Wednesday, March 9, 2011

Is Your Contract Valid?

Several authors on a loop I'm on have been discussing this issue, and frankly I'm just as confused.

Because of an electronics act by Congress, typing in your "signature" on an emailed contract is considered valid.

But if your publisher does not sign it, and does not snail mail you back a signed paper copy, is the contract valid?

3 comments:

Joan Reeves said...

Hi, Linda,

I'm writing about XinXii and have info from their CEO, but I want to interview some American authors who are publishing with their English language sector.

I chose you because you also live in Texas.

If you'd be willing to answer some questions, please email me at:

joan at joanreeves dot com (place REAL LIVE PERSON in the subject box).

I'll be posting the article to both my blogs.

Thanks.
Joan Reeves

Joan Reeves said...

Hi, Linda,

I'm at my Hill Country house through the weekend. I received your responses, but opened it on desktop pc at home before I left so can't find your email hence using your Comment form again.

Sorry about the redundancy of questions 7 and 10. Shouldn't compose questionnaires after a tiring day! *g*

Had a followup question for you regarding your interpretation of VAT which I'll send next week when I return to my office.

Best regards,
Joan Reeves

Diana Castilleja said...

Legally no.

Both acting parties in a legal agreement must show acceptance. So both parties must have an enacted copy of the other's participation to be valid.

If an author doesn't have a completedy contract from their publisher, in either written or electronic format, ask for one.

Do you sign for a car and the dealer not sign? Do you buy a house and not have the seller, builder and bank sign it over? Do you use your credit card without first agreeing to their terms? All of these are two-part agreements. An author/publisher contract is no less.