Mgr. Jan Brauner (https://inpartners.cz/en/jan-brauner-en/) Professional Authorization Attorney at law Specialization: Trademarks, copyright, and software, unfair competition, personal data protection, internet law Languages: Czech, English Membership in professional organizations
I had to hire a lawyer to step in this case because the Publishing house, 'Albatros.media' violated the contract in many ways. The final sign was made in October 2022.
Initially, before signing the contract, I asked this Publisher House to give me a separate contract for each of my books from the series, "The Power Of The Wellnsburgs' Swords" so, the IRS would have an easier time tracking my income. After I saw what this publisher, which belongs to one of the big publishers in Europe, did with 1. volume, I legally terminated the contract.
Although the contract contained other information, Alatros.media's representative, Ms. Irena Krebsova, deliberately lied. She could read it and see exactly what was written there. In other words, the company was stealing the royalties of the author, etc, etc.
Ms. Hamlet drew attention countless times to the violations committed by this publishing house. These violations were in contradiction with the contract, and she hoped that the mistakes would be corrected. Ms. Hamlet had to hire a lawyer to inform the company of the violations through legal means because the company's lawyer refused to comment on them. The publisher firmly believed that Mrs. Hamlet would never hire a lawyer because she resides in the United States.
If you're planning to publish with Albatros. media, consider your steps carefully!
Since the books in the series belong together, the publisher lost all rights, and they were returned to the author.
Mgr. Jan Brauner is fascinated by the recent development of information and communication technologies and their significant impact on the application of law and business of clients. He is therefore well familiar with such terms as cloud computing, SaaS, or cyber security. Jan prepares quality software agreements, starting from the analysis, through development, licensing, and implementation to service and maintenance. He further provides professional consultations in the field of Internet law, where he customizes the creation of business documentation (logo and website creation, business conditions, privacy policies) and enforcement of rights on the Internet. Most of the time, he represents clients before the courts in disputes concerning the enforcement of rights related to trademarks, industrial designs, and patents as well as in matters of unfair competition. Clients appreciate Jan’s reliability and determination in the search for optimal solutions.
*The following is a portion of my lawyer's communication with the Publishing house - 'Albatros.media'.
Thank you, Mr. Jan Brauner, for your excellent work and my success in this cause!*
During the duration of the contract, my client experienced several interferences with her rights by you. According to § 11 paragraph 2 of Act No. 121/2000 Coll., on copyright (hereinafter referred to as the "Copyright Act"), the author has the right to claim authorship, including the right to decide whether and how his authorship should be indicated during publication and further use of his work if the attribution of authorship is customary in such use.
Of course, it is customary to indicate the author of a book. It is also customary (although not explicitly prescribed by law) to include the author's medallion (usually on the inside of the book cover or in the opening or closing part of the book). You mention my client's name in the book, but her short biography is missing from the book. This interferes with my client's personal copyrights. In this context, it is necessary to realize that an author's work of this scale is created on the basis of many years of work by the author, who imprinted a piece of his personality on it. A client finds it incomprehensible that something so small and yet so standard was not done and that the book that was published by you did not include her medallion.
In addition, the title of the book is stated in the contract as Power of the Wellnsburgs swords – Charming Katrine, Part 1. But the book you published is entitled Katarine and her intrigues. According to § 2 paragraph 3 of the Copyright Act, copyright applies, among other things, to the title of the work. At the same time, only the author can approve changes to the work, incl. its name. My client did not consent to the name change, therefore this fact also represents a violation of my client's rights. Changing the title of the book, or the discrepancy between the name stated in the contract and on the tax documents also causes my client problems with the US Internal Revenue Service (IRS), as there is no connection between the contract and my client's income according to the tax documents. From the tax documents that you made available to my client, it follows that, contrary to the contract, you also reduced my client's remuneration by 150 sold copies of the book, despite the fact that she had previously pointed this out. In the tax documents, this is marked as "KS WITHOUT CLAIM TO REWARD".
The tax documents also show sales of my client's book for extremely low amounts. E.g. document No. 501H2102577 dated 31/12/2021 states the sale of an electronic copy for the price of CZK 28.95 (less than $2). To my client, it seems unlikely and unusual that this would be the actual sales price. Based on the email correspondence between my client and Ms. Krebsova, it appears that your company is degrading the basis for calculating my client's royalties in violation of the concluded contract. In an email dated September 27, 2017, Mrs. Krebsová states (emphasis added by the author): "In Article VI. Author's remuneration - it is clearly specified that the remuneration for both methods of use established by the contract (i.e. book, electronic) is set at the amount of 14% of the income achieved by the licensee - i.e. from the publisher's net sales after deducting the trader's margin (net receipts)." However, the contract stipulates that the basis for the calculation of the author's remuneration is the income obtained from the sale of reproductions of the work without VAT. I.e. not net sales but gross income.
On behalf of the client, I am requesting the submission of accounting documents/invoices on the sale of reproductions of my client's work for the period from 1/1/2017 to 12/31/2021 for the purpose of checking the calculation of my client's royalties.
The book is also completely wrongly classified in libraries and book catalogs in the adult section, most likely because you added the word "lover" to the back of the book when editing the book. This, of course, significantly reduced the number of potential readers of the book. In addition to children, even those who intend to buy the book as a gift, etc.
15.09 | 11:54
I have read your books and I want to express my admiration for what you have done after the publisher literally ruined your life by not fixing the mistakes. I love your books, so don’t give up!
19.04 | 16:57
Good Day Erika P. Hamlet, I would Like To Receive An Autographed CopOf Your First Book Translated To English Darling. I will pay You For It. Thank You Ronnie Schance From Facebook (your friend). Thank
15.04 | 20:18
I am so excited about these books being published in English. The storyline is fascinating. I feel as if I am in the vicinity of each character, watching and listening...
16.12 | 20:09
Can not wait for the English translation to print. Will have your entire collection for pure enjoyment. In the meantime; I'm collecting the orginal books.