argh!

[erastes]

What do you DO when your publisher ignores you regarding recovery of rights?  The rights were up at the end of January, and I told them months ago I would not be renewing the contract. I even had a response to that email, so they can't say they didn't know.  However, I need a formal letter to rescind their rights.  I've  emailed them three times to no avail. I suppose the next step is to send a recorded delivery letter?  I am not a happy bunny right now.

Comments

[alex-beecroft.livejournal.com]

Recorded delivery sounds good. Maybe sent by your agent so that you have a third party witness? And if that doesn't work you tell everyone which publisher it is in the hopes of shaming them into action. If they withhold from you your own work and livelihood they don't deserve your protection.

PS, is that February 2010?

[erastes.livejournal.com]

no- january 2011, sorry, had thewrong month!!

[emlynley.livejournal.com]

I would definitely send a letter that requires them to sign. If there is anything else specific in the contract that is needed to dissolve the contract, be certain to do it to the letter, and if necessary ask a lawyer to make sure you didn't miss anything.

I'm about to do something similar, and I'll quote the contract paragraph and language in my letter, so there is no question that I am following the exact requirements. Of course US and UK contract law is different but as long as you follow every single requirement, you should be fine. I do know my contract states a written registered letter is required to act on this option.

I also feel for you in regards to no reply. I'm dealing with one publisher who promised something a year ago and it took me four emails this week to get them to admit they haven't done it. I did speak with a lawyer so I know what my next steps would be had they not finally come up with some action, since it's part of their full execution of the contract and they would be in breech had they not.

[wikdsushi.livejournal.com]

Go ahead and send the letter. Maybe put in a line stating that if you don't receive your rights within thirty days, you'll respond with legal assistance--then follow through if it becomes necessary.

[m-barnette.livejournal.com]

Been in the same boat you are now rowing several times. Follow whatever requirements are in the contract and be sure to send the letter with one of those return receipt requested things to prove they got it. (Not the thing that requires them to sign for it or you may get it back 'undelivered' because that's a dodge one of my former publishers used in order to try and keep their contract going. They simply refused to sign for the mailed rights release request I made.)

I'd also make a post over at Absolute Write's watercooler in the Bewares and Background checks forum so others are made aware of the situation. (And sometimes posts there can put pressure on a publisher to make things right.)

[lee-rowan.livejournal.com]

A formal registered letter (or whatever it's called there) that they sign for is needed -- or if the publisher has a blog or yahoo group, you could post that you are formally giving notice that you are taking back the rights that expired on X date, per your contract. A more drastic step, and probably a burnt bridge, so I wouldn't do that unless you never want to work with them again. But there's no way they could deny getting the message.

[lee-rowan.livejournal.com]

Also - if you have their mailing address, you could send a letter of complaint to the Better Business Bureau in the company's home base city. The BBB will try to resolve disputes, and sometimes a letter from them will rattle the cage, because unresolved complaints are kept on file for several years.

[erastes.livejournal.com]

I hope it doesn't come to that, it would be utterly mad over such a small thing, but the fact they haven't replied even with a "I'll get on to this on Monday" or something is worrying me, specially when they knew what I wanted months ago.

[lee-rowan.livejournal.com]

As long as they "don't know" you want the rights back, they can keep selling it. Very cute.

I'm still waiting for official release of two stories in anthologies when LBR was bought out. I've asked several times, but I guess it wasn't important enough. Since both are out of print, I'm assuming rights reverted per the original contract.

It's understandable that small publishers who don't have actual legal departments let the smaller things slide, but it is irritating.

[tina kolesnik (from livejournal.com)]

I can tell you as an American that the BBB doesn't so jack-shit when it comes to small publishing. Tried it with Iris ages ago.

Sent a registered letter that got signed for, only to find out she'd dumped her office and so the office owner signed for it.

I think the fact that you're 'outing' this here should be enough to get someone's attention. ^_-

[nagasvoice.livejournal.com]

I had to do a certified letter stating I found the book was out of print and the rights would be reverting back to me, but they never acknowledged it. AS they don't keep print inventory for long these days, I didn't worry about ti getting sold later; but these days it might be a much different situation for print on demand and e-book publishers.