Legal Question in Intellectual Property in Massachusetts
Hello, I entered into an agreement with a California publisher to publish my essay along with my photos. After this initial contact, the publisher ignored my business-related emails and calls. Today, the magazine issue came out and my piece is nothing like what I sent in. My photos were not used but there is, strangely and unbelievably, a photo of the subject of my article's daughter. (???) I have called the publisher and emailed him but he has not answered. I suspect he won't. Have my rights as a writer been violated? Have also publication agreements/laws been broken? I feel that the publisher must know he erred or broke laws or he would answer me. My emails are professional, moderate, inquiring, nothing off-the-wall although I must tell you I am upset seeing my article altered to this degree without my knowledge or consent.. It is not what I agreed to be published. Do I have legal recourse? P.S. Clearly, the publisher is there and active; I asked a friend to email him some general inquiry and he answered almost immediately.
1 Answer from Attorneys
Trite response: in order to advise you on your rights arising out of a contract, a lawyer would need to review the contract. Anything else is pure speculation.
Best wishes,
LDWG