I had a two-year contract with a publisher that has since expired (expired Jan 2015).
The contract granted the following rights (excerpted):
[[ WHEREAS the Author is the sole composer and copyright holder of the literary Work presently known as [deleted].
Author hereby grants Publisher the rights to print and distribute the book to the marketplace limited to two (2) YEARS. Author agrees that all subsidiary rights shall be divided 50% to the Author and 50% to the Publisher.
DISSOLUTION: At the dissolution of this agreement, Author agrees that all bound copies shall be delivered to the Author at 60% discount and Author may dispose of these copies and retain all proceeds. Should the author elect not to purchase the remaindered books within 30 days, Publisher would dispose of such copies without reporting further to the author. ]]
DETAILS FOLLOW SUPPORTING MY QUESTIONS BELOW:
a) My book continues to be sold by Amazon.com for $18.00 (now 6 years later) and I've not been able to get anyone to tell me who is printing the book - nor am I seeing any of the royalties that would come from sales. Nor did I get the option to buy the remaining books at the 60% discount as stated in the contract.
b) Last week, my new publisher published the sequel to the book - and with new attention from this publication, I'm getting requests for the books as a set/series.
Based on the contractual elements above, I want to better understand my rights as I move to have the first book republished.
1) Shouldn't I be a part of the decision if the first publisher decides to continue to print the book? 2) Shouldn't I be receiving royalties if the publisher is still publishing the book for Amazon.com? 3) If I have it republished next month, is there any legal exposure on my end?
Any help would be appreciated.