Breach #1:
Royalties will be accumulated and paid no later than forty-five (45) days
following the end of each calendar quarter.
This did not happen. Royalties were not paid
on time.
Breach #2:
Publisher will provide a written report of sales with payment and provide any
further reasonable information relevant to sales of the work upon author's
request.
This did not happen. Written reports were
seldom sent out and when they were they were inadequate.
Breach #3:
If the Publisher sells its assets to another publisher who does or plans to
market and promote books of the type and genre of the Work, the successor
publisher will be bound, as a minimum, to the same terms delineated in this
agreement.
This did not happen. The Letter of
Agreement, changed the terms for copyright and royalty payments.
Breach #4: Audit Accounting. Publisher will keep
accounts of all receipts and expenditures regarding the Work, and these
accounts will be available for Author's inspection. Author may, on reasonable
notice, through his/her designated representative, examine Publisher's records
that relate to the Work.
This did not happen. In 2012, authors
requesting an audit were stonewalled by silence.
Breach #5: WCP continued to sell
out-of-contract books and ignored all requests from the authors to remove them.
This is ‘Willful Infringement.’
http://accrispin.blogspot.ca/2014/06/start-media-buys-whiskey-creek-press.html
http://www.thepassivevoice.com/06/2014/start-media-buys-whiskey-creek-press-imposes-new-contract-terms/#comment-222553
