Contract query

RobeH1979

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Hello all, I wonder if I could ask for some advice on here, please.

In 2012 I signed a contract with a publisher for one book, a historical novel. The book sold poorly and I eventually decided to ask if the contract could be terminated, as it suited neither party and I was/am confident that the book would do better self-published via Amazon. The responses were varied: at one point the publisher indicated the book would be deleted from their roster in November 2016, but that didn't happen. When I sent a further query, the response was along the lines of "we have been through this before, what are you doing to sell the book?" Since then, no response. My emails are ignored.

I happen to know, from talking to other authors who were signed with the same publisher, that they had their books deleted and rights returned upon request. In that context, I don't see why mine should be retained against my will. I have pored over the contract and there is nothing obvious regarding duration of contract.

In short, can I ask for some advice? I don't know how to proceed.

Thank you.
 

RobeH1979

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And how long do they hold the rights to this thing?

That's part of the problem. I've looked through the contract and I can't see anything relating to their maintenance of rights. Is there an 'industry standard'?
 

Drachen Jager

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My advice is be polite but persistent and read your contract more carefully next time.

If they have a contract that says they hold the rights indefinitely then you can't force them to do anything.

Also, this is the wrong sub-forum, I contacted the mods so they'll probably move it soon.
 

CaoPaux

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Unfortunately, without knowing who/what we're talking about we can only advise in the most general terms, so moving to General Discussions.

More blanket advice: contact Writer Beware, and plumb their blog for what to look/watch for in a contract, as well as how to cope with a bad one. (To assist, there's a handy dandy Index of it, here.)