QUESTION

I signed a contract with a publisher and paid them $6250. As the author I will do 100% of the marketing to get only 20% of the profits. I want out.

Asked on May 15th, 2012 on Intellectual Property - California
More details to this question:
Under Art. 6, section 6.5 Either author or Publisher (under VA laws there) may terminate this agreement upon mutual agreement of the parties by 30 days'' advance notice in writing. The book designer has not entered the final manuscript edits (I''m invoiced another $1495) or corrected the front and back cover more $$ yet. No product has been produced, and I will not provide more information or authorize completing the project. I can market/sell only 400 copies to recoup my initial investment and retain control over translated copies, etc. I do the marketing work and give them 80% of the profits from my intellectual property. I own a small publishing company "S" corp., and an account with a major print-on-demand company owned by a major book distributor to do business with directly. Can I sever the contract and publish this title (or modify it a little) on my own and protect my intellectual property from them or their means to publish and profit? They can keep my $6250.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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"Vanity" publishing contracts are frequently problematic. Unfortunately, a deal is a deal, and you may be in breach if you attempt to circumvent your obligations under this contract. As a practical matter, they may not sue you, but that does not mean that they don't have the right to do so. The best solution is a negotiated termination. An attorney may be helpful in this process.
Answered on May 15th, 2012 at 3:56 PM

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