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#Legal help
15 messages in this thread
If after signing a royalties contract with a publisher for two years and
the contract specifies whe are royalties due (ea quarter) and the publisher
MUST send you a report about the program financial status (sales) BUT the
publisher DOES not sends the report to you and it doesn't gives you any
info on the status of the program and then sells the copyrights to another
publisher what will you do? also during this process you have been calling
him/her on a regular basis (once a month at least!) and he stills ignores
you… what will you do???
Any contract I sign includes a clause that gives you the right to hire an
independent accountanting firm to examine the publisher's books (in
relation to your program only). This is usually limited to once or twice
in a 12 month period. If you are owed money it will be included on your
next royalty check. If you owe money it will be deducted from your next
check. Also, there are normally clauses that deal with assignment of
rights, licensing, and sub-licensing — all meant to protect you from what
you are afraid might happen. In the end, if the publisher ends up being a
dirtball and won't honor his contract, the only resolution is the courts.
Make sure you have an attorney approve any contract you sign before you do
sign it!
Any contract I sign includes a clause that gives you the right to hire an
independent accountanting firm to examine the publisher's books (in
relation to your program only). This is usually limited to once or twice
in a 12 month period. If you are owed money it will be included on your
next royalty check. If you owe money it will be deducted from your next
check. Also, there are normally clauses that deal with assignment of
rights, licensing, and sub-licensing — all meant to protect you from what
you are afraid might happen. In the end, if the publisher ends up being a
dirtball and won't honor his contract, the only resolution is the courts.
Make sure you have an attorney approve any contract you sign before you do
sign it!
In a word…see a lawyer. Read your contract, it should have a "remedies"
clause that specifies what each party can do to the other party in case of
a default. The publisher can't sell the copyright, but he can sell the
right to publish the program to another company. Again, your contract
should specify what rights you may have to approve/disapprove this type of
transfer. What you can do (unless your contract is so non-specific that
there are no remedies clauses) is contact the new publisher, and inform
that publisher that since publisher A failed to live up to the contract,
that publisher A has lost all rights to publish the program…and thus
can't sell or assign those rights to publisher B and if publisher B wishes
to publish the program, he must either pay you all back royalites and
include an audit statement of sales from an independent accountant and/or
publisher B must sign a new contract with you or you will have publisher B
in court on a copyright violation.
Sure the publisher can sell the copyright — if it's his to sell.
Nope…the copyright _always_ belongs to the author, but what the
author can sell to someone else (and that someone else can pass along) is
limited portions of the specific rights granted via a copyright.
For example, you can sell the "right" to publish via magazine and still
retain all other rights such as right to publish electronicaly, or via
hardcover or whatever. You can even sell full rights…but should the
buyer not complete the terms of the contract…the rights you sold, will
revert back to you. The "copyright" itself still remains with the
author..even if the author sells full rights to publish or reproduce the
program.
No. Just like a patent or any other piece of 'property', a copyright can
be assigned or sold to another party.
According to the 1978 Copyright law, when selling rights, you are
transfering _license_ not transfering _ownership_ of the copyright. This
is a change from the law prior to 1978.
According to the 1978 Copyright law, when selling rights, you are
transfering _license_ not transfering _ownership_ of the copyright. This
is a change from the law prior to 1978.
No. Just like a patent or any other piece of 'property', a copyright can
be assigned or sold to another party.
Nope…the copyright _always_ belongs to the author, but what the
author can sell to someone else (and that someone else can pass along) is
limited portions of the specific rights granted via a copyright.
For example, you can sell the "right" to publish via magazine and still
retain all other rights such as right to publish electronicaly, or via
hardcover or whatever. You can even sell full rights…but should the
buyer not complete the terms of the contract…the rights you sold, will
revert back to you. The "copyright" itself still remains with the
author..even if the author sells full rights to publish or reproduce the
program.
Sure the publisher can sell the copyright — if it's his to sell.
In a word…see a lawyer. Read your contract, it should have a "remedies"
clause that specifies what each party can do to the other party in case of
a default. The publisher can't sell the copyright, but he can sell the
right to publish the program to another company. Again, your contract
should specify what rights you may have to approve/disapprove this type of
transfer. What you can do (unless your contract is so non-specific that
there are no remedies clauses) is contact the new publisher, and inform
that publisher that since publisher A failed to live up to the contract,
that publisher A has lost all rights to publish the program…and thus
can't sell or assign those rights to publisher B and if publisher B wishes
to publish the program, he must either pay you all back royalites and
include an audit statement of sales from an independent accountant and/or
publisher B must sign a new contract with you or you will have publisher B
in court on a copyright violation.
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 $$$ IN IT.
In your case, if your contract is a good one, you could possibly get a
restraining order preventing the new company from selling the program until
you get your royalty payments straightened out. In any event, It sound
like you should try and re-negotiate with the new company. Stan Kalisher,
Impulse Inc.
Ed; The contracts we offer give the author the right of "Oversight"
accounting, meaning the author has the right to inspect our books every 6
months if he or she desires. If there is a discrepancy, there is an
adjustment made to the next due royalty payment. Assignment of the rights
of the program is not un-usual, as it's a protection for the publisher, in
case he may be Incorporated, and one of the principals dies, or decides to
leave, the firm can re-incorporate, change the name of the firm, but keep
selling the product.
We stipulate that if we decide to sell or re-assign the program, the 2nd
firm is still bound by all the convenants of the original contract. We
also offer an out for both parties, meaning should the publisher decide the
program is no longer viable financially, it can revert to the author so
he/she can try and re-sell it. Also, if the program turns out to be a
non-seller, we can gracefully return the rights to the author and not be
bound to invest any more $$$ 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.