How a Consumer Hired a Lawyer to Review a Book Publishing Agreement in Washington (August 2023)

You likely have more leverage than the termination clause alone. A publisher that took payment for services it never delivered, ignored a promotion commitment, and now refuses to respond has its own performance problems under the agreement, and those may matter more than the three-year sales trigger. The specifics of your contract control, including its termination, notice, refund, and governing law provisions, and the Tennessee and Oklahoma pieces need to be handled in the right order. I'm licensed in Tennessee and my firm has an Oklahoma-licensed attorney who has published multiple books, so we can review the agreement and lay out your options for a flat fee. Feel free to request a proposal.

Based on what you’ve described and how Connecticut law generally works, it sounds like you probably have a solid basis for ending your publishing agreement. The important thing is understanding how contract law in Connecticut applies to your situation, and then following the right steps to protect your rights as you move forward. Let’s start with the big picture. Under Connecticut law, if a publisher commits a material breach, you have the right to terminate the contract. That means they’ve failed in such a significant way that the whole purpose of the agreement is essentially defeated. In publishing, this might look like missed deadlines over and over, poor editing that damages your reputation, or a total failure to do any of the marketing they promised. When you look at all the problems you’ve mentioned together, it’s likely enough to qualify as material breach. Now, it’s not about one minor slip-up. Courts look at everything in context. One late email won’t cut it, but if there’s a pattern of delays, low-quality work, and no real marketing effort, that adds up to something more serious. That’s when a court is more likely to say the breach is material. Next, you’ll want to take a close look at your contract. Most publishing agreements include a section about termination. Look for phrases like “material breach,” “cure period,” or “reversion of rights.” Many of these clauses will require you to give notice—typically 30 to 60 days—before you can walk away. Some agreements even say that if the publisher misses a key milestone, like a publication deadline, and doesn’t fix it within a set window, you can end things automatically. Also, check what the contract says about advance payments. In most cases, if they breach first, you keep the advance and get your rights back. Just be sure to see if there’s a clause about legal fees, because some contracts say you could owe their attorney’s costs if they challenge your termination and win. The type of publisher matters, too. If you signed with a traditional publisher that paid you an advance and took on the financial risk, courts usually hold them to a higher standard. But if it’s a hybrid or vanity publisher and you paid upfront, it’s more like a service contract. That can change how a judge sees each party’s obligations and how they interpret what “performance” really means in your case. Before you do anything official, put together a timeline that shows missed deadlines, poor communication, weak deliverables, and anything else that supports your case. Save all emails, notes, and written promises. If the editing was sloppy, point to specific examples that show real, objective problems, not just stylistic preferences. Same with marketing. What were you promised, and what did you actually get? All of this documentation will help in two ways. First, it strengthens your legal position. Second, it gives you clear, credible language for your notice letter. Speaking of notice, Connecticut law typically expects you to give the other party a chance to fix things before ending the contract. That means sending a formal letter that spells out what they’ve done wrong, points to the relevant sections of your agreement, and gives them a chance to cure the problems, either within the timeframe listed in the contract or, if there isn’t one, within a “reasonable” period. Be specific. Don’t just say “the editing was bad.” Say something like, “Failure to provide professional editing services under Section X, resulting in multiple grammatical errors and inconsistencies that reduce the manuscript’s professional quality.” Clarity here matters, especially if the situation ends up in dispute. If they don’t fix the issues in time, then you’re in a position to send a formal termination notice. If that happens, your rights usually revert back to you, and you’re free to publish elsewhere. You typically won’t owe back the advance either, assuming the breach was on their side. Just keep an eye out for any non-compete clauses or restrictions that could delay your ability to republish the same work right away. Of course, sometimes you can resolve things without pulling the plug completely. If you think there’s still a chance to salvage the relationship—or if the publisher seems willing to talk—it might be worth having a direct conversation. You could end up with a mutual termination or at least avoid legal headaches. That said, you don’t have to keep tolerating poor performance just to avoid conflict. If they’re harming your book or your reputation, it’s absolutely reasonable to consider legal options. Finally, while you can handle much of this yourself, getting a lawyer involved might be a smart move, especially if the contract has any fee-shifting provisions or vague language. An attorney can help you assess how strong your case is, draft the notice properly, and make sure you don’t accidentally create liability while trying to assert your rights. They can also tell you if you might be entitled to any damages beyond simply walking away, such as lost sales or reputational harm.