In 2004 I was interviewed over the phone by *Mary* for her book on help desk management and customer service. I took a picture for the book and it was sent to her. She told me she would contact me when the book was finished and send me a copy. I have since wondered when I shall see that book. Now today, I Google myself and find out I am in this book, published in 2004 and never knew it was actually completed. Do I get royalties or some sort of payment, or can I sue her? What should I do?
(I googled her and found out she is the president of her own company and I have the number. Should I call her and question her, or speak to a lawyer?)
2006-12-05 18:49:47 · 10 answers · asked by xxxxxkikixxxxxxxxxxx 2 in Arts & Humanities ➔ Books & Authors
thnx, everyone and im NOT expecting a whole lump sum of money. i just wished she would have notified me....at least send me the darn book!
2006-12-05 19:11:10 · update #1
She promised you a copy of the book, and that's all she owes you.
It was discourteous of her not to inform you that it was published, but discourtesy is not actionable.
It was likely an oversight and you should phone her and explain that you didn't receive your promised copy. If you are polite and adopt the non-confrontational stance that it was an oversight, she would likely send you the book.
2006-12-06 08:28:57 · answer #1 · answered by Anonymous · 1⤊ 1⤋
I would say you may have a claim but it would be frivolous in nature. It does appear that you have a contract with this lady providing that when you were promised a copy as consideration for sending in the photo. Without more information I would say the case may fail for want of consideration. However, on a theoretical level It could be argued the promise mentioned above is valid consideration and the courts will not enquire into the nature of consideration even if for pepper corns (Nestle). I think you may have a valid claim for a book though It would not go very far. If royalties were not part of a contract I would say that there is no allowance for that and that claim would fail. On the bright side you could get a book (but the suit would cost more). I would not see a lawyer as prima facie you can only claim for restitution losses (the price of the book) but perhaps you should complain directly.
2006-12-05 23:40:19 · answer #2 · answered by tissapharnes 3 · 0⤊ 1⤋
You should call her first. Explain the situation. She what she says. (That's the first question a lawyer is going to ask YOU--did you call her?).
Maybe she'll be a reasonable person, and work something out with you. But she has rights TOO, so don't expect her to.
This isn't some big payday for you honey. You won't see a dime. So don't waste your time. No lawyer will take this case, based on what you said above. You have NO CASE AT ALL.
2006-12-05 19:03:33 · answer #3 · answered by MrZ 6 · 0⤊ 1⤋
I can see why you are a bit upset but I doubt she did this deliberately to piss you off. It was probably an oversite on her part. I think the most you can expect is what you were promised, a copy of the book. I suggest you contact her, remind her that she promised you one and say you'd like it if at all possible and no doubt she will send it with her compliments. Just because you appear in the book doesn't mean you are entitled to anything.
2006-12-05 20:26:42 · answer #4 · answered by gerrifriend 6 · 0⤊ 1⤋
Did she tell you that she was putting your answers and picture in the book?
And then, did you agree to that, or did you specifically say anything about letting you think it over, wait, will there be payment, what do I get if i allow this, etc?
It depends on what you signed, what was said, and what expectations each party had. You should consult a lawyer.
2006-12-05 18:58:35 · answer #5 · answered by Longshiren 6 · 0⤊ 1⤋
If you gave her the interview with the knowlege that she was writing a book, then what you said was fair game. The same is true if you sent the picture unsolicited.
2006-12-05 18:58:23 · answer #6 · answered by Anonymous · 0⤊ 1⤋
It sounds like she is a "vanity publisher", a person who publishes other people's work, and asks them to buy it back in return. I think it's best you consult a lawyer regarding the matter.
2006-12-05 18:55:59 · answer #7 · answered by xander 5 · 0⤊ 1⤋
get a consult with a lawyer to see if you even have a case... because since you knew she was using your interview for a book, you may not have one.
2006-12-05 18:52:18 · answer #8 · answered by Whatev' Yo' 5 · 0⤊ 1⤋
You answered the questions, knowing it was for a book and you sent her the pic of you. Unless some contract was in place, everything she did was legal, sorry.
2006-12-05 18:53:40 · answer #9 · answered by warlok1 2 · 0⤊ 1⤋
I agree
2006-12-05 19:15:30 · answer #10 · answered by Anonymous · 0⤊ 2⤋