Intellectual Property Law

Intellectual property law questions? Ask a lawyer

Ask a Lawyer,
Get an Answer ASAP!

I authored a novel in 1982. I own the copyright. There was…

Customer Question
I authored a novel...

I authored a novel in 1982. I own the copyright. There was some trouble with the publisher, which bankrupted one division. My copyright attorney at that time negotiated an agreement that they would not reprint the book. I find used books for sale listed as published by three different (than original publisher) publishers, one of which was the major company controlling the division that was bankrupted. Some of these other publishers are listed as publishing in Oct 1982. The original book was May 1982, and there should not have been any additional publications.

Lawyer's Assistant: What state are you in? And has anything been officially filed?

Arizona. No filings. I just discovered used books being sold with an inconsistent publisher.

Lawyer's Assistant: Have you talked to a local attorney? Has anything been filed in court?

No. The additional printings were made in 1982. I realiza that was a long time age. Some used books are offered for sale at a very high price.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

In 1982, the publishing division was bankrupted. I received no payments beyond the 1/2 advance. My attorney at that time negotiated with the primary officers (of both the division and the overcompany) that no reprints were to be made. The division transferred contracts to the overcompany with no provision to pay authors. My attorney thought she stopped that, especially as the copyright was held by me, not the publishing division.

Submitted: 8 months ago.Category: Intellectual Property Law
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Answered in 1 minute by:
9/25/2017
IP Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 11,375
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Ask Your Own Intellectual Property Law Question
IP Lawyer: Legal Eagle, Lawyer replied 8 months ago

This appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. One thing that you have to keep in mind that the other party may try to argue that the statute of limitations has passed. However, if you can prove through the discovery process that there were sales that occurred within the statute of limitations than the breach of contract will start from the oldest date within the SOL. Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Ask Your Own Intellectual Property Law Question
Was this answer helpful?
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 11,375
11,375 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

561 satisfied customers

I assist my clients with IP questions that arise in their daily course of doing business.

Thomas Swartz

Thomas Swartz

Lawyer

465 satisfied customers

Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Ely

Ely

Counselor at Law

461 satisfied customers

Licensed attorney in private practice.

Wilton A. Person

Wilton A. Person

Lawyer

352 satisfied customers

MBA, Experienced and Knowledgeable in Intellectual Property Law

BartEsq

BartEsq

Researcher

192 satisfied customers

Juris Doctor

P. Simmons

P. Simmons

Lawyer

175 satisfied customers

12+ yrs. of legal experience.

ipesq

ipesq

Lawyer

134 satisfied customers

Specializing in patent prosecution, trademark and copyright registration/enforcement.

< Previous | Next >

Related Intellectual Property Law Questions
I NEED A COPY RIGHT LAWYER. I AM A RESSELLER OF IPTV
HI I NEED A COPY RIGHT LAWYER. I AM A RESSELLER OF IPTV WHICH IS INTERNET TV. I WANT TO KNOW IF THIS IS ILLEGAL IN THE U.S. I PAID FOR MY OWN RESELLING IPTV PANNEL. SINCE ALL THE CHANNELS ARE BEING ST… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
, how can I submit an action seeking court order to
Hi, how can I submit an action seeking court order to restrain the counter notifier's allegedly infringing activity. This is for youtube Please see email below. Hello, We received the attached counter… read more
Alex Reese
Alex Reese
Intellectual Property Attorney
JD
3,460 satisfied customers
list some copyright laws in Ghana,and panalty of breaking copyright
list some copyright laws in Ghana,and panalty of breaking copyright law ,but i dont have money am a student in Ghana ,we are doing projection and they ask me to find it on the internet… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Looking for info (i think) on copyright and licensing... I
Hi Pearl, looking for info (i think) on copyright and licensing... … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I just got off the phone with the copyright office and
I just got off the phone with the copyright office and apparently, quotes aren't copyrightable? The rep said I should trademark instead. Is that right?… read more
Kendell Kelly, Esq
Kendell Kelly, Esq
Kendell R Kelly, Esq
Doctoral Degree
593 satisfied customers
I have a couple of questions on copyright on names of points
Hi - I have a couple of questions on copyright on names of points of interest in a city. For example, can I put Torrey Pines Golf Club in a list of point of interest for San Diego for a commercial pur… read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,504 satisfied customers
Let's just say this quote is copyrighted: "Please Remain
Let's just say this quote is copyrighted:"Please Remain Seated For the Entire Performance."Is this quote violating that copyright?:"Please Remain Seated For The Entire Pooformace."… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,210 satisfied customers
I am actual copyright holder of a musical composition that
I am actual copyright holder of a musical composition that went viral , how can I get the valuation and or affordable appraisal, of its equitable value? … read more
Legal Eagle
Legal Eagle
Lawyer
11,375 satisfied customers
I wrote and copyrighted a novel titled "Eclipse" in 1982.
I wrote and copyrighted a novel titled "Eclipse" in 1982. The story takes place int the museum of natural history in New York City. The book brings to life a dinosaur, mummy, other reptiles and so on.… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
732 satisfied customers
Deleted a copyright video accidentally from a file share in
Deleted a copyright video accidentally from a file share in Dropbox and now the copyright holder is threatening to report me. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it possible to be sued for copyright infringement of a
Is it possible to be sued for copyright infringement of a song if a songwriter thinks a verse sounds similar? My next question is, is being sued for copyright infringement of a song possible as long a… read more
socrateaser
socrateaser
1,031 satisfied customers
Can a nomographic map be copyrighted. None. just an idea
can a nomographic map be copyrighted JA: What written documentation do you have? Customer: none. just an idea JA: Have you talked to a local attorney? Has anything been filed in court? Customer: no JA… read more
Legal Eagle
Legal Eagle
Lawyer
11,375 satisfied customers
Are dictionary definitions copyrighted They are facts right
Are dictionary definitions copyrighted? They are facts right? If one wanted to write a dictionary of 40 words how would one avoid a copyright violation? Would referencing one or more dictionaries be e… read more
Alex Reese
Alex Reese
Intellectual Property Attorney
JD
3,460 satisfied customers
Can a floral design be copyrighted?
Can a floral design be copyrighted?… read more
Alex Reese
Alex Reese
Intellectual Property Attorney
JD
3,460 satisfied customers
Can a public school teacher copyright highly-unique curriculum
Can a public school teacher copyright highly-unique curriculum that they created from scratch?… read more
Alex Reese
Alex Reese
Intellectual Property Attorney
JD
3,460 satisfied customers
Is it illegal to show a DVD movie in a public place such as
Is it illegal to show a DVD movie in a public place such as a mobile home park's clubhouse? The movie is an original, owned by one of the park's residents. No one is charging admission or is selling r… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
561 satisfied customers
Are there copyright laws preventing the use of The Beatles
Are there copyright laws preventing the use of The Beatles images? Also I know I cannot use the name The Beatles for an event title but I can use Beatles Tribute. Is there any copyright preventing me … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,344 satisfied customers
I wish to use the Mug Shot of Frank Sinatra as part of my business
I wish to use the Mug Shot of Frank Sinatra as part of my business imaging that I am going to call "Franks", are mug shots public domain or can an individual own the copyright to them?… read more
Kendell Kelly, Esq
Kendell Kelly, Esq
Kendell R Kelly, Esq
Doctoral Degree
593 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x