Legal Question in Entertainment Law in Florida
I a author have broken a contract with Publish america the publisher. During the production of my manuscript I ran into some complication. I was mislead by the contract. They do not stand by their contract. I asked then several of times to stop production due to the unsatisfied work they had done. Asking them not to print my manuscript, they have printed it as well as put it out on the market. Reporting this to the BBB. They replied through them that nor do I get my royalies nor do they have control over the posting of my book on these sites. I called Amazon asking them to remove my book. They replied that this is under the publishers account, they are the one that post it and they are the only ones with eccess to remove it. I have all the email of communication with them saved including all the important document. What can I do?
2 Answers from Attorneys
You need to hire a lawyer to review your contract. As you have already found-out, going to the BBB or directly to sites like Amazon which sell the book will not help at all. After reviewing the contract and all the facts, the lawyer will likely need to contact the publisher.
According to your brief description of events, you may have defenses to your breach of contract based on the Publisher not being in compliance with the terms of the agreement. Additionally, as copyright owner of the manuscript, not withstanding any �assignment of rights� language found within the publishing contract, you are entitled to the exclusive right to publish, distribute and license your written manuscript. You may have legal remedy, against the Publisher, for copyright infringement.
I recommend that you contact an experienced Intellectual Property attorney to resolve this matter on your behalf.
COMMENTS MADE HEREIN ARE NEITHER LEGAL OPINION NOR DO THEY ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP.
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