Trying to buy a license for an out of print book

[lakotalisa]

My jurisdiction is: United States

I wish to publish and sell a new series of books based upon a series that has been out of print for over forty years. I contacted the original publishing house regarding the purchase of a license to do this. I sent two emails, made two telephone calls and left a message with the person who handles such things, I then sent a check for $100 as a good faith gesture to show I wished to purchase the license...and then I sent a follow up letter as well. I have dated copies of each of these correspondences. I finally emailed the company again. I have received nothing for any of these efforts. I wish to purchase the license, but they refuse to respond in ANY manner. They have not cashed the check. Should I go ahead and print and sell these new books, could they take action against me? Since I have made a very concerted effort to pay them for the rights, and they have refused to respond, could I use this as a defense should they decide to sue? I would imagine they would serve a C/D first. I don't care how much they want...I WANT to pay them...but I cannot get through to them to even discuss an offer. The series I am wishing to publish will not be a great money-maker. It has a very limited audience. I would think it would cost the company more money in legal fees and such to come after me than they would ever make from the publication. I am uncertain as to whether they don't care or whether they even hold the rights anymore? But I have been unable to find out anything. Would it be advisable to just send them a copy of what I intend to publish, or would that get me into more trouble?

Thanks,

Lisa

 

[Michael Wechsler]

Lisa - if they own the rights then, unfortunately, it's all up to them whether you can legally reproduce the books. If you infringe upon their copyright, you could be liable for damages and cost you more than the sales of the books. It is not a good idea to begin selling them before you have the rights. Could you be right about the risk of the right holder suing you? Sure, but that is your call. They may not care. But that risk of suit is always there and nobody can tell you what the outcome. Have you tried getting an attorney to contact them and see whether a person who does this kind of work might get a better response?