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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A publisher re-published my mother's book without informing

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A publisher re-published my mother's book without informing her that he had re-published the same. When she became aware, she requested payment of the royalties due. He did not pay, and, we have informed him that we will pursue payment through legal means, if he does not pay. We could not find the publishing contract previously, and so could not follow through with our claim. However, we now have a Contract and would like assistance with pursuing the Royalties.
Hello my name is ***** ***** I will help you.Do you know how much is owing please?
Customer: replied 2 years ago.
For the time being, please can we proceed with written answers.
Customer: replied 2 years ago.
We do not know how many books were republished, however, the royalties are. 7% to be settled half yearly in March and in September.
Customer: replied 2 years ago.
Hi Alex,
Please can we here back from you.
Customer: replied 2 years ago.
Hello Alex. Are you there.
Customer: replied 2 years ago.
Hi Alex, please can you send us a message to confirm that you are working on an answer to our question. If not, please let us know, so we do not wait unnecessarily on an answer. I will be expecting a response from you by return.
Many thanks.
I was just on the train, so there was a may be a delay when I reply. Has there EVER been a contract signed? If so, when would that have been?
Customer: replied 2 years ago.
Thank you for coming back to us. Sorry, we got worried when we did not hear anything.
Customer: replied 2 years ago.
With regard to a contract. Yes there is a contract.
Customer: replied 2 years ago.
The date of the Contract (which was signed by the parties) we believe was 30th June 1980.
What does it say about how long it is, or termination?What does it say, if anything, about re-issuing it?
Customer: replied 2 years ago.
Sorry date of Contract is in fact 16th May 1980.
What does it say about how long it is, or termination?What does it say, if anything, about re-issuing it?
Customer: replied 2 years ago.
Claused 11 States:
Customer: replied 2 years ago.
Clause 11.
If the Said Work should be out of print or off the market and Publishers neglect to bring out a new edition of not less than five hundred copies within twelve months after date of a written demand from the Author to do so all rights under this Agreement shall revert to the Author.
Customer: replied 2 years ago.
Clause 12 States:
Customer: replied 2 years ago.
Clause 12.
If for any reason payment should not be made by the Publishes of monies due or statements should not be delivered to the Author within three months after the date of a written demand from the Author for such payments or such delivery or if the Publishers should commit an act of bankruptcy or be wound up (except for the purposes of reconstruction) or be placed in the hands of a receiver then this Agreement shall be considered as cancelled and all rights in the Agreement shall revert to the Author forthwith.
Thanks. Just to be clear it was republished over 12 months after it was published, I assume so?
Customer: replied 2 years ago.
It appears that they may have republished in 1998, and, and also in 2008.
The Editor at Foulsham had confirmed verbally in 1997 that the book would be published in 1998.
Also we have physical evidence that it was republished in 2008.
Ok. You need to write and ask for them to account for payments for the royalties and ask for this within 14 days or say you will go to Court.If they refuse then you can issue proceedings. You should make sure you send this signed delivery and keep a copy.If they do not then you can issue proceedings in the County Court. You by completing form N1 and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.You are asking the Court that they are in breach of contract and account for Royalties due. They will be required to provide evidence of sales, accounts etc and then ordered to pay the proper rate of Royalties.Can I clarify anything for you about this today please?Alex
Customer: replied 2 years ago.
That is our assumption also. As we do not see any evidence of a re-publishing 12 months after 1980, the first publishing date.
Customer: replied 2 years ago.
We have already written letters before action back in 2014. Unfortunately we did not have the Agreement with us at the time.
So we were unable to issue proceedings.
However, when we found the Agreement, we thought we had better seek advice on how to proceed.
Customer: replied 2 years ago.
Are you able to issue proceedings on our behalf?
Sadly not as its against site rules to do work for you. It raises all sorts of regulatory issues with paperwork, client care letters etc.You should re-write and ask for payment or accounts to show Royalties, it doesnt matter it was in 2014.Does that help?Alex
Customer: replied 2 years ago.
Okay, I understand.
My mother is quite elderly, so we want someone to issue proceedings on our behalf.
But thank you for the help you have given us.
Happy to help you.AlexIf this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help:
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