How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7310
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
18215332
Type Your Estate Law Question Here...
Irwin Law is online now
A new question is answered every 9 seconds

Inherited royalties from a book my mother wrote 1979 , published

Customer Question

inherited royalties from a book my mother wrote 1979 , published by Gem Guides, mother pasted 13 years ago, since, the new owners of the company are aware of the death. have not paid any royalties to me. what can be done?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Irwin Law replied 2 years ago.
What steps were taken after your mother passed away to transfer the royalty rights to you, and to notify the publisher of the transfer?
Customer: replied 2 years ago.
none
Expert:  Irwin Law replied 2 years ago.
Is it possible that the publisher does not know who the royalties are supposed to be paid to? If you know that there have been sales of the book over the past 13 years, you should have a lawyer review your mother's contract and send a letter requesting a full accounting of the sales and for payment of any royalties that are due you at this time. There are contract statutes of limitations, so further delay in taking action is not advisable.
Customer: replied 2 years ago.
I have stated that I am in the publishers data base, and I have talked with the new ceo, who now does not want to talk to me. he has referred me the previous owner of the company, who states that I was not part of the original contract. who also does not want any further, contact with me. book is still being sold, along with another product(s). the title is GOLD FEVER, a book on panning / looking for gold. my mother in the years she was receiving royalties, had to periodically have audits requested. and they were late paying.
contract statutes of limitations, I am looking at late or no royalty payments, what does a contract have to do with paying royalties? you are saying that I am just out of luck! to collect what is due to me.
Expert:  Irwin Law replied 2 years ago.
The publishing contract between the publisher in your mother has everything to do with your right to receive royalties. It should be reviewed by an attorney, and then a formal demand made to the publisher for an accounting. If the publishers have breached the contract they may be liable for damages; however, statutes of limitations may limit the time in which a suit may be filed. That is why I suggested that you do not delay hiring an attorney - possibly one who specializes in intellectual property. I hope that this answer is satisfactory and that it has been helpful.
Customer: replied 2 years ago.
HAVE NOT BEEN ABLE TO LOCATE / FIND AN ITELLECTUAL PROPERTY ATTORNEY. THAT IS THE TIME DELAY I HAVE BEEN HAVING.
SO, WOULD YOU LIKE TO TAKE ON THE JOB? AS IT STANDS , I WOULD BE WILLING TO GIVE YOU THE RECOVERED ROYALTIES. TO ME, NOW IT IS THE PRINCIPAL. I GET THE COPYWRITES AND CAN GO TO ANOTHER PUBLISHER. YES / NO.
Expert:  Irwin Law replied 2 years ago.
Hello again. Please rate my prior answer. I'm sorry to hear you haven't been able to find an attorney. Is it because they feel the amount of money involved would be too small to pursue legal action? I cannot represent our customers directly, but I can provide you with a list of attorneys in your area if you tell me what County and/or large city you are closest to.
Customer: replied 2 years ago.
SAN BERNARDINO, RIVERSIDE, LOS ANGELES, SAN DIEGO.
Expert:  Irwin Law replied 2 years ago.
HERE ARE IP ATTORNEYS IN SAN DIEGO: http://www.martindale.com/Intellectual-Property/s-california/san-diego-law-firms.htm
IP LAWYERS IN LA: http://www.martindale.com/Intellectual-Property/s-california/los-angeles-law-firms.htm