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The author of a book called "Creative Screwing" claims that her publisher not-so-creatively screwed her out of royalties.
Nannette Laree Hernandez of Berrien Springs, Michigan -- whose 1993 book "Creative Screwing: A Woman's Guide to Becoming an Erotic Enchantress of Superlustful Sex" was revised in 2011 -- claims that her contract with Spero Publishing includes 20 percent royalties on print copies of the book and 50 percent royalties on electronic copies, reports Courthouse News Service.
According to her lawsuit, however, despite reportedly selling 40,000 copies of the book on Amazon.com, Hernandez has only been paid $20.85 in royalties since distribution of the revised version of her book began in 2011.
Payments and Parole
Hernandez claims that Spero Publishing failed to provide the quarterly earnings reports required by the contract the parties had signed. Her lawsuit alleges that after sending her a check for $20.85 in 2012, Alan Leddon, the owner of Spero, stated that he would retain any further royalties under Hernandez was off parole.
Neither the lawsuit nor CNS' report mentions why Hernandez was on parole. (However, an Internet search finds that a woman by the same name was convicted in Berrien County in 2009 for selling a boat that she didn't actually own, reports the South Bend Tribune.) According to Hernandez's lawsuit, the defendant's failure to provide an accounting of royalties owed caused Hernandez's parole to be extended for an additional year.
Breach of Contract, Conversion Alleged
Among the causes of action claimed by Hernandez in her lawsuit are breach of contract and conversion. Breach of contract typically occurs when one person fails to live up to the terms of a valid agreement. This can result in money damages, or a court order for the other party to perform under the terms of the contract.
Conversion occurs when a person intentionally takes another person's property and makes it his own. In Hernandez's lawsuit, she claimed that Leddon "admitted to plaintiff in writing and to law enforcement of converting plaintiff's royalties for his own personal use."
It's not clear from reports if Leddon has been properly served with Hernandez's lawsuit. Once that happens, under Michigan's Rules of Civil Procedure, Leddon has 21 days to file an answer.
Editor's Note, October 9, 2014: This post has been updated to correctly describe Hernandez's 2009 conviction.
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