Legal Question in Entertainment Law in New York

broken contract

I have written two books. my publisher now wants to buy my books and keep my rights. I do not want to do this. Can I resubmit my books to another publisher for republishing? What if I refuse my publishers request?


Asked on 3/29/09, 8:29 am

5 Answers from Attorneys

Lesly Longa Longa Law P.A.

Re: broken contract

Review your current contract with the publisher to see if the publisher's request or your refusal is permissible under that contract. If you have further questions, I would suggest that you seek the advice of an attorney who handles arts law or literary management matters.

This answer is provided for general information purposes and neither substitutes the advice of qualified legal counsel nor does it create an attorney-client relationship.

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Answered on 3/30/09, 9:45 am

Re: broken contract

I am assuming that since you have a publisher, you have also signed a contract. Much depends on what are the terms and conditions of that agreement. This may sound self-serving, but you really need to have an attorney who is well versed in copyright law review the agreement.

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Answered on 3/29/09, 9:18 am
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: broken contract

Your original contract will/should answer many of your questions. I agree with Mr. Rosen, you should have an attorney familiar with copyright law assist you with this matter personally.

Feel free to call my office for a consultation.

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Answered on 3/29/09, 10:52 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: broken contract

This depends on the contract that you signed originally. Read it. The answer will be there. If the publisher does not havethe right already to do what he wants, then you are not required to do so.

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Answered on 3/29/09, 10:53 am
Steven Mark Steven Paul Mark, Attorney at Law

Re: broken contract

Your question seems to suggest that you already had an ongoing relationshop with the publiisher which "now wants to buy my books and keep my rights." I've done quite a few publishing agrements, am very familiar with this area and have never heard of such a thing from a reputable publisher. If you have a contract and this is now a request beyond a typical publishing agreement, you can simply reject it but it's unlikely you would have the right to place the books elsewhere. In addition to reviewing your agreement, if any, it would be sensible for you to consult with a publishing agent or, better, an experienced attorney so the full picture can be seen. In the end, circumstances unique to you will dictate how you ought to proceed.

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Answered on 3/29/09, 3:13 pm


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