Q: "My former publisher and I parted ways last summer (2008). This happened when a pro bono attorney involved told the
publisher to stop publishing and listing my book at Amazon and Target. The book was then registered and the copyright
was placed in my name via the attorney.
This week I asked Amazon, Target and Goodreads to remove the listing of my
book from their web site. They all said no. At Amazon, pages of the book are available to be read. It is embarrassing. The
book was unedited and my publisher went ahead and set up this information at Amazon right before we parted ways.
Why
is the first publication (unedited and filled with errors) of my book permanently listed at these sites? They wrote back to
me yesterday explaining the law. I don't understand it.
I want a fresh start with a second publication of my book someday
soon, now that the copyright of the book is in my name. May I change the title and cover to disassociate my book and self
from the first publication without affecting the copyright? May I use the originally assigned ISBN for a second publication
or do I have to buy a new one?
I am having difficulty in understanding the technical area of publishing. My first publishing
experience was a very bad experience. On the other hand I know the validity and quality of the work I have written and
received a positive review from the author Barbara Seaman I hope you can answer these questions for me.
Thank you for
your time and help on this matter as I am drowning in questions and confusion." — C
A: Well, C, what an unfortunate situation. I went to Amazon and did, indeed, find your book still listed there,
along with page views of the table of contents and first few pages—though it was not actually available for sale.
Let
me answer the easiest questions first:
1) An ISBN is assigned to
one publication of one book and may not be reused on subsequent versions or derivations, such as audiobooks. So you will not
be able to use the original ISBN and would have to purchase another if you publish the book with a different title and/or
version number.
2) The issues between you, your former publisher, and the listing websites
(i.e. Amazon and the others) are more complicated. Without actually reading all of the contracts involved (and even then),
I don't have sufficient information to give you any definitive answers.
If
the original publisher released the copyright to you, then you have the right to publish the book again, including new versions.
That is the good news. You should be able to give the book a new title, cover, and change its content. (Remember that
each derivation or version will need its own ISBN number.)
As to why Amazon and the
other sites continue to publish the original listing, you would need to read the contract signed by your publisher, the then
owner of the copyright. Has your original publisher contacted the sites and requested that they remove the listing? The
answer could be as simple as that the original agency or person listing the book must also be the agency or person
who takes it down.
Assuming you've already followed that train of thought and action, you
may be forced to deal with the situation through legal channels. After all, it's your good name that is at stake, and
simply publishing the book under a different title and cover will not remove the fact that your name—associated with
the original, unedited version—is still on those websites.
It's important to remember
that I am not an attorney and any advice I give here should be verified with an attorney who specializes in copyright law.
I do recommend that you establish a relationship with such an attorney. Yes, it will cost money (unless your pro bono attorney
has that specialty), but your investment will be worth every penny in the long run.
