For book/ebook authors, publishers, & self-publishers

Left Hanging?

I have my first book published by a small independent publisher. i knew what i was getting into when i signed on and really don't have any complaints. a couple of weeks ago i got a call from him asking if i was interested in becoming an independent contractor with the printer/distributor. he didn't go into it at that time and said he was call back later. i'm still waiting to hear back.

i have called and emailed him repeatedly with no response. (he is in the guard and was deployed once already so there is a possibility of his reimployment) and was assured that his wife would be handling any questions. i haven't heard from her either.

my question is what can i do at this point? if he is dissolving the business, where do i stand? yes, there is a two year contract but it hasn't been a year yet. is there a way that i can take it out from his company name into my own? if i have to keep it under his company, how do i go about sales and reportings? (there aren't any sales at the moment because the marketing - all on my end - has stalled due to family matters. i will be resuming again next month.) what added costs am i assuming from the printer/distributer? should i even contact them (i do have a contact person) on my suspicions and see where i stand or hold off a little while?

i don't want to appear to be jumping the gun or crying wolf but i don't want to be caught off guard either. thanks in advance

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Permalink Reply by Dennis AuBuchon on June 26, 2008 at 4:58am

I would check the details of your contract. If you are not restricted for electronic rights you could produce an e-book version and using a program get an automatically generated ISBN. I would also look at the details of the contract and see if there is any out if they do not provide the services for which they have contracted. If it allows you to be released with a notification of time you could use that to cancel your contract. I know you do not want to cry wolf but you need to investigate the details of your contract. If you are unsure or do not understand some of the terms I would consult a lawyer.

Another option is to make some changes to your book which makes it different than the one for which you signed a contract and you could go with another firm. This option is only if it does not violate the terms of your agreement. I am not a lawyer but I have had experience with contractual language. You can send me some more details I could give you my opinion and make some suggestions.

I have had contractual issues in the past and learned from them.

Hope this helps

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Permalink Reply by Peter N. Jones on July 6, 2008 at 9:47am

Yes, you will need to look at your contract to see what the terms are specifically. However, you will not be able to transfer the ISBN, and if you do decide to bring out your book again in either a print or electronic format you will need to get a new ISBN (which will be under your name or the name of the new publisher). You cannot automatically generate your own ISBN as Bowker is the sole administrator of ISBNs in the U.S. (this is not true if you live in Canada or the UK).

It all depends on the terms of the contract and what mechanisms it allows for you to dissolve the contract.

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