02, 2008, 03:35:23 PM »
In business, yes.

And the author can sue, of course. But if the house can show damages to sales due to the author's rep going down the drain in the eyes of the customers, they will likely lose.

That clause is specifically in reference to the rep of the author, for public actions, not for them to suddenly decide they don't like you.
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Offline Guardian 452

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Re: Odd clause in Random House contracts
« Reply #2 on: September 03, 2008, 01:47:02 PM »
Just reading that, I think the key words may be public actions.

As someone mentioned sexual orientation, I'm going to harp on that one.  I'm assuming (on the legality side of things) it means that simply being gay, for example, wouldn't be enough for them to act (and if they did, then you could have a case to sue).  Doing something illegal (pedophilia, public exposure) would.

If I'm reading this right, the clause applies to your public life...not your private one.  In other words, if you're arrested, that sort of thing then you could have an issue.

Is this sort of thing standard in book contracts?
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