Breach of Contract - Tate Music Group & Publishing
My book was first released in July, 2015. There were over 125 typographical errors and were corrected in the files submitted, but the Publisher failed to incorporate the changes noted and released the book filled with errors. Upon notification, they offered to correct at my expense.
Their contract with me did not require me to pay any upfront costs, but included 1.5 million Television impressions (value $2,000). as wells other promises for Media exposure (Value $3,999). They never fulfilled the TV part and offered, instead, 1.5 million Social Media impressions using App Ads.
Months of inquiries went unanswered and the only documentation they provided was an in house spreadsheet that could not e substantiated and upon request for the Ad itself, they went silent. None of the royalty checks reflected even 1/10th of the sales on Amazon let alone selling out of all Barnes & Noble Stores nationwide. Every inquiry regarding the discrepancy went unanswered.
In September they offered a special price for a 2nd Edition to incorporate any and all corrections to the original manuscript. They refused to take responsibility, but instead charged $1,200 for the corrections. As sales were robust and inventory was low, I chose to to pay the $1,200 so that a quality edition would be available as the major chains and outlets were reordering.
It was not until after I paid the money that they informed me they would not release the 2nd Edition until late February. I did receive a corrected proof and approved it and received a confirmation that it was in the production schedule. I still had not received a corrected royalty statement or check since July, 2016.
On January 9, 2017 I received an email asking me to pay $50.00 to obtain a copy of my production ready file that would be sent to me in 3045 days, if I released Tate Publishing and indemnified them from legal action. They now owe me a refund of the $1,20 plus all royalties for the last 6 months and corrected royalties dating back to July, 2015.
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