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What are a writer's legal rights if a product they wrote for a book doesn't get used, but the writer was paid?

OK, I contributed 100+ page chapter to a nonfiction wellness reference book commissioned by a professional association. I was paid a (very) basic commission, but there was also the understanding of a share of royalties once the book was on the market. Now over 3 years later, they have yet to publish the book. My contract says I cannot use anything out of that work... which I put a LOT of time and effort into... that it is the association's property. If they never publish the book (or continue to delay it for the foreseeable future), do I have any legal recourse in using that material since I'm not getting complete reimbursement for my work? Thanks for your thoughts.

Public Comments

1. You signed away your rights and were paid so that is pretty much the end of the story. It is the way copyright law works. There is always a chance that at some later date you will receive royalties checks so don't give up hope yet.
2. That's something you'll have to discuss with that client, and maybe an attorney if it has to go that far. From what you've stated, they don't owe you anything since they have ownership of the material, published or not. Unless the terms clearly state that you claim initial ownership of the material in it's unpublished state, you have no right to "reclaim" it. They may be willing to return those rights,however, if you paid back their commission money.
3. As The Z said, you sold them the copyright. You no longer have any control over how that work is used, except as is set out in your contract with them. Unless the contract says they'll publish the book by a certain date, and says what happens if they don't, you're out of luck. You *might* have a case that they've failed to hold up their end of the bargain, and they should pay you some form of compensation for the royalties you didn't get, or assign the copyright back to you. There may be a trade union or professional association where you live that represents writers. It might be worth talking to them, or failing that, a lawyer, to see what your options are.