What to do about an on demand publisher who is selling outside of his contract?
@PointlessQuestions (15397)
United States
September 16, 2011 5:04pm CST
I had a contract with a small time publisher for my first book of poetry. He had publishing rights to my book for 2 years. The contract has been null and void for about 3 years now. I had checked from time to time to be sure that I don't see my book on his website. Low and behold I saw it the other day. It has a new cover, and it is still on sale for $5.95.
If he is selling any of these books, I'm not getting the commission that I am supposed to get. The only time I got a commission was when I ordered my own books for presents for folks at Christmas a few years back.
My question is, should I contact him and ask why he is selling my book when his contract with me is over? He has no right to publish after the 2 year life of the contract.
I don't have the contract anymore to actually get a lawyer about it. I lost the book I had it in when I moved here in 2008. Thus, I cannot prove that he is selling outside of my contract with him.
Since I think, if he is selling my book, he isn't giving me my royalty. There is no way for me to know how many of my books have been sold (if any). It's not like I'm going to get rich with it.. it's the principle of the thing.
While I had the contract with him, I could not publish any of my poems online or anything.. the time limit has passed and I can do what I want to now... but should I say anything to him about why he is selling past his contract with me? He doesn't own the publishing rights anymore.
What would you do?
3 people like this
6 responses
@hardworkinggurl (37063)
• United States
16 Sep 11
Yeah I am not expert in this area but I agree with Spike above. Even with no contract he would have to prove he has your permission to do so is my first thought. I wonder if one of those attorneys will at least hear you out at no fee unless you win type of deals.
Gosh yes you need to get this heard by someone, as this is not right without your consent.
@hardworkinggurl (37063)
• United States
17 Sep 11
Oh wow, but maybe you can contact one of the ones Spike mentioned to be sure. Just for a second opinion per se. You are right there is no way of knowing how many in fact he sold. 
@PointlessQuestions (15397)
• United States
16 Sep 11
Yeah, for a long time it wasn't up there, and then I just happened by the publisher's website and there was my book again for sale. I took a screen shot of it like you suggested under Spike.
1 person likes this
@PointlessQuestions (15397)
• United States
17 Sep 11
HWG.. see above what I wrote to Spike... I think i am screwed... cause he owns the ISBN number which gives him 50 years in the library of congress.. but I still own the copyright to the material.. I just don't know where I stand.
1 person likes this
@SpikeTheLobster (6403)
•
16 Sep 11
You definitely need to do something. Even without a contract to hand, you could probably shut him down for copyright infringement, since it's your work and has your name on it.
In a situation like this, you need some more professional advice than I have - I'd suggest contacting someone like Writer Beware: they KNOW this stuff and they'll also want to know about a publisher doing bad stuff - so you'd get an answer and help other people. They have TONS of resources on-site as well: a really impressive place.
http://www.sfwa.org/for-authors/writer-beware/
and their blog is at http://accrispin.blogspot.com/ (there's a contact email on that page - Victoria Strauss is awesome)
Give that a shot and see if they can advise.
1 person likes this
@PointlessQuestions (15397)
• United States
16 Sep 11
Thank you Spike. I was hoping you would see this and give some guidance. I had no idea, short of contacting the company myself.. which I do plan to do. I'm going to ask him to take my book off his online store, since he isn't giving me any royalties anyway.
2 people like this
@SpikeTheLobster (6403)
•
16 Sep 11
You can always pop me a message if you think I might know something you need, milady. I won't get upset - that's why you're on my friends list. Silly bean. 
Definitely worth contacting him to see why he's selling it again: it may be a mistake or it may be dodgy. Either way, you need to know AND you need to be paid any royalties. You could probably sue his pants off, too, though I don't know about that.
Definitely worth contacting him to see why he's selling it again: it may be a mistake or it may be dodgy. Either way, you need to know AND you need to be paid any royalties. You could probably sue his pants off, too, though I don't know about that.@SpikeTheLobster (6403)
•
16 Sep 11
Incidentally, there are other places you could probably ask - Writer's Market, Anne's aboutfreelancewriting.com, any of the creative writing communities (Scribophile, Authonomy, etc.). Writer Beware just popped into my head because they really know their stuff and if he's a dodgy publisher, they'll be interested to know (which gives you a better chance of a reply).
@MsTickle (25180)
• Australia
24 Sep 11
I'm not sure i understand. Once the book is published initially, don't the rights revert to you? Don't you have copyright? Maybe what you have seen is still the first print run?
The way I understand it is he can publish the book and print a certain number but then his part in it is over. I( think it's the copyright laws you need to check. Whoever owns the rights to the book can do what they like with it.
@stephcjh (38473)
• United States
17 Sep 11
I would definitely contact him and get the answers to your questions that concern you. I would definitely seek the royalty if there is any. I hope you can get proof of it somehow.
@PointlessQuestions (15397)
• United States
17 Sep 11
I sent my present agent all the info. The publisher says he only sold Six books in six years.
@dawnald (85146)
• Shingle Springs, California
12 Oct 11
Even without the contract, is it possible to consult a lawyer and at least see what your recourse is?
