Hello Fran and thank you for requesting me.
As a follow up to your previous question, here is more information from the Author's Guild. It explains how electronic publishing rights are generally addressed in separate contracts. Click here
You may also find the links below valuable for future negotiations:Authors Guild: http://www.authorsguild.org/http://ebookweb.org/I-Universe: http://www.i-universe.com/Xlibris: http://xlibris.com/http://www.todancewithangels.com/ebookvsprintpage.html
To address your question, the only "publishing rights" that the publisher has, are obtained by contract. There are two key ways in which publishers can obtain rights. One way is through a license. However, with a license the publisher does not obtain ownership of the final work -- only certain limited rights, defined by contract. Your standard author-publisher agreement is nothing more than a license. Under copyright law, any right not expressly granted to the publisher, is retained by the author. Therefore, if the publisher did not get an express grant of electronic rights, they do not have the right to exploit those rights. In short, I concur with you assessment. If the publishing and distribution agreement is severed, they would not have the authority to continue to sell your books without your consent. You may want to have a local attorney review your contract to ensure that there is not a provision to do so should the relationship be severed, or which transfers ownership and/or full priviledge outside of the contract. At a minimum, you would be entitled to royalties for the sale of your book. Again, in the absence of a provision in your contract to the contrary, it is likely that such acts without your permission are a copyright violation.
Let me know if you would like more information.
Please remember to click "ACCEPT." This is the ONLY way I am paid for my efforts.POSITIVE FEEDBACK is appreciated and reciprocated.
All of my BONUS earnings will be DONATED to:
The Breast Cancer Alliance United to Support and Educate (BCAUSE) and PAWS; a non-profit organization which provides essential services to assist the low-income elderly, chronically ill and disabled in keeping their companion animals.Thank you for your support of these CHARITABLE ORGANIZATIONS!Disclaimer: Any information given by me is for informational use only and is not legal advice. This is general information and is not intended to be specifically tailored to an individual. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites. Persons accessing this response are encouraged to seek legal counsel in their jurisdiction for accurate guidance regarding their individual circumstances.
FOR ENTERTAINMENT ONLY
Information provided is for entertainment puposes only and is NOT legal advice.
If they mailed you a letter relinquishing all of their contractual rights, they would not have the authority to sell these books without your consent. If you do consent, you may consider having a new contract drafted which clearly establishes their rights and the royalty structure. Kindly let me know if you would like more information.