My father wrote a book published back in 1958 for a seriously-prominent think tank that Amazon has had for sale USED for $15 or less.On July 3, 2012, I found a NEWLY-PUBLISHED edition, June 26, 2012, for sale at Amazon for $46!The "new publisher's name" is LITERARY LICENSING, LLC. Google that."They" are addressed to a PO Box in Whitefish, MT.LOTS of questions.Paul W. Moore
Country relating to Question: United States
State (if USA): New York
An age-peer friend whos is writing a book for the same think tank has given me a direction which I will share when appropriate.
Thank you for the post, I am happy to assist you by answering your questions. What question can I answer for you?
My mother is 92. I am 66. We both need money.
My friend sent me this link: http://productforums.google.com/forum/#%21msg/books/4b8Bj0HTtxE/QrgvX0gdlh8J
Is there a way for us to profit from my father's work. The "new publisher" NEVER contacted either of us.
All my BS alarms have gone off. PO BOX in MT? Sounds REALLY suspicious! We want to verify how the rights to publish this recent edition of his book were obtained from the PROMINENT think tank the book was written for.
Here is the email I sent to my friend.
BTW, he has a Masters from Johns Hopkins in International Studies. I trust him.
Thanks for the quick response on this. The title of my father's book is NATO and the Future of Europe, published by the CFR in 1958. While he may have signed a release of some sort back then regarding his intellectual property rights , I think his estate, at least, should have been given first right of refusal if the copyright were to be sold or about to expire. His work helped make the CFR what it is today. They owed him the courtesy. BTW, he was Associate Director of the Twentieth Century Fund in Manhattan while he was writing it. I have NO experience in Intellectual Property Law. Any help you can be would be GREATLY appreciated. Frankly, my family, particularly my mother, age 92, and I need money. My sister is fine. She is/was a long-time CPA on Martha's Vineyard and married well. Dad got too little benefit from his public service. This would be a legitimate, honorable way to get it."
Do you know whether when your father passed he retained the exclusive rights to the work published?
Unknown by me.
ok, this is actually critical because if so, then the new publisher's use of the content is in violation of your father's estate's copyright over the material, however if your father did not have exclusive copyright ownership or otherwise exclusive rights to the work, his estate would not have a claim.Therefore, on behalf of his estate, you should send a demand to the new publisher requesting documentation establishing its right to publish the work as upon information and belief your father holds the exclusive ownership over the work, and if no such documentation is produced to show that the new publisher has the right to publish the work, you will construe the absence of evidence of right to publish as evidence of no right to publish, and in turn retain counsel to pursue the publisher for intellectual property right violation. Please let me know if you need additional guidance.
As I see it, there are two separate actions I need to take:
How long does the CFR have to respond to the request?
How long does the "new publisher" have to respond to either or both of the requests?
What are my next steps if either or both FAIL to reply during that time frame?
Does Amazon have any liability here, given the content of the link I sent you?
1. You or your father's estate would establish the period within which to respond. They are not legally obligated to respond at all, but the threat of lawsuit as a result of the failure to respond is what would compel a response. By CFR I assume you are referring to a private publishing group.2. Same is true for the new publisher as explained in paragraph 1.3. The next step would be to retain counsel to draft and send demand letters on behalf of the estate requesting the information again with threat of suit and motion to enjoin future sale of the work pending a court of competent jurisdiction's determination of whether the new publisher has the right to publish the work.4. So long as the retailer can present valid evidence that the new publisher represented that it had the right and ability to sell the work, the retailer is not liable as the retailer is only charged with taking reasonable efforts to safeguard against copyright infringement. If the new publisher submitted what purports to be evidence of ownership or license to publish the work the retailer does not have to verify the legitimacy of the representation (so long as the representation appears credible).
The CFR to which I refer is the Council on Foreign Relations in Manhattan.
Thank you, XXXXX XXXXX considers itself "an independent, nonpartisan membership organization, think tank, and publisher. source: http://www.cfr.org/about/ Please let me know if you have any follow up questions.
I apologize for the delay in response.
May I clear my letter and fax to the "new publisher" with you today before I send them?
Yes, though this is beyond the scope of your initial questions and is much more akin to document review than a question and answer, and therefore would be properly suited for the "Offer More" feature. The Offer More feature is designed to act as a vehicle for experts to offers customers additional services beyond what is called for in the initial question and answer. If I have answered your questions, please click Accept and I will then initiate the Offer More feature, and await another response from you.
I understand your position.
However, I cannot afford to pay for more.
Thank you for your assistance.
May I suggest you read the link I sent you in its entirety if you have not already. It seems this is a rampant problem.
Further, I have had another insight and will pursue it as well as yours on my own.
Paul W. Moore
Thank you Paul, please remember to rate my answers positively if I have answered your questions.
Regularly draft and negotiate IP contracts/deals.
At this time, I do not have the resources to provide you with the bonus you deserve.
The $60 fee I paid for this must suffice for now.
However, if I see the need for further advice in this matter, and It is after the first of the month when I get paid; I will contact you for in an "Offer More" mode immediately.
Thank you Paul, have a great day.
CRF has been contacted. They have something for me that will have soon. I wil decide if I need your continued services once I've read what they have.
I thought I had already given you an "Excellent".
I will resend.
Thank you for the update Paul, have a great day.
3rd time: "Excellent!"
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