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Is It Possible to Get Royalties when Contract Did Not Include Them?

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Frog2

Member
I illustrated a children's book that has been very popular in the past ten years since its publication. When I signed the contract I agreed to a flat fee of 3500 and nothing more. This book has since been made into paperback, hardback, and boardbook, in nine languages. I think the author is getting royalties, but I don't know for sure. The publisher has failed to send me copies of each translation as per the contract, but that is beside the point, other than to give just one example of the publisher's attitude toward me. I want to know how I can go about getting royalties, from the past sales, and for future sales. Is it possible to do this with legal help? I may be able to sue them for some sort of damages (concerning other issues not to be mentioned here) but I would rather just convince them to pay me a fair amount per sale, considering I put almost a year of work into it, my illustrations are what is selling the book, and it's one of their best sellers.

Thank you!
 


quincy

Senior Member
I illustrated a children's book that has been very popular in the past ten years since its publication. When I signed the contract I agreed to a flat fee of 3500 and nothing more. This book has since been made into paperback, hardback, and boardbook, in nine languages. I think the author is getting royalties, but I don't know for sure. The publisher has failed to send me copies of each translation as per the contract, but that is beside the point, other than to give just one example of the publisher's attitude toward me. I want to know how I can go about getting royalties, from the past sales, and for future sales. Is it possible to do this with legal help? I may be able to sue them for some sort of damages (concerning other issues not to be mentioned here) but I would rather just convince them to pay me a fair amount per sale, considering I put almost a year of work into it, my illustrations are what is selling the book, and it's one of their best sellers.

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

When you sold your illustrations for $3500, was this through a written and signed contract? Did you also at that time transfer all copyrights in your illustrations?
 
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Frog2

Member
Yes, I did sign a contract. This was prior to the creation of the work. Yes, I believe the contract said that the publisher would own the work. I will go look at the contract now.
 

quincy

Senior Member
The important thing to look for in the contract is a "transfer of copyrights," giving all rights in your illustrations to the publisher.
 

Frog2

Member
“...copyright and all rights of reproduction in such artwork in all forms and media shall at all times be the exclusive property of Publisher.”

This is under the first paragraph of the contract, "GRANT OF RIGHTS". Is this the same thing as "transfer of copyrights"?
 

Frog2

Member
Also, "The publisher shall have all rights of every nature...including the rights to register the copyright..."

Is this what i am looking for?
 

quincy

Senior Member
“...copyright and all rights of reproduction in such artwork in all forms and media shall at all times be the exclusive property of Publisher.”

This is under the first paragraph of the contract, "GRANT OF RIGHTS".
Oh shoot. You apparently transferred all of your exclusive rights in your artwork. I was hoping you might only have granted limited nonexclusive rights, retaining copyrights in the works for yourself.

The bad news is that, absent a clause in your contract to the contrary, you have no rights to your illustrations. The artwork is no longer yours.

The publisher is able to capitalize off the illustrations in any way he wants and you can do nothing about it. He is the copyright owner.

I guess the good news is, you illustrated a popular children's book.

I suggest you have the contract personally reviewed in its entirety by an attorney in your area to see if there is anything in the contract that can be legally challenged. It would be nice if you could benefit financially from revenues generated by the children's book but that might not be possible.
 
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Frog2

Member
Yes, I knew it was a bad deal when I signed it. I was desperate. I am currently composing a letter to the publisher requesting a portion of the royalties.

Thank you Quincy for your advice.
 

quincy

Senior Member
You're welcome, Frog2. Thanks for the thanks. They are appreciated.

I am sure $3500 seemed like a lot of money at the time. I hope the publisher is a kind sort of fellow and agrees to at least share with you some of the profits, especially since it was your talent that probably drove the bulk of the sales.

If you decide to illustrate another children's book, please be sure to have an attorney help in negotiations with the publisher.

Good luck.
 

Zigner

Senior Member, Non-Attorney
Yes, I knew it was a bad deal when I signed it. I was desperate. I am currently composing a letter to the publisher requesting a portion of the royalties.
You aren't entitled to any royalties. Period.
 

Zigner

Senior Member, Non-Attorney
I would like to see Frog2 have the contract he signed reviewed in its entirety to make sure he has not retained any rights in his illustrations.
Fair enough - an attorney would be in a much better position to explain that he's signed away any rights to the work, as would seem to be the case.
 

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