Legal advice on unpaid royalties

Questioner

Dear Madam / Sir, Several of my photos have been used for greeting cards by a publisher. I get paid royalties. However, the last payment was over four years ago and my images are still being sold. I have confronted this publisher about it several times. I get apologies and promises, but no money. What can I do? Please respond. Thank you in advance.

Lawyer

I advise you to send a written notice and also indicate that legal assistance will be sought if payment is not made. Do you know the size of the claim?

Lawyer

I assume that you entered into a written agreement with the publisher at the time. This agreement states what you can do if the publisher fails to meet his payment obligations. In any case, you can then terminate the agreement on the basis of the law. Before doing so, you must formally put the publisher in default and summon him to pay the royalties to you and prohibit him from using the photo until he pays the royalties still due. If he fails to comply with this summons, you can terminate the agreement and demand payment of the royalties in court.