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I hope you can help me. Back in 2018 I had my short story published by a publishing house. He insisted that there was no need for a contract even if I asked for one. He tried to print my book but after some failed attempts(bad printing and cut) and two years of patience I asked him to stop the process. The publisher agreed but informed me that we had it typically published as a first edition because he had already sell few of the failed books(2 or 3 copies). My questions are these. Can I include this book in my new one as a chapter and publish it by a different publisher? Does the "no contract" prevent me from doing something like this?

Thanks for your time

Alex
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2 Answers2

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If you don't have a contract, the "publisher" might not even own any of the rights to the book. Is there a copyright page in the book? If so, who is the copyright registered to?

In the case that you don't own the rights, you might be able to just ask for them to be returned to you by the publisher. It's not unusual for previously published material to be included, with permission, in longer works, although it's typically reworked, rather than included verbatim.

In the future, don't work with someone who isn't willing to put the terms in writing. It's a sign of unprofessionalism. A good contract protects both sides.

NOTE: I am not a lawyer, so this is not legal advice. Your best bet is probably to run this by someone who specializes in copyright law. However, if you are submitting to a traditional publisher, they should have lawyers on staff. Just make sure you let them know your situation.

Chris Sunami
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You need to see an IP attorney.

Who was the publishing house? Their refusal for any sort of written agreement says they are not a pub house.

Your further somewhat confused statements indicate this was some sort of POD 'publisher'.

Your lack of clear rights could be a problem but my NON professional opinion is that you could include the short story in another book.

That said, in the USA anybody can sue anyone else for anything, thus just because you have the right to do it does not mean you wont have legal problems.

You really need to see an IP attoryney.