THE Group for Authors! discussion

Ashley,

With all due respect you're asking for legal advice about how to evade or avoid the consequences of a contract you signed. That's a question no one can possibly answer for multiple reasons.

First, we don't know what the exact language of the non-compete clause you're referring to is. What you are and/or are not permitted to do depends not only on that particular language, but I'm relatively certain that most states...assuming you're in one of the American ones...base contract interpretation on the entire contract and not just one particular segment.

Second, the validity of a non-compete clause depends on the law of the state which governs the contract. If you live in Michigan and the publisher is based in Florida, there's probably a provision somewhere that states what law governs. The odds are it's going to be Florida law in this hypothetical, but it could be Alaska for whatever reason.

Third, your post creates the impression you want to do something you're fairly certain violates the non-compete clause(s) in your contract(s). If that's an accurate interpretation of your words, then what you need is a lawyer with expertise in publishing law/contracts, and with expertise in the state law which governs the interpretation of the contract(s) at issue.

There may be folks who'll respond to this and say, "Hey, I did X to avoid my non-compete clause and got away with it." Or Y or Z or whatever. Since you'll have absolutely no idea whether the non-compete clause that was avoided/evaded has the remotest similarity to your factual situation, I suggest that deciding to do X yourself might not be in your best interests.

Bottom line: If you want to do something you think might be prohibited by a contract you signed, talk to a lawyer with the proper expertise. He may surprise you and say, "You want to do X, and that's actually not prohibited and here's why." Or she may say, "X is prohibited, but if you do Y, instead, you're okay."

I apologize if I've offended, as I had not intent to do so.

Eric

Regarding the signing any contract, regardless of the situation, purpose or intent, one should have one's attorney of choice review, critique and then advise prior to signing, not after the fact.

Eric wrote: "Ashley,

...asking for legal advice about how to evade or avoid the consequences of a contract you signed. ... I apologize if I've offended, as I had not intent to do so."

Kudos, Eric, for giving wise advice intended to be in the best interests of the person you are addressing. Your detailed reasons for this advice are impressive. I hope no one has any inclination to be offended by your comments - anyone who is is already bent on getting himself or herself into trouble. If directed at me, I'd appreciate your candor and your concern for my welfare. I have never entered any contracts of this kind, and may never, but I'll be saving these comments to my files for future reference.

It's never a bad idea to float all kinds of things, including publishing contracts and clauses, around fellow authors for feedback, shared experiences, warnings, etc.

Consider all the feedback, particularly anything (or any person/publisher) warned against. Take it as a starting point for further research. Lurk around these and other forums. Use as a set of concerns and issues to discuss with anyone offering you a contract and with your lawyer.

Actual legal advice, as others have already said, needs to come from qualified professionals. Preferably before signing anything or granting anyone rights to your work. Finding a loophole in something you already signed or how to interpret clauses -- consult qualified lawyer. Plenty of scary stories out there making it not worth the risk to not consult.

All the huge scary time and legal fees you hear about with court cases and legal actions -- don't apply to just having a qualified lawyer review the publishing contract prior signing. If contract is strange enough and requires enough negotiation and explanation that legal hours get racked up -- it ain't standard practice anything and should be treated with extra caution.

Can I ask about the rights of the writer globally? Because the writer often oppressed in our country, I think the East.

Ashley wrote: "hello,
I am not "bent on getting myself into trouble," as you put it, in any way. I am, if anything, "bent" on doing anything BUT that. To be honest, I don't see why you are posting in this thread ..."

Ashley, if you read my comment more closely, you will see that I am not assuming you are bent on getting yourself into trouble. I am giving Eric a thumbs-up for his helpful comments, and pointing out that "anyone who is [offended by Eric's comments]" is bent on getting into trouble. I am NOT assuming anything, including NOT assuming that you are offended by Eric's comments. You have no need to be offended by mine. I am baffled that any offense would be taken at my comments, which are not directed at anyone except as praise for Eric.

ريمة wrote: "Can I ask about the rights of the writer globally? Because the writer often oppressed in our country, I think the East."

There is no such thing as an international copyright law. Each country establishes and enforces its own. However, most countries, including the United States, have signed treaties among themselves to afford international protection. There are currently two such treaties in effect: The Berne Convention and the Universal Copyright Convention (UCC).

To ascertain whether or not a specific country has signed and respects these treaties one must obtain the services of an attorney that specializes in copyright law. Governments, including the United States, are not permitted to advise or offer recommendations pertaining to copyright law other than their own.

Jim
Very Well
you said:


The Berne Convention and the Universal Copyright Convention (UCC).
But do not you agree with me that the lawyer and other things like a new Public writer does not have the possibility to defend himself?
Do we look at the site shows that convention?
Thank you

Maybe there is some confusion between an author's "copy rights" over their creation ( the book or creative work as in intellectual property laws) and oppressing an author's "rights" (as in oppressing human rights or violating human rights or oppressing authors)?

With the first -- copyrights -- that's where UCC, Pan Amercan, Berne Convention and other agreements are of use. Meaning agreements between nations to respect particular copyright laws. Meaning that publishing your book in more than one country (a contract granting foreign publishing rights) is not always straightforward or simple -- find an experienced lawyer for such contracts. It's difficult enough understanding publishing contracts under your own country's contract and intellectual property laws.

This discussion turned to rights in multiple countries because initially wasn't sure if the contract question was for an American not publishing contract or something else. Sorry for any confusion. (And I may still be confused about the question.)

very good
I mean first of all, that the contract is not a generally useful, there is a possibility to steal his rights and overcome them, (because there who gets rights because it is close to the power, for example).
Secondly. I meant in the countries where the low reading rate, and there are few who writes so well, publishing and writing are weak, so being a violation of his rights, in general, the lack of honesty and accountability.
Thanks again

Ashley, thanks for the re-read. I glad we are on the same page now. Good luck with your contract issue!