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Legal help

#: 74974 S2/Talk to the TradeForum unknown
    05-Jul-87 13:23:52
Sb: #74686-Legal help
To: Ed Silva 70507,134

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Ed; The contracts we offer give the author the right of "Oversight" accounting, meaning the author has the right to inspect our books every 6 months if he or she desires. If there is a discrepancy, there is an adjustment made to the next due royalty payment. Assignment of the rights of the program is not un-usual, as it's a protection for the publisher, in case he may be Incorporated, and one of the principals dies, or decides to leave, the firm can re-incorporate, change the name of the firm, but keep selling the product. We stipulate that if we decide to sell or re-assign the program, the 2nd firm is still bound by all the convenants of the original contract. We also offer an out for both parties, meaning should the publisher decide the program is no longer viable financially, it can revert to the author so he/she can try and re-sell it. Also, if the program turns out to be a non-seller, we can gracefully return the rights to the author and not be bound to invest any more $$$ IN IT. In your case, if your contract is a good one, you could possibly get a restraining order preventing the new company from selling the program until you get your royalty payments straightened out. In any event, It sound like you should try and re-negotiate with the new company. Stan Kalisher, Impulse Inc.