Do I still own my rights?

[Kets]

Hi, a publisher I've published with before has published my new book without a contract. In brief my other contract obliged me to give them first option on my new work, which they accepted. However, they wanted to take my story in a direction I didn't want to so I sat on my story. They begged me to change my mind and I reluctantly decided to do it but I couldn't do bring myself to compromise my story and I told them I can't again. Again the publisher begged me and this time promised me a different editor (I felt the currentdidn't uunderstandmy story) and that could keep those things I felt strongly about. Yet again I agreed reluctantly. My editor never changed and they have practically ghostwritten my book. The voice, pace, feel is not me at all and the story's flavour is different from what I wrote. They sent me a contract which I rejected because of some clauses and asked for adjustments. While waiting for the new contract preparation for the book launch were being made including pre-marketing which I participated in because I was under the impression the final product was what I had last edited and that I was going to receive the new contract with the adjustments I had requested. All of this happed 2-3 weeks before the book launch so there was not much time. Even the contract I rejected, I had received a few weeks before launch. I did get the copy of the final draft but I never read it as I no longer liked the story and I took it for granted that it was what I had written. The week before launch I remindedthe publisher I hadn't signed a contract yet the publisher responded the day before the book's launch that I will get it the following week. After the book's launch I decided to read it so I could answer interviews if I was requested for them. I was shocked to see the publisher made changes to things i ddidn't want changed and they changed my voice and had ghostwritten the book practically. This book does not represent me or my work. I have fans and a reputation to think of. Given that I haven't signed a contract or made verbal agreements with the publisher:

1) Am I allowed to publicly distance myself from this book? Can I refuse to participate in marketing efforts? I will not go to the media, I will only announce my distance on my social media. I also have no interest in bashing the publisher.
2) I suspect the publisher may have registered copyright even though I hadn't signed over my rights. Do I still own copyright on my story? Can I publish it again? I will obviously revert the story to how I wanted it to be.
3) I no longer wish to work with this publisher. I had given them two story proposals (sequels to this book) jpw can I ensure that they don't use my proposals?
4 ) Publisher and I are from different countries. The previous contract stated disputes shall be heard in their country but since I didn't sign a contract and this is a different work, if I start legal action can the case ne in my country?

I really hate this book and want nothing to do with it. I have learnt my lesson I promise. I won't allow myself to be sweet talked again. I'm actually angry now because I think I was fooled from the start.

Thanks

 

[quincy]

Hi, a publisher I've published with before has published my new book without a contract. In brief my other contract obliged me to give them first option on my new work, which they accepted. However, they wanted to take my story in a direction I didn't want to so I sat on my story. They begged me to change my mind and I reluctantly decided to do it but I couldn't do bring myself to compromise my story and I told them I can't again. Again the publisher begged me and this time promised me a different editor (I felt the currentdidn't uunderstandmy story) and that could keep those things I felt strongly about. Yet again I agreed reluctantly. My editor never changed and they have practically ghostwritten my book. The voice, pace, feel is not me at all and the story's flavour is different from what I wrote. They sent me a contract which I rejected because of some clauses and asked for adjustments. While waiting for the new contract preparation for the book launch were being made including pre-marketing which I participated in because I was under the impression the final product was what I had last edited and that I was going to receive the new contract with the adjustments I had requested. All of this happed 2-3 weeks before the book launch so there was not much time. Even the contract I rejected, I had received a few weeks before launch. I did get the copy of the final draft but I never read it as I no longer liked the story and I took it for granted that it was what I had written. The week before launch I remindedthe publisher I hadn't signed a contract yet the publisher responded the day before the book's launch that I will get it the following week. After the book's launch I decided to read it so I could answer interviews if I was requested for them. I was shocked to see the publisher made changes to things i ddidn't want changed and they changed my voice and had ghostwritten the book practically. This book does not represent me or my work. I have fans and a reputation to think of. Given that I haven't signed a contract or made verbal agreements with the publisher:

1) Am I allowed to publicly distance myself from this book? Can I refuse to participate in marketing efforts? I will not go to the media, I will only announce my distance on my social media. I also have no interest in bashing the publisher.
2) I suspect the publisher may have registered copyright even though I hadn't signed over my rights. Do I still own copyright on my story? Can I publish it again? I will obviously revert the story to how I wanted it to be.
3) I no longer wish to work with this publisher. I had given them two story proposals (sequels to this book) jpw can I ensure that they don't use my proposals?
4 ) Publisher and I are from different countries. The previous contract stated disputes shall be heard in their country but since I didn't sign a contract and this is a different work, if I start legal action can the case ne in my country?

I really hate this book and want nothing to do with it. I have learnt my lesson I promise. I won't allow myself to be sweet talked again. I'm actually angry now because I think I was fooled from the start.

Thanks

What is the name of your state or, if not in the US, what is the name of your country?

 

[Kets]

I'm in South Africa they are in Nigeria

 

[quincy]

I'm in South Africa they are in Nigeria

Okay. Thanks for providing the names of the countries involved.

Laws vary in significant ways from country to country and FreeAdvice handles US law questions only. You will need to seek assistance from a publishing law professional in your area of the world.

I can tell you that copyrights are automatic once a creative and original work is fixed in tangible form, and the rights to the work that is created generally belong to the creator of the work. But this is not true in all cases and whether it is true in your case will require a personal review of your relationship with the publisher.

Good luck.

 

[Kets]

PS a lot of promotional and marketing has been done already. I also did a few pre-launch interviews arranged by the publiher. The book has been launched electronically and there are plans for UK launch in a few months (I want to stop this whole thing before that happens). Do I owe the publisher anything? She honestly lied and manipulated me. I told her what the things they wanted to change mean to me and how i'd rather write them another story (I still have the email). She pretended she understood and that I had convinced her of my view.

 

[Kets]

Okay thanks.

 

[quincy]

PS a lot of promotional and marketing has been done already. I also did a few pre-launch interviews arranged by the publiher. The book has been launched electronically and there are plans for UK launch in a few months (I want to stop this whole thing before that happens). Do I owe the publisher anything? She honestly lied and manipulated me. I told her what the things they wanted to change mean to me and how i'd rather write them another story (I still have the email). She pretended she understood and that I had convinced her of my view.

You are in a difficult position. I understand that. I wish we could help you but you really need legal assistance in your area.

Here for you are two links to the World Intellectual Property Organization (WIPO), the first link to the copyright laws of Nigeria and the second link to the copyright laws of South Africa. These will probably not help you much in determining whether you have retained rights in your work, however. For real assistance with the specifics of your situation you will probably need to sit down with an IP professional in South Africa.

Nigeria Copyright Act: http://www.wipo.int/wipolex/en/details.jsp?id=11854

South Africa Copyright Act: http://www.wipo.int/wipolex/en/details.jsp?id=4067

Good luck.