My contract states:
1.1 If the Work shall be no longer in publication and if, after written notification from the Author to this effect, Publisher shall fail to place the Work in publication or license publication of a reprint edition by another publisher as permitted herein, within a period of six (6) months after the date of such notice, this Agreement shall thereupon terminate and all rights shall revert to the Author, with the exception of any outstanding licenses entered into by Publisher prior to such termination.
A Work shall be considered in publication based on any of the following standards:
- for a fixed term of eighteen (18) months following first digital release.
- for a fixed term of twelve (12) months following first print release, if any.
- for a fixed term of twelve (12) months following first audio release, if any.
- if combined sales through all sales channels of all editions, in all available formats (from whatever technology), exceed 100 copies in a twelve (12) month period.
A Work shall be considered out of publication when it fails to meet all the standards specified above. Should the Work be out of publication in accordance with the standards specified above, Author shall have the right to revert rights in accordance with the terms of paragraph 1.1. Such reversion of rights will be effective six (6) months from Author’s written notification via electronic or postal mail to Publisher.
I requested rights back to EVERYTHING in an August 1, 2013 e-mail.
I have been notified by you that the following works under your purview have reverted:
For Love of Etarin
Raising the Dead
Eight Days Ablaze
The following works are still held:
Cherry Tart (2009)
Spellbound Desire (2012)
Heart's Bounty (2013)
Cherry Tart remains compliant with the terms of section 1.1, Sales in 2012 equaled 642 copies; in 2013, 414 copies, and for the first 5 months of 2014, 151 copies.
Spellbound Desire was released in 2012. It is past the 18 month date. The print version came out in the 22nd month. Sales have been poor 2012, 83 copies. 2013, 45 copies. 2014, 7 copies. By the third clause of Section 1.1, it should have reverted to me at the end of April 2014, since it had been out for 18 months, and sales in the calendar year had been less than 100 copies.
Heart's Bounty was released in 2013. It sold 55 copies in 2013, and 10 in 2014. For the first 12 months of its release, it sold 65 copies. Therefore, it should have reverted at the end of May.
I hereby serve notice to Ellora's Cave, Jasmine Jade Enterprises and all other affiliated entities, that I claim all rights to Spellbound Desire and Heart's Bounty as my own. You will cease and desist publication at once.
You tell them!
I am impressed. Truly impressed. You go, girl!
For Spellbound Desire, was there an audio release ever made? That contract wording is all sorts of funky. EC may use that clause against you. I would run it by a literary lawyer first (if you haven't already) and make sure the wording is deciphered thoroughly.
Good for you! This looks incredibly frustrating to me.
Marie, there is no audio book of any of my work. And the print came out last month (well after the rights should have reverted based on sales)
I don't know why they'd want to hang on to it, if it's selling so badly.
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