closed publishing company wants money - what can anyone do?

[TheCaptain13]

What is the name of your state (only U.S. law)? AR

ok, so a good friend had a book published and has paid for marketing. Problem is, the publishing company tanked in JAN but didn't let anyone even know about it. the author just found out today. Now they're saying that if she wants her book back she needs to pay them additional funds ($50) to get the copies of her book.

This seems suspicious to me. Is she able to publish her book with another company now that the original is closed for business without paying the original company?
or should she pay the $50 to a company who closed their doors and was so inept they couldn't even send a mass e-mail, warning or notice to anyone?

it seems to be a means for a closed company to suck money out of an author, but my author friend is worried that if she tried to take it elsewhere the original publisher could sue her and the other company.

I would appreciate any advice I can pass on, especially with some links / references to legal statutes that can be used to determine standing.

 

[quincy]

What is the name of your state (only U.S. law)? AR

ok, so a good friend had a book published and has paid for marketing. Problem is, the publishing company tanked in JAN but didn't let anyone even know about it. the author just found out today. Now they're saying that if she wants her book back she needs to pay them additional funds ($50) to get the copies of her book.

This seems suspicious to me. Is she able to publish her book with another company now that the original is closed for business without paying the original company?
or should she pay the $50 to a company who closed their doors and was so inept they couldn't even send a mass e-mail, warning or notice to anyone?

it seems to be a means for a closed company to suck money out of an author, but my author friend is worried that if she tried to take it elsewhere the original publisher could sue her and the other company.

I would appreciate any advice I can pass on, especially with some links / references to legal statutes that can be used to determine standing.

What your friend can or can't do depends on the terms of the contract she had with the now-defunct publishing company. She may have signed over to the publishing company exclusive rights (e.g., distribution) in her copyrighted book. She will want to speak to an IP attorney in her area who can advise her based on a personal review of the facts.

Here is a link to the US Copyright Office: http://www.copyright.gov

 

[Kingstien]

How can anyone not privy to the contract comment?

 

[Zigner]

Your friend doesn't have a copy? That's odd...

 

[Zigner]

How can anyone not privy to the contract comment?

Just like Quincy did.

 

[quincy]

I think that perhaps TheCaptain13 does not have all of the facts of the publishing arrangement his friend had, and knowing this is necessary to determine if rights have been licensed or transferred.

I am unclear what TheCaptain13 is looking for when s/he says "links/references to legal statutes ... to determine standing." But the IP attorney his friend sees will have plenty of resources available to assist the friend.

 

[TheCaptain13]

I think that perhaps TheCaptain13 does not have all of the facts of the publishing arrangement his friend had, and knowing this is necessary to determine if rights have been licensed or transferred.

that is true - i am awaiting the contracts now so that i can view them
as far as i know, they have the right to publish and distribute, but how, exactly, can a closed business be capable of doing that?

so i can post some of the contract when i get it... but until then i am a little out of info

I am unclear what TheCaptain13 is looking for when s/he says "links/references to legal statutes ... to determine standing." But the IP attorney his friend sees will have plenty of resources available to assist the friend.

mostly i just wanted some links or references like the one provided above

the first thing i suggested to the friend was to talk to a lawyer (locally) about IP. she was concerned because that would pretty much cost the same as just getting her "file" from the company. she already has copies of all the IP, so i am not sure what they are charging her for, because she has copies of everything - would it be a charge for releasing her from the contract, i wonder?

it seemed suspicious to me simply because it doesn't seem logical to send a closed business money for your own property you already have so that you can take it elsewhere to get it printed (unless they're bankrupt?)

thanks for the feedback everyone

 

[Zigner]

It just hit me...you (plural) are making all this fuss over $50.
Tell your friend to pay the money and move on...yeesh. Any other actions she may take will almost certainly cost her more than that.

 

[quincy]

that is true - i am awaiting the contracts now so that i can view them
as far as i know, they have the right to publish and distribute, but how, exactly, can a closed business be capable of doing that?

