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PROBLEMS IN RECEIVING ROYALTIES FROM PUBLISHER
My non-fiction book was published by a UK small independent publisher, Woodfield Publishers, in 2002 - (http://www.woodfieldpublishing.co.uk/contents/en-uk/d69_woodfield-publishing-latest-books.html ). I did not pay any money to them to publish my book.
The contract stipulated that I would not receive any royalties until 200 copies were sold of the Print on Demand book. Since that time I have sent queries, every year or so, but they have always replied that since 200 copies have not yet been sold I am not due any royalties.
My contract stipulates, The Author hereby grants to the Publishers, during the legal term of copyright, the exclusive right of producing and publishing and selling in volume form either as a whole or in part in all languages and in all countries. There is no mention in the contract of what "legal term of copyright" means - I am assuming they have tied me in to 50 years or so - am I correct?
A few years ago I asked permission from the publisher to cancel the contract as I had an American publisher interested in my book. Woodfield refused unless they were offered a 'substantial sum' by the new publisher.
Surely, after 10 years without any remuneration, I should be entitled to leave these contractual obligations. Or am I stuck for life?
The contract stipulated that I would not receive any royalties until 200 copies were sold of the Print on Demand book. Since that time I have sent queries, every year or so, but they have always replied that since 200 copies have not yet been sold I am not due any royalties.
My contract stipulates, The Author hereby grants to the Publishers, during the legal term of copyright, the exclusive right of producing and publishing and selling in volume form either as a whole or in part in all languages and in all countries. There is no mention in the contract of what "legal term of copyright" means - I am assuming they have tied me in to 50 years or so - am I correct?
A few years ago I asked permission from the publisher to cancel the contract as I had an American publisher interested in my book. Woodfield refused unless they were offered a 'substantial sum' by the new publisher.
Surely, after 10 years without any remuneration, I should be entitled to leave these contractual obligations. Or am I stuck for life?
Comments
You need to ask the publisher for sales figures for your book.
You also need to get your contract looked at by a professional- the Society of Authors has this service for members.
I know it doesn't help now, but never ever sign a contract with terms you are not clear on and don't understand completely.
Good luck in sorting this out.
http://www.novelrank.com/
I assume that there is no termination clause at all? If not, all I can suggest is that you publish it as an ebook (if that's suited to the book) because I doubt your contract covers ebooks. Generally most publishers weren't back then. I hope that is the case.
I also think that even if they haven't sold 200 copies they should still be sending you a yearly royalty statement to show how many books they have sold. There should be something in the contract about royalty statements. They don't have to just send them out when you are owed royalties.
Good luck:)
I think I'll contact the US publisher and see if they want to publish it as an ebook.Thanks Jenthom72
Thanks also to writebag - I will be checking this out.
Reminder: this thread is NOT private.
Hi, Durham Author. Have you checked the 'Editors & Preditors' (or vice versa) site and any similar ones - may be mentioned on 'Useful websites' which I think is a Talkback sticky thread - for adverse comments about your publisher? And Googled them?
Have you checked Amazon/anywhere else to see what else they publish? I was wondering if anyone else has experienced problems - you may find something useful (contact details, sales?).
Have you asked Webbo - oh, Webbo! - if he/his legal department have any idea how you stand? (Have you signed an unfair contract, for example?) And how you extricate yourself?
Best of luck!
If there were any get-outs, like this: [quote=durhamauthor]Surely, after 10 years without any remuneration, I should be entitled to leave these contractual obligations. Or am I stuck for life?[/quote]
your contract would say so, which it sounds like it doesn't, so you might need to demonstrate that the contract was never fair > legal advice!