QUESTION

How much compensation can a publisher require of an editor for mistakes in editing content?

Asked on Aug 25th, 2012 on Personal Injury - Michigan
More details to this question:
I edited a book in late 2010 that began selling in March 2012. Two weeks ago, I received a call from the publisher saying that readers were calling in with errors in the content, and that they were going to recall all of their books. Holding me responsible for the errors, they are asking me to pay for the cost of re-editing and re-publishing the books, including the cost of computer editing, film, paper, binding, and shipping (about $60,000). Nothing in the contract applies here. Except for a clause that says that if the publisher is unhappy with the editing, they can ask for a re-edit at no extra charge within 30 days. It has been a year and a half. I think that my compensation should cover a refund of my original editing fee ($3,000), and I am willing to buy out the first edition (with the errors), including the copies that have not been sold yet. However, if the publisher was planning to print a second edition anyway which they were, I do not see how I would have to pay for the cost of paper, binding, etc. This is a foreign-language vocabulary book, and the errors in question are what the publisher feels are incomplete or incorrect translations not the entire book. I concede that there are errors, as there are prone to be when publishing a book with 15,000 example sentences, and want to settle, but the gap between what I think I should pay (about $5,000-6,000) and what they are asking ($50,000-60,000) is so ridiculously large that even a halfway point would seem ludicrous to me. How good of a case do they have?
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14 ANSWERS

Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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This is way too complicated to deal with in this forum. You need to get an experienced contract lawyer, go over the documents and enter into negotiations with the publisher. Otherwise, you will be out-gunned. They've got their lawyers, you can't afford to remain unrepresented.
Answered on Sep 07th, 2012 at 10:42 AM

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They have to follow the contract. Offer to pay for the first run. That's enough. As for the second run . . . they should have it rechecked anyway.
Answered on Aug 29th, 2012 at 11:23 PM

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Personal Injury — Plaintiff Attorney serving Taylor, MI at Downriver Injury & Auto Law
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This is a stupid lawsuit. I would call their bluff and see if they sue. Your offer is very generous.
Answered on Aug 29th, 2012 at 10:30 PM

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Personal Injury Attorney serving Portland, OR at Law Offices of Thomas Patton
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I think I would rely upon the contract clause you cite. I think you have a solid argument, and may pay nothing (other than attorney fees, unless those are also provided for in the contract).
Answered on Aug 29th, 2012 at 7:32 PM

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Insurance Defense Litigation Attorney serving Auburn, CA at Graves Law Offices
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It sounds as if they have a claim for the negligent editing, however, also sounds like that was addressed in the contract and they had 30 days to catch that and can ask for a regarding-edit. Seems to me the fair thing is for you to edit for free, especially if they were going to release a 2nd Edition. Your willingness to buy out the first edition should be more than sufficient, however, if the editing contract has an attorney's fees clause that is where any suit could be expensive. If they are inclined to push it would suggest you mediate their claim and contact some local counsel regarding finding a mutually agreeable mediator.
Answered on Aug 29th, 2012 at 7:24 PM

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Thomas Edward Gates
The terms of your contract should be the only thing you use to determine what payment, if any, is due. Do not offer more than that as, once you make a higher offer, you can never go back.
Answered on Aug 29th, 2012 at 2:50 PM

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Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
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You need to meet with an experienced civil/contract law attorney so he can review all the relevant documents.
Answered on Aug 29th, 2012 at 2:44 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It will have to do with your contracts and agreements. It sounds as if you are being reasonable but without the facts a firm opinion is impossible.
Answered on Aug 29th, 2012 at 2:32 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Depends how serious your errors were. Since negotiation is not likely to produce a settlement, I would say nothing more and ignore them. They may eventually move on. They may sue you to. If so, don't ignore it. Look at the paragraphs, deny the things they allege and make them pin you down.
Answered on Aug 29th, 2012 at 2:09 PM

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Ronald A. Steinberg
I would have to read the contract for the details, but in general, if one breaches a contract, they are responsible for all of the foreseeable damages that flow from that breach. You breached your contract, probably, especially since you are not talking about typographical errors-you said "errors in content." That is significant. I suspect that you are on the hook for the money. It would be worth your while to hire an attorney.
Answered on Aug 29th, 2012 at 2:02 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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If your job was to edit and you did a poor job you have breached the contract and the question is what are the damages for the breach. What they want and what they might prove in court may be quite different things. You need a good contract lawyer who is familiar with the publishing world. Someone needs to know what business standards are in such cases.
Answered on Aug 28th, 2012 at 9:59 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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It is hard to say without reading the contract, knowing all of the facts, knowing what is customary in the industry for such defects. One practical question is whether you own any property, real estate, stocks, large bank accounts, from which a judgment can be collected (you can have up to $50,000.00 in a house in SC that is exempt from execution on a judgment). If you have no assets, and judgment they get will be worthless. This can be enormous leverage in settling a suit. There are many other questions. Did you perform the contract, and are your errors acceptable in the industry? If so, they get nothing. Were the consequential damages they seek of the type that would have been within the contemplation of the parties (if so, why was the provision for free re-editing put in?)? there are arguments on both sides. Good luck.
Answered on Aug 28th, 2012 at 9:56 PM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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The contract is the key. You will certainly be assisted by an attorney who can examine the contract and then advise you.
Answered on Aug 28th, 2012 at 10:58 AM

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Appellate Practice Attorney serving Bloomfield Hills, MI at Law Office of William L. Spern
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The contract controls the situation. Pay only what you are required under the contract, if applicable.
Answered on Aug 28th, 2012 at 10:57 AM

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