I hope this is the right place to post my question, apologies in advance if I've made a blunder. I was hoping that someone here might be able to offer some advice.
Here's the situation. In 1995 I painted a portrait of an author in the setting of one of his books for a magazine cover. I've just discovered that Heyne Verlag used it as the cover for an omnibus edition of his books in 1996 without my permission or any payment, but the company was bought by two others since, most recently Random House.
Is there anything I can do? I've spent much of the last five years homeless and have no resources, financial or otherwise, so expensive legal advice is out of the question.
Trouble with the Society of Authors - as far as I can tell from my limited experience - is that for them to offer advice, you need to be a member... and you can't become a member unless you are a PUBLISHED writer.
Jay: in case you're still checking on answers to this. One of the Q&As that have appeared since this one was from an author interested in finding an illustrator. Are you interested? If so, La Gr@not@ might be interested in BOTH of you. http://la-granota.com/crazy.htm
I'll send a connection request to each of you so we can take this further. (p.s. With La Gr@not@, you maintain total control of copyright.)
It all depends on your contract at the time and what rights it conferred, Jay. If it was single use only, then you have a claim against them. It also depends whether they then sold the cover to HV to use, or gave permission. Even if they are now part of the same stable, I'm not sure that contracts signed with one company can be transferred without permission. You really do need legal advice on that - sorry. However, check that contract. If in doubt, write to HV and ask. There may also be a body like the Society of Authors but for artists who would be able to give you better advice.
Lorraine