Legal Question in Entertainment Law in New York

Re: Book Publishing

In a book situation it probably means that the holder of the right, in your case the publisher who buys the book or your last publisher who maintains this right for your next work, may match any offer you get. In an auction situation, someone may have made a bid which includes a right of last refusal. This would be rare unless that someone paid for the right. If you'd like to discuss please feel free to call for an initial complimentary consult. Of course, my answer would be subject to modification if the actual facts were presented.

Re: Book Publishing

A right of last refusal basically means that although you're free to negotiate with others, before closing any deal, you must first offer the same terms to the holder of the last refusal right, who then has a period of time (often a long time) in which to decide whether to match those terms.

As a practical matter, this can make it very hard to even negotiate with third parties, because they'll be reluctant to deal if they believe someone else will match their terms.

This kind of clause is very unusual and onerous. Avoid it if at all possible.

A lawyer familiar with book publishing deals will undoubtedly help you negotiate more favorable terms. Consult one... it's worth the investment of time and money.