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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Intellectual Property Law
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Experience:  I assist my clients with IP questions that arise in their daily course of doing business.
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Little, Brown wont answer my request for return of my copyright

Resolved Question:

Little, Brown won't answer my request for return of my copyright of my political novel, which has been out of print for years. My agent for that book is deceased. A Hachette Vice President promised to forward my request to the "appropriate parties" and I should receive "a response in next several weeks." Been 7 months and no response. My contract is quite explicit that the copyright returns to me when the book "is out of print" or "unavailable." I have a good offer from an E-book publisher. What do I do? Or who do I sue? thanks, XXXXX XXXXX
Submitted: 11 months ago.
Category: Intellectual Property Law
Expert:  Dimitry K., Esq. replied 11 months ago.

Thank you for your question, John. Please permit me to assist you with your concerns.

 

In this situation, if the publisher is wasting time and playing dumb, the next step may be to resort to a formal certified demand letter granting the publisher a set period of time (for example 14-30 business days) in providing back the property that belongs to you. Point to the terms of the agreement and state that failure to do so in time would be considered by you to be in breach and will permit you to take whatever legal steps you deem to be necessary. That means that if they fail, you could claim 'breach of contract' and retain an intellectual property/business law attorney to potentially pursue them for the return of your property and damages. You would need to pursue the holder of the copyright, meaning the publisher, for the return of your property based on the terms of the agreement.

 

Hope that helps.

Dimitry K., Esq., Attorney
Satisfied Customers: 38282
Experience: I assist my clients with IP questions that arise in their daily course of doing business.
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