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work made for hire

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H

hankinson

Guest
(I live in New York State. Contract was signed in Florida.)
I created a novel as a work-made-for-hire. It is a sequel to an old sci-fi classic (which may be in the public domain).
The company that hired me has backed out 3 publishing deals in the past 4 years, even after my book was in print. They have never paid me or given me an accounting of sales. Now, citing poverty, they have announced to other contracted authors that they are shutting down, and returning the rights to the manuscripts to the authors. Except for me. They insist on keeping my book and publishing it out of their home. Fat chance that I will ever see a penny.
I want the rights back so I can submit it to a real publisher. I believe that the book, as a sequel with new settings, a new storyline, and a new main character, does not qualify as a work made for hire under copyright law.
They were obligated to inform me of all delays in publication, and have not done so. They never made any provision in the contract for becoming the publisher themselves.
Do I have enough of a case to pursue this?
THANKS FOR ANY ADVICE YOU CAN OFFER!
 



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