Simon & Schuster Countersues Author for Breaching Book Exclusivity Agreement

Author Martin Yate violated the terms of a May 2017 publishing agreement with Simon & Schuster governing the physical and electronic distribution of his book, Knock 'em Dead: The Ultimate Job Search Guide, alleged S&S’s counterclaim Tuesday (docket 1:23-cv-12896) in U.S. District Court for Massachusetts in Boston. Yate’s Nov. 29 complaint alleged that S&S took his career and business management titles it published and turned them into collections, without Yate’s knowledge and without paying him royalties (see 2311300010). S&S alleges that under the 2017 agreement, Yate granted S&S the exclusive right to publish, reproduce and distribute Knock 'em Dead and its derivatives in print and electronic formats, and to exercise and grant to third parties any rights to the book throughout the world, said the counterclaim. But Yate began offering the book for sale on his own website in violation of the exclusive rights granted to S&S under the agreement, it said. When S&S confronted Yate about the violation, Yate password-protected his website, it said. Yate’s conduct “constitutes a material breach” of the agreement. His breach of contract caused S&S damages for which Yates is liable, it said.