I posted this on a blog here but thought it would be better served to ask the question in this forum.
When a publisher says they have turned over the operations of the company to a person who had been involved behinds the scenes doing editing/design work, does that mean they have sold the company?
An author friend of mine had this happen. She has more than a couple of ways to terminate the contract and wants to do so. They have not paid her any monies or given her any statements of account in over a year. The contract states there are specific times they have to do so.
She has tried to contact them but the website is gone as well as their presence on online social media sites. How would she go about this other than sending a letter stating this to the last known address? She wants to republish the book.
Looking forward to your answers. Thanks
Tags: contract, operations, over, sold, termination, turned
Permalink Reply by Shawn Lamb on April 28, 2012 at 10:39am Get a lawyer. A company like this will stonewall an author, but if she has a lawyer, they will be more likely to respond. Also, if she documents everything she's done to contact and has informed a lawyer, and the company tried to take future legal action, she had a paper trail of how she attempted to contact them to terminate the contract.
The lawyer can also advise her if there is a statue of limitations and how to continue.
Wow. Sorry to hear that this happened to your friend, Cindy. I don't know what she should do, but like Shawn suggested, getting a lawyer might be a good idea to help her sort things out. Good luck to her.
Permalink Reply by Carolyn Barbre on April 30, 2012 at 4:47am Hi Cindy
I have found two sites that are operated by intellectual property attorneys. www.citimedialaw.org operated "courtsy of the Citizen Media Law Project at Harvard's Berkman Center for Internet and Society. and www.thepassivevoice.com who dispenses countless common sense observations on legal delimmas but says none of it constitutes legal advice. He does have info on contacting him for legal advice. For legal qurestions you really need to go to the pros. Good luck.
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