Legal Question in Civil Litigation in California
Contract
I was contracted to write a book for an educational publisher. After completing the book and turning it in before deadline, they have come back saying that they are not sure about the concept and the format of the book. They want to do a market survey to see if it will sell.
But this is after the fact, after I fulfilled a contract signed by both parties. Many emails and drafts were sent in since last January and never once did they suggest it was not on the right track.
In fact, they actually conducted a focus group beforehand to determine the concept of the book, and kept telling me to go ahead.
I just want to be paid for keeping up my end of the contract.
2 Answers from Attorneys
Re: Contract
Naturally, your rights under the contract will be governed by the contract itself. If you contracted to write a manuscript or book for a fee, then you would be entitled to your fee. If your fees were to come from publishing royalties, we would have to see what rights or control the contract gave the publisher, who would have the copyrights to the manuscript, whether you could submit the manuscript to another publisher, etc. If the publisher shies you off, and then publishes the manuscript (or a close approximation) under the name of another author, you may have additional claims.
In any event, your first step is to engage the services of an attorney to review your contract, and advise you of your rights under that contract. This is a necessary step in advising you of all of the rights you may have.
Re: Contract
This sounds like a contract 101 question. Based upon the facts you presented, there does seem to be a valid breach of contract cause of action against the educational publisher. Of course, like in every breach of contract action, they may have their own story to tell. With that said, I wish you good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
