Terminating a Contract

CWMama

Registered
Joined
Oct 28, 2013
Messages
4
Reaction score
0
My publisher has not issued a royalty report or payment for 1.5 years despite many emails and calls from me. I have no way of knowing how many books I've sold since the publisher has withheld that information from me. (Though I know it's probably close to 1,000 books from the number of book signings I've had.) Since this is a breach of contract (and I don't anticipate the publisher publishing my next contracted book b/c of money issues), what is my next course of action?

Can I send a "termination of contract" letter from myself or do I need to hire a lawyer to do this?

What do I do if the publisher refuses to release me from my contract and/or revert all rights for all of my contracted books back to me?

I really don't want this to be messy but I do want my books to be able to get published and would like to be paid for the books I have sold.

Thank you!
 

Kerosene

Your Pixie Queen
Super Member
Registered
Joined
Apr 29, 2012
Messages
5,762
Reaction score
1,045
Location
Las Vegas, Nevada
Look up your publisher in the Bewares, Recommendations & Background Check of the forum. Use the google search bar at the bottom of the page to help you.


IANAL, nor am I a publishing expert, but I do believe contracts have to have sections outlining the termination of the contract. If you haven't already (which you should have, several times and before now) read your contract.
 

CWMama

Registered
Joined
Oct 28, 2013
Messages
4
Reaction score
0
If you haven't already (which you should have, several times and before now) read your contract.

Yes, I did read my contract several times before signing it and had a lawyer look at it, too. I just re-read it (about four times in the last day) to check on the "termination clause" but it is heavily weighted toward the publisher, not the author. This is something I didn't consider when I happily signed the contract two years ago, never thinking I'd need to actually use a termination clause.
 

Little Ming

Super Member
Registered
Joined
May 5, 2011
Messages
3,001
Reaction score
753
Yes, I did read my contract several times before signing it and had a lawyer look at it, too. I just re-read it (about four times in the last day) to check on the "termination clause" but it is heavily weighted toward the publisher, not the author.

Not that it helps in your current situation, but for future reference, if you are going to have a lawyer look at your contract you need one who specializes in literary contracts. A general contracts lawyer can tell you if your contract is legal, but is probably not knowledgeable enough to know if the contract is industry standard or if, as in your case, it is heavily weighted towards one party.

This is something I didn't consider when I happily signed the contract two years ago, never thinking I'd need to actually use a termination clause.

Again, for future reference, always, always consider this no matter who the publisher is. The reversion of rights clause is one of major issues brought up in the Bewares forums.
 

Old Hack

Such a nasty woman
Super Moderator
Absolute Sage
Super Member
Registered
Joined
Jun 12, 2005
Messages
22,454
Reaction score
4,956
Location
In chaos
You are bound by the terms in the contract you freely signed.

We can't give you legal advice. All you can do is comply with the reversion clause, or make an informal request for a reversion of your rights.
 

MandyHarbin

Super Member
Registered
Joined
Oct 17, 2012
Messages
308
Reaction score
35
Website
www.mandyharbin.com
Go over your contract with a fine-toothed comb and outline every breach you can find and then notify them in the manner you're required via your contract. If they still ignore you, then it'll get messy. Things you can do: contact an attorney to help you, a CPA to audit their books (hopefully this right is in your contract), report them to the IRS because you haven't been paid in over a year, so chances are you and they haven't paid taxes on that money.

Let the gloves come off, but don't let it consume you. Keep writing and sub elsewhere.
 

CWMama

Registered
Joined
Oct 28, 2013
Messages
4
Reaction score
0
Thank you for all of the advice, everyone. I've sent off the "letter of termination" so now it's just wait-and-see.
 

shaldna

The cake is a lie. But still cake.
Super Member
Registered
Joined
May 12, 2009
Messages
7,485
Reaction score
897
Location
Belfast
Honestly, talk to your lawyer,.