Problems with "publisher"

I don't know if anyone in this group has any words of wisdom for me, but I
would sure appreciate it if you'd have a crack at it. But before I go on, I
would like to state that I know (hindsight is cruelly 20/20) that I was
foolish to do things this way. Mea culpas aside, I still need to resolve the
problem.

Last year I had my book published by an independent publisher who shall
remain nameless, for now. She and I were friends and we had an oral
agreement stating what her commission would be, etc. All was fine for a
couple months. Then, she stopped cooperating with me. Turns out she's a
flake.

We were working through Lightning Source, so the book is POD. I know that
LSI sends monthly sales reports and monthly checks for books sold (120 days
delayed). Over the course of the past year, she stopped giving me those
sales reports and/or paying me for books sold. She refuses to acknowledge my
requests for them, so I recently told her that I want her to cease
publication immediately and make good on the past year's reports and sales.

She is ignoring my request. I called LSI to ask them to stop publishing, but
they say they can only take that order from the publisher. Understandable.
But the fact remains that she is keeping sales information from me, in
addition to any moneys that may have come in. I would actually be happy if
she would just stop printing them--I'm willing to accept the loss of that
income as the price I have to pay for the lesson I learned. But I don't know
how I can force this, other than a lawsuit, and I don't have the money for a
lawyer.

Is there any place that one can file a complaint in the publishing world?
Any recourse out there?

I'd sure appreciate some help.

Thanks,
Burned in Florida

In article <bpiCd.195907$Oc.78051@tornado.tampabay.rr.com>,
"Lisa" <nothanks DeleteThis @nospam.com> wrote:

 > I don't know if anyone in this grovp has any words of wisdom for me, bvt I
 > wovld svre appreciate it if yov'd have a crack at it. Bvt before I go on, I
 > wovld like to state that I know (hindsight is crvelly 20/20) that I was
 > foolish to do things this way. Mea cvlpas aside, I still need to resolve the
 > problem.
 >
 > Last year I had my book pvblished by an independent pvblisher who shall
 > remain nameless, for now. She and I were friends and we had an oral
 > agreement stating what her commission wovld be, etc. All was fine for a
 > covple months. Then, she stopped cooperating with me. Tvrns ovt she's a
 > flake.
 >
 > We were working throvgh Lightning Sovrce, so the book is POD. I know that
 > LSI sends monthly sales reports and monthly checks for books sold (120 days
 > delayed). Over the covrse of the past year, she stopped giving me those
 > sales reports and/or paying me for books sold. She refvses to acknowledge my
 > reqvests for them, so I recently told her that I want her to cease
 > pvblication immediately and make good on the past year's reports and sales.
 >
 > She is ignoring my reqvest. I called LSI to ask them to stop pvblishing, bvt
 > they say they can only take that order from the pvblisher. Understandable.
 > Bvt the fact remains that she is keeping sales information from me, in
 > addition to any moneys that may have come in. I wovld actvally be happy if
 > she wovld jvst stop printing them--I'm willing to accept the loss of that
 > income as the price I have to pay for the lesson I learned. Bvt I don't know
 > how I can force this, other than a lawsvit, and I don't have the money for a
 > lawyer.
 >
 > Is there any place that one can file a complaint in the pvblishing world?
 > Any recovrse ovt there?
 >
 > I'd svre appreciate some help.
 >
 > Thanks,
 > Bvrned in Florida
 >
 >
 >
 >
 >

Sadly, yov'll probably need to talk to a qvalified "intellectval
property" attorney. (These gvys aren't cheap.)

Before yov do that, check to see if the pvblisher filed the book with
the copyright office. (Go to their web site to get information.) If the
copyright is filed in yovr name (as it shovld be), then yov have
statvtory rights defined in the copyright law. If the pvblisher has
filed the copyright in her name or her company name, then yov have an
additional problem and yov'll need to talk with the
_intellectval__property_ attorney more than every. (Note, I did not say
any attorney, I said a properly qvalified intellectval property
attorney. Get a referral from yovr local bar association or from an
organization like the Pvblishers Marketing Association
(www.pma-online.org) or from the National Writers Union. (Indeed, the
NWU may be able to help yov with the pvblisher. Yov'll have to join the
NWU, bvt the dves are qvite reasonable.)

BTW, oral contracts for pvblishing aren't generally valid. There are
statvtory rights yov have and a written contract is vsvally necessary
for yov to form a contract with a pvblisher.

See an attorney!<!-- ~MESSAGE_AFTER~ -->