1. Ratattack
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    Ratattack New Member

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    Problem with contract-need help please!

    Discussion in 'Publishing' started by Ratattack, Apr 18, 2010.

    Hi all. Would really appreciate some help.
    I had a book published with publisher 1 who then went out of business and the next thing I knew was published by publisher no.2. The 2nd printing omitted my copyright details. I was never consulted by publisher 1 or 2 that a reprint was ever going to happen. The first I knew of it all was when I saw the reprint advertised for sale. My contract with publisher 1 was never anulled nor was a new contract drawn up with publisher 2.
    My original contract does not specifically say this cannot happen but is there an unwritten law that follows a code of ethics?
    I contacted publisher 2 because publisher 1 was no longer contactable and he offered me a one off payment as goodwill, I was advised by another established author to accept this and I now realise this was very naive.
    I have never recieved a closure contract, my 2nd copy with publisher2 does not even carry my name with copyright symbol, other books with this publisher (who really is a book distributor and seller) do carry this author copyright. Publisher 2 has been selling my book for 11 years and I have had no royalty payments for this.
    One.Is my contract with publisher 1 null and void due to him going out of business ? Two. Now I have been offered a new contract by a different publisher for a brand new book on the same subject, will this be a problem as I would say the new book will generate great interest on this subject and buyers will certainly be buying the new offering rather than the old one?Am I likely to be in breach of original contract or indeed does it still exist ? After all I could not offer this to a publisher who appears to be out of business. Many thanks.
     
  2. Cogito
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    Cogito Former Mod, Retired Supporter Contributor

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    You should contact a literary attorney, not a newsgroup over something like this. But unless you have a signed contract in which you have granted reprint rights, whoever is selling your work has violated copyright law.
     
  3. Ratattack
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    Ratattack New Member

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    Thank you Cogito, I would also like to hear from anyone who has experienced the same. Will be speaing to literary lawyer soon.
     
  4. mammamaia
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    mammamaia nit-picker-in-chief Contributor

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    cog is right... see a literary attorney ASAP!... why you waited 11 years before seeing a lawyer is a puzzler... let's hope there's no statute of limitations on such crimes...

    and don't rely on anything anyone else says in re their own opinion or experience... listen only to your attorney!
     

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