Steve:
First thing you need to do is to read carefully what the terms of your contract with them says about material breach of contract terms and notifications.
S.O.P. would usually be to send a certified (Notarized is best) letter demanding Respond or Quit. Basically you outline all of your previous attempts to contact them, other indicators that they are no longer (actively) doing business, and give them 30 days to reply, or you will consider the contract breached, and all terms and exclusivity agreements are now null and void, and all previously agreed rights and permissions are being withdrawn by and will revert back to you.
They may have folded. But there may also be other factors that you don't know about. The business may be in suspended animation, but the owner may plan to resume business again within the scope of your contract term, for which the exclusive rights that you granted them would still be valid. For example, the owner (if a sole owner-operater agency) could be incapacitated in a hospital, jailed, in rehab, confined in another institution, trekking across Antartica, or stuck on a remote Caribbean island with Ginger & Mary Ann.
Disclaimer: I'm not a Lawyer; I only play one in my own head. You're asking for legal advice. Typically the suggestion is that you consult a lawyer when dealing with legal issues, not photographers.
Cheers & Good Luck,
> --- In selling_stock_photography@yahoogroups.com, Steve kinosh <nikon4004@> wrote:
> >
> > Didn't give away any rights, but all images were listed with them as
> > exclusive......
>
>
> I'd suggest making a good faith attempt to contact them and clarify the situation and if you don't hear from them after a few months you can reasonably consider the contract null and void. But make sure you keep records of your attempts to contact them.
>
> Fred Voetsch
--
Gary Crabbe
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