Legal Question in Intellectual Property in Georgia

Last year I submitted my novel "Kurt's Pretty Lady" to "free-ebooks.net" to be posted on their web site for readers to download at no cost to them to enjoy. The book became quite popular as over 34,000 readers have downloaded it so far. It even went into the top ten romance novels for that web site for the year 2010.

This morning I discovered that Amazon is now selling my book for $4.99 for downloading into the Kindle Readers. I did not give permission for this sale and download and I have the full copyright from the Library of Congress. What are my options?

Cliff Ashbridge

[email protected]


Asked on 10/20/11, 10:22 am

2 Answers from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

(Next time do not include your name or e-mail in the posting.)

If you in fact hold the copyright, have an intellectual property attorney send Amazon a cease and desist letter.

If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 10/20/11, 10:29 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You have learned (sadly) a lesson. See a lawyer before you do anything involving a book.

The answer is that you probably signed your rights away. Looking at the terms of service on their website, and you agreed to them (and should have read them), you agreed as follows:

"The Website permits you and other users to submit Manuscripts and provides for the hosting and/or publishing of such Manuscripts. By submitting a Manuscript, you hereby grant the Company and its affiliates and sublicensees a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable right to (and the right to grant others the right to) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, publicly and digitally perform the Manuscript in any media formats and through any media channels. For clarity, you retain all of your ownership rights in your Manuscript. You grant Company and its affiliates and sublicensees the right to use your name and the Manuscript title in connection with the advertisement, promotion, distribution and sale of the Manuscript and in connection with the advertisement and promotion of Company and its affiliates and sublicensees and the Website."

Assuming that the company assigned your book to Amazon, you agreed to that.

However, if Amazon on its own grabbed your book from the site without permission you might have a case and need to see an IP lawyer.

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Answered on 10/20/11, 12:11 pm


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