If your friend signed a transfer of exclusive rights to the publishing company, giving this company all rights to reproduce and distribute the book, the friend will need an IP attorney to see about terminating the transfer. If rights were transferred to the publishing company, the publishing company holds rights in the book (is a copyright owner). The payment of $50 may not terminate rights.

so i can post some of the contract when i get it... but until then i am a little out of info

Please do not post the contract. Analyzing contracts goes beyond the scope of this forum.

mostly i just wanted some links or references like the one provided above

Good. The Copyright Office has a wealth of information.

the first thing i suggested to the friend was to talk to a lawyer (locally) about IP. she was concerned because that would pretty much cost the same as just getting her "file" from the company. she already has copies of all the IP, so i am not sure what they are charging her for, because she has copies of everything - would it be a charge for releasing her from the contract, i wonder?

The money could be a charge for releasing her from the contract. She will want the IP attorney in her area to review the contract and all documents she has received from the publishing company before signing anything or paying anything.

it seemed suspicious to me simply because it doesn't seem logical to send a closed business money for your own property you already have so that you can take it elsewhere to get it printed (unless they're bankrupt?)

It makes sense if your friend signed a contract that transferred exclusive rights in the book to the publishing company. Copyrights are an asset that must be considered in any bankruptcy filing.

thanks for the feedback everyone

You're welcome, TheCaptain13. We always appreciate thanks.

Again, your friend needs to have a personal review with an IP attorney in her area. She is not going to get the necessary help from online research.

 

[TheCaptain13]

The payment of $50 may not terminate rights.

@quincy
again, i appreciate any advice i can get and share with her. THANK YOU very much.

this was something i was afraid of... but until i see her contract i can't really know anything else

i, personally, don't care about the money. something seemed suspicious about their tactics. i advised her to talk to a lawyer before doing anything - but ... $50 can be a lot to a specific subset of people in the US

plus the nearest lawyer that deals in IP is at least 3 hours drive (one way) from our extremely rural location - but at least they offer a free consultation (just not over the phone - i checked)

i don't like seeing hard working people taken advantage of... and i was limited with my options, so i needed a few pointers to get bearings to go further

....

so again, i appreciate the efforts to help. i'll be directing her to the IP lawyer as soon as she gets me her contract and we see more

Thank you

 

[TheCaptain13]

If your friend signed a transfer of exclusive rights to the publishing company, giving this company all rights to reproduce and distribute the book, the friend will need an IP attorney to see about terminating the transfer. If rights were transferred to the publishing company, the publishing company holds rights in the book (is a copyright owner). The payment of $50 may not terminate rights.

...

You're welcome, TheCaptain13. We always appreciate thanks.

Again, your friend needs to have a personal review with an IP attorney in her area. She is not going to get the necessary help from online research.

again, thank you for the feedback. i truly appreciate the direction and help.

she is lower income and the nearest IP lawyer is 3 hours drive one way - we are very, very rural.

i really needed some feedback to help alleviate her stress and worry, and i very much appreciate it. She is a lot less worried now and has a direction to focus on, rather than wring her hands about.

Thank you.

 

[quincy]

again, thank you for the feedback. i truly appreciate the direction and help.

she is lower income and the nearest IP lawyer is 3 hours drive one way - we are very, very rural.

i really needed some feedback to help alleviate her stress and worry, and i very much appreciate it. She is a lot less worried now and has a direction to focus on, rather than wring her hands about.

Thank you.

I know that IP attorneys are an expense that can be hard on anyone's budget but the contract with the publishing company really needs a personal review by a professional to see what the publishing company could retain in the way of rights to the work.

For her future books, your friend might want to have any contracts reviewed by a legal professional prior to signing.

I wish your author-friend good luck in getting her current book issue resolved.

 

[Kingstien]

If your friend made a deal with Tate to publish and print your the authors work, then you can relax. They had somewhere around other 800,000 authors that they never published, so I doubt your friend owes them anything.

 

[quincy]

Again, any contract that has been signed between the publisher and the friend-author needs to be personally reviewed by a professional in the friend's area.

 

[quincy]

And, yet again, your friend/author needs to seek out assistance from an attorney in her area. There is more to be considered than any offer made on a website.