Contract Questions [resolved]

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Dubhdara

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Hey everyone, I'm Darren, and I write horror!! Well, mostly..lol

A few writer friends of mine told me to come here to see if I could get some help/advice on a very serious issue I'm having with a publisher.

I signed a contract to get my collection of short stories published with a company almost two years ago, and since then there has been barely and contact with the publisher and when there is it's nothing but false promises.

Six weeks ago I sent an email asking to cancel my contract. After two follow up emails, two facebook posts to her wall, an instant facebook message to her, and I also got someone to pass a message on to her mobile phone, I still have heard nothing from her.

She has me trapped on a 72 month reversion of rights contact (stupidly I didn't see it when I signed) and with her ignoring Everyone who tries to make contact with her I cannot see anyway in which I can get free of this hell she's put me in.

There has been no activity from the press in over a year and she is ignoring everyone and everything to do with the press.

The last email I recieved from her was on the 5th March!!

I had a look around the forums and to be honest I don't even know which thread to post this plea for help in. Is there any way in which any of you could help/give me advice on what to do?

I'm at a loss, and I would be extremely grateful to anyone who could help me.

Thank you for reading this,
Dubhdara
 

regdog

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Dubhdara, copied your post for you.
 

CAWriter

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Is the reversion of rights designated specifically for when the book has gone out of print? (A book that has never gone into print can't really be considered to have gone out of print.)

Was there any clause in your contract that gave a time limit for publication? something to the effect of, "Publisher will publish the work within 18 months of receiving completed (or accepted) manuscript."?

If you really want to fight to get it back, it might be worth the time and expense to secure a literary attorney to go over your contract and send her a firmly worded letter requesting you to be released from the contract as she hasn't fulfilled their side of the contract in publishing the work.

I had trouble getting confirmation of reversion of rights after one of my books went out of print. It was published by a well-known publisher who was well-known for not reverting rights. I was told (even by one of their people) that I should send a certified letter claiming that this was confirmation of reversion of my rights unless the book was made available in print within 30 days. You might be able to do something similar--it will always carry more weight when on an attorney's letterhead.
 

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She has me trapped on a 72 month reversion of rights contact (stupidly I didn't see it when I signed) and with her ignoring Everyone who tries to make contact with her I cannot see anyway in which I can get free of this hell she's put me in.

1. It depends entirely on your contract

2. You need an attorney.
 

Kylabelle

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Darren, I realize that when I first read your post I took it that the collection has not yet seen print, but on a second read I am not sure.

Is your book in print, or not?

That may not bear on the legal issue at all but I wanted to know.

Thanks and good luck!
 

Dubhdara

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Hey guys, I've just posted this on my original post. But I woke up today to say that my contract has been cancelled.:hooray:
(There is some serious magic going on here at AW, thanks guys..lol)

For those of you who took the time to answer, I will clarify it a little if I can.

What happened was she accepted the book, and then after a few months went missing. She'd pop up every now and then, but no one could ever get in contact with her.
The book never went to print, and that's were the 72 months reversion of rights came in. I don't know what I would have done if it had of went on that long, a lawyer prob would have been my only option.

But thank you guys for taking the time to reply, I really appreciate it!!
 
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