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Old 05-15-2012, 11:40 AM   #18
Elfwreck
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Location: SF Bay Area, California, USA
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Quote:
Originally Posted by cromag View Post
On the other hand, in any profession that I've personally encountered, if a person represents themselves as "professional" and turns in sub-standard work, they can be sued. She would probably need to show damages. Since she didn't pay anything, the obvious "damage" isn't there. But if she can convince a court that the miserable spelling and grammar reflects on her and has damaged her chances of making subsequent sales, she might succeed.

If it were me I'd at least look into it.
I've recommended she look into something like that. She's in Canada, and therefore has moral rights unless she specifically waived them--and I suspect this publisher is oblivious to that, and thinks the "conflicts will be resolved in my state" bit in the contract overrides other nations' laws.

I suspect she's got reasonable grounds to at least get her name pulled from the book so it won't damage her future publishing career. Also, if she thinks she's got a good case for breach of contract, the publisher is distributing her works in violation of copyright law, which means she can file a DMCA takedown notice on the book.
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