Contracts

Could you put in a link to the publisher? It will help to know if they're a scam operation you got into by mistake or if they're well-meaning but inept.

If they're a truly professional operation, then you may have nothing to worry about. The pros play by the rules as it's bad for business and their reputation to do otherwise.

do they have the right to continue to sell my books or do they have to cease all selling activities?

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Your contract should have those questions addressed. Check the fine print and let us know?

If that point was left out, once the contract expires you should have control of your books back. If they're an epub or POD with no books sitting in a warehouse, then they won't have anything to sell. If they continue to sell your stuff and "forget" to send you your royalties then you can get legally snarky.

What if they don’t send a letter or an acknowledgment?

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You keep writing until they do. Even Publish America will release folk if you pester them enough.

Some words of wisdom from Pete Townsend (How Many Friends?):

When I first signed a contract it was more than a handshake then.
I know it still is, but there's a plain fact
We talk so much sh*t behind each other's back I get the willies.

As Gillhoughly notes, it ought to be in your contract. But most contracts aren't "three year contracts," either, so yours sounds nonstandard.

The usual clause specifies that rights revert once the book is no longer "in print." Of course, the emergence of ePubbing and POD have raised questions as to what the heck "in print" means.

I think this thread ought to be moved to Bewares and Background Checks, and that you ought to mention the publisher. Sounds like someone folks need to be warned about.

That's a non-standard contract for sure.

I have contracts with several publishers, but for titles, not a time period.

You'll have to ask for a physical count of the books they have warehoused.

If it's a few hundred (not likely) those will be remaindered, and I don't think you get a royalty on those. It's a common practice with large publishers. They sell them for a buck each, then the other party sells them for a few bucks more. Publishers do that to offset the original printing costs for a book that has low sales.

I've bought my own out of print titles that way and sell them from my website.

Here's one such place I often shop at for books in general:

http://www.bookcloseouts.com

We just don't have enough information to go on to be of better help. Are they a large print publisher? Small press? POD? E-books? Vanity? The rules vary with the venue.

Be grateful it's not a 7 year contract with Publish America. Good luck on getting your rights back.

rocketman said:

Thanks for the input. The contract does state the rights revert to the author. My question is how can you stop them from selling the remaining books they have on hand. Of course I'm not interested in buying their remaining copies that could be in the hundreds.

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Why do you want to stop them from selling the remaining copies of the book? As long as they pay your share of the money...

On the other hand, it could be an issue if you give it a home with a new publisher.

When the end date is close, I would send a certified letter stating your intention to sever the relationship. (Don't want to get trapped in any automatic renewals.) You might also include a request for a complete accounting, inventory status, etc.