This is a different slant from the usual does-anyone-know-these-guys query.
I'm preparing to launch a lawsuit against one of the Big Dogs (one of the top ten commercial publishing houses); I have already talked to one intellectual rights lawyer and he thought I had a credible case, but said I needed some crucial information concerning damages. I'm hoping some of you can supply general information about international royalties.
Bottom Line -- I need answers to two questions:
1) What yearly sales volume does a typical foreign publisher require to keep a book in print on the backlist? My impression of U.S. publishers is that they start thinking of remaindering what’s left in stock when yearly sales drop below two or three thousand copies. If any of you had a book published abroad (either initially or licensed by a U.S. publisher), can you tell me the sales volume the year it was taken out of print and the year before that?
2) How do typical royalties from foreign editions compare with royalties from the initial U.S. edition? A simplified example: if an author gets 15% of the U.S. edition wholesale price and the book wholesales for $20, the author gets $3/copy. If the contract calls for the author to get half of the proceeds from the licensing of foreign editions of this same book, how much is this likely to be? I’m hoping some of you with books published here and abroad can give me valid information without revealing anything proprietary. For instance, I’m hoping someone can say, “on the U.S. edition of my book, I got $3.60 a copy; on the Egyptian edition, my 50% was $2.80; and on the Japanese edition, I got $3.40.”
Primary Complaint: My publisher authorized three foreign editions over ten years ago. I thought I had received a little money from one foreign edition and assumed the others were never published. I have recently discovered all three editions have been continuously in print and are currently for sale. When I thought I received money from one of the editions, I was misreading the royalty statement. I never received any royalties from any of them.
Background:
(Intentionally vague because I worry about tipping my hand) I have had three non-fiction books published. The first of these was co-authored with a man who is now dead (which complicates the legal battle). It was in the general area of business marketing and was published by a small reputable business publisher that put out about ten titles a year.
A month or two after publication, that publisher merged with another business press that had no interest in pushing marketing topics and the book died an early death in the U.S. due to benign neglect. The second publisher was then sold to the Big Dog mentioned above. I believe these rapid business transitions resulting in sloppy bookkeeping in the royalties departments.
As far as I can tell, I received all the U.S. royalties that are due me. But the first publisher sold rights to publishers in three foreign countries and sent me three letters stating that.
The original contract states that the Publisher and the Author will divide the proceeds from any other licensed versions of the work. I never got copies of the contracts with the foreign presses. Several years ago, when I was a member of the National Writers Union, I learned the book was still in print overseas, and when I rechecked my statements I discovered I had misread them and had not, in fact, received any foreign royalties. My NWU rep contacted the Big Dog royalties dept and furnished copies of the letters I received about the sale of foreign rights and proof that the foreign editions were still in print. The manager of the royalty dept. stonewalled and said his people could not find any of the foreign contracts.
Shortly after that, I lost my day job and did not have the money to pursue a legal remedy. Now I would like to get what they owe me; any information or advice would be welcome!
I'm preparing to launch a lawsuit against one of the Big Dogs (one of the top ten commercial publishing houses); I have already talked to one intellectual rights lawyer and he thought I had a credible case, but said I needed some crucial information concerning damages. I'm hoping some of you can supply general information about international royalties.
Bottom Line -- I need answers to two questions:
1) What yearly sales volume does a typical foreign publisher require to keep a book in print on the backlist? My impression of U.S. publishers is that they start thinking of remaindering what’s left in stock when yearly sales drop below two or three thousand copies. If any of you had a book published abroad (either initially or licensed by a U.S. publisher), can you tell me the sales volume the year it was taken out of print and the year before that?
2) How do typical royalties from foreign editions compare with royalties from the initial U.S. edition? A simplified example: if an author gets 15% of the U.S. edition wholesale price and the book wholesales for $20, the author gets $3/copy. If the contract calls for the author to get half of the proceeds from the licensing of foreign editions of this same book, how much is this likely to be? I’m hoping some of you with books published here and abroad can give me valid information without revealing anything proprietary. For instance, I’m hoping someone can say, “on the U.S. edition of my book, I got $3.60 a copy; on the Egyptian edition, my 50% was $2.80; and on the Japanese edition, I got $3.40.”
Primary Complaint: My publisher authorized three foreign editions over ten years ago. I thought I had received a little money from one foreign edition and assumed the others were never published. I have recently discovered all three editions have been continuously in print and are currently for sale. When I thought I received money from one of the editions, I was misreading the royalty statement. I never received any royalties from any of them.
Background:
(Intentionally vague because I worry about tipping my hand) I have had three non-fiction books published. The first of these was co-authored with a man who is now dead (which complicates the legal battle). It was in the general area of business marketing and was published by a small reputable business publisher that put out about ten titles a year.
A month or two after publication, that publisher merged with another business press that had no interest in pushing marketing topics and the book died an early death in the U.S. due to benign neglect. The second publisher was then sold to the Big Dog mentioned above. I believe these rapid business transitions resulting in sloppy bookkeeping in the royalties departments.
As far as I can tell, I received all the U.S. royalties that are due me. But the first publisher sold rights to publishers in three foreign countries and sent me three letters stating that.
The original contract states that the Publisher and the Author
Shortly after that, I lost my day job and did not have the money to pursue a legal remedy. Now I would like to get what they owe me; any information or advice would be welcome!
