Hi,
I sold a book and contracted the sequel with a publisher. 2yrs after the first release, before the second book reached publication, the publisher became late on royalty payments, didnt reply to emails and their website disappeared. I sent them registered mail saying that they seem to be a non-entity and I'm reclaiming my rights to both books. After several weeks of no response I sent DMCA take down letters to amazon, ingram, b&n, and the other booksellers who removed the book from sale. After this had occured the publisher came back on emails and offered me a new contract for the first book or if I don't like it, rights reversion, and agreed that the second book was "off the table". I sent an email requesting formal reversion of rights and now they have not responded. It's been 6 weeks but they're not responding to mail, phone, etc.
Re the contract: There is literally no section for out of print or reversion of rights in the contract. There is a time to publication and a contract period (4 years), but nothing about reverting rights or the book being in/out of print. I wasn't savvy when I signed it (my first) and it's a shitty small press that I don't think knows any better.
Have I already re-claimed my rights? Do I even need his rights reversion letter? How long of non-answer can go by before I can consider the books mine again.
Thanks
S.
I sold a book and contracted the sequel with a publisher. 2yrs after the first release, before the second book reached publication, the publisher became late on royalty payments, didnt reply to emails and their website disappeared. I sent them registered mail saying that they seem to be a non-entity and I'm reclaiming my rights to both books. After several weeks of no response I sent DMCA take down letters to amazon, ingram, b&n, and the other booksellers who removed the book from sale. After this had occured the publisher came back on emails and offered me a new contract for the first book or if I don't like it, rights reversion, and agreed that the second book was "off the table". I sent an email requesting formal reversion of rights and now they have not responded. It's been 6 weeks but they're not responding to mail, phone, etc.
Re the contract: There is literally no section for out of print or reversion of rights in the contract. There is a time to publication and a contract period (4 years), but nothing about reverting rights or the book being in/out of print. I wasn't savvy when I signed it (my first) and it's a shitty small press that I don't think knows any better.
Have I already re-claimed my rights? Do I even need his rights reversion letter? How long of non-answer can go by before I can consider the books mine again.
Thanks
S.
