Retrieving published books

Status
Not open for further replies.

Sunwriter

New Member
I am a first time user of this site. I apologize for the long statement, but this is a complicated matter. I am not the only author having problems with this publisher...there are a number who have left and hired attorneys, which I cannot afford to do. There have also been complaints lodged with the Florida Attorney General's office.

I have published 4 books with a Florida publisher who never sent me any contracts for these books, despite my repeated requests. The first book was published in Oct. 2007. I received one royalty statement in January and a check, after repeated requests. I have never received another statement. I got a check March 31, 2008 with no statement. Over the past month I have repeatedly asked for royalty statements. Last Friday he handed me a folded 20 dollar bill and 28 cents and told me this was my royalty payment. He skirted my questions about the dates and books covered by this money. He said he would send a statment, which I have not received.

I worked voluntarily for the company as Editorial Director, editing books and setting up an entire submissions department. I received in-kind payment in the form of free publication of my books and free purchase of books.

In addition, he made an agreement with my proofreader that he would pay her for all future books because one of my books, poorly edited, was published without my approval with multiple errors. He was aware of the problem, but never said anything. Now he is refusing to pay the proofreader and claims it is my responsibility.

Three weeks ago, I was locked out of the submissions website and every few days questioned them (he and his VP) about this. They gave the excuse that the site was down. However, there was never any pop-up at the site that there was a problem. The same thing happened to the Poetry Director. Another author called to tell me that they had told her negative things about me. I confronted them and they said nothing.

On Monday, I sent them a certified letter that I was resigning my position as Editorial Director, and severing my relationship with the company. I requested that all manuscripts submitted for future publication be returned to me. I also requested release of my 4 published books so I can republish them elsewhere based on the fact that I never had a contract in hand for these books. I also asked for royalty statements going back to October 2008 and payment to the proofreader.

Early Tuesday morning, before the letter could have arrived, I received an email from them that I was no longer Editorial Director. I subsequently found out from this same author they had originally spoken negatively to about me, that they were taking the position away from me. That was three weeks ago, at the time I was locked out of the submissions site. Therefore, they lied to me.

They told me that any books I wanted to publish with them in the future would cost me money and I would have to pay for all books.

They also said they would not pay the proofreader.

I emailed back and referred them to my letter, reiterating most of what I had said in the certified letter.

Finally, and this is endemic to the company, books ordered take three to four weeks to arrive. I lost two book signings because the books arrived 3 weeks late. The publisher blamed the printer with the excuse that because it was hot in TN where they are located, they have to slow down working. This is a huge national printer, Lightening Source, that sends book to all distribution sites for major publishers. The printer would not stay in business under these circumstances.

Question:
1- Do I have the right to my books based on the fact that there were never any contracts?
2- If he won't release them, can I republish them as second editions with different covers, ISBN #'s with a self-publishing company?
3- How do I get him to pay the proofreader?
4. How do I get the royalty statements?
5. Do I have any recourse with the Florida Attorney General's Office?

Thank you, and again I apologize for the lengthy story.
Sunwriter
 
You definitely need the services of an attorney to state your case before the FL DA and also, in civil court to recover damages. See with your local ABA (American Bar Association) if you can find a pro-bono attorney who can help you. Good Luck!
 
This is a complicated mess. Why would you keep publishing books with a publisher who didn't send you a written agreement after the first book you published with them? Sure you could call the state attorney general and report them but you've got real challenges here with regard to your case and exactly what was agreed.
 
Status
Not open for further replies.
Back
Top