The Newer Never-Ending PublishAmerica / America Star Books Thread

[ResearchGuy]

PA doesn't fit some of the older definitions of vanity, which were created in the days of offset printing. . . .

Here is my definition, FWIW:

Any publisher that aims its marketing and promotion to authors rather than to readers and that nonetheless implies in any way that it is a legitimate commercial publisher is a vanity press. Some are even more deceptive or exploitive than others, but all are vanity presses. An easy tip-off is any form of invitation to “become a published author.” That is a sure sign of a vanity press. It will publish pretty much anything submitted to it, for a fee or with equivalent practices and conditions, cannot gets its books into bookstores, and is held in disrepute by book reviewers, librarians, and industry professionals.

I differentiate between old and new style vanity presses. PA is the new style. (Although now it is becoming new-new with its collection of fees and metastacizing gimmicks.)

--Ken

 

[ResearchGuy]

. . . Tate and iUniverse...equally heinous printers fronting as "traditional publishers". . . .

Personally, I consider PA more odious (and it is becoming more so by the week).

--Ken

 

[James D. Macdonald]

At Helium: Is PublishAmerica A Legitimate Publisher?

 

[Don Davidson]

A public protest in January!!!

And now for something completely different -- an (ex)PA author calls for a rally against PA in front of the Frederick County Courthouse: http://leegoldberg.typepad.com/a_wr...0b#comment-6a00d8341c669c53ef0120a6f6fda6970b

Great idea, but a public protest in Maryland in January!!! Why not a warmer month?

And I too have voted (on Helium.com) that PublishAmerica is not a legitimate publisher. I also wrote an article explaining why.

 

[overfiend]

A new one that it certainly going to bring cash to PA.....
We will send 5 copies to God.you buy 5 and god gets the other 5.Heck, you do not have to even pay for s&h.He reaches out grabs it from PA HQ himself, where ever it may be.

 

[Steam]

Hey guys.

Definitely late to this thread, which is about as old as the internet, but thought I'd share my story with you guys.

I'm finishing up my degree right now in Visual Media Design (my part time job is a video editor at a small TV station). I'm a young guy and I've always had a passion for writing. In 2005, I wrote a pretty decent novel and searched around for publishers. I ended up, through a lack of foresight, at Publish America. What kills me is that the novel was actually accepted by a small, legit publisher but I messed up and went with PA instead.

Bad mistake. These people are the definition of uncool. They forgot about professionalism at the same time they forgot about honesty, website design, customer service, and the whole ethics thing.

What prompted me to join this board (and discussion) is the fact that I have been trying to email them for 2 weeks now, just asking for some information on my book. I've got all the standard complaints people have about PA, and now all I'm asking them for is the PDF proofs which they emailed me 4 years ago. They have yet to respond, even though I've tried 5 different emails. Lame sauce, buddies, lame sauce.

Thankfully it's only 3 more years before the contract is over. I'll rewrite my book and submit it to some real publishers.

Even Lulu.com would have been a better choice, seriously.

 

[ResearchGuy]

Hey guys.

Definitely late to this thread, which is about as old as the internet, but thought I'd share my story with you guys.. . . .

Welcome. One lives and learns. Happy to have you here sharing your insights and experiences.

--Ken

 

[DaveKuzminski]

Thankfully it's only 3 more years before the contract is over. I'll rewrite my book and submit it to some real publishers.

Even Lulu.com would have been a better choice, seriously.

Please remember to send them a notice of non-renewal according to your contract so they can't keep it for an additional seven years. Remember, like a broken mirror, PA is seven years of bad luck. Unlike mirrors, it can double if you don't send that non-renewal notice.

 

[overfiend]

Is the contract an autorenewal thing .i thought they would send you another one to sign when your 7 year jig is up.After all it says in the contract that it is valid for 7 years.Who in their right minds would want an auto renewal thing, except Pa of course and may those 36% of people at Helium Debate who think the world of PA

 

[Gillhoughly]

Welcome, Steam.

Take it for granted that your PDF proofs have either been tossed or the file is buried deep in a computer that was used by your now long-gone "editor." PA has a huge turnover in workers, usually just before it's time to hand out automatic raises.

Ex-employee #1 tells all.

Ex-employee #2, likewise.

The InfoMonster who censors and hands out abuse to writers daring to ask questions.

Just so you know what kind of people are there.

 

[Steam]

Haha, thanks guys.

Gillhoughly, hope you're not right about the PDFs being long gone. At this point I'm just trying to get a response about anything from them. Darcy, the only person who ever emailed me, is apparently long gone. Does anyone have an email that actually works for these people?

I'd really like to wash my hands of this PA mess. Is it really necessary to send a notice of non-renewal? I've never heard of that before.

 

[Gillhoughly]

Does anyone have an email that actually works for these people?

They have a 1-900 number. Authors with problems have to pay to discuss things. These people are total sleezes. At least with a 1-900 phone sex line a caller hangs up satisfied!

Keep trying their regular business number, but don't expect them to do anything. They got your book and any money you might have sent them. That's all that matters to them.

I'd really like to wash my hands of this PA mess. Is it really necessary to send a notice of non-renewal? I've never heard of that before.

Yes, you do. There's a clause in the contract, buried in the fine print. They will automatically renew unless you send in written notice. Make sure it's in a certified letter that someone has to sign for.

 

[Steam]

Wow, thanks. That's definitely something I'm going to do, then.

What do you guys suggest doing in order to get the word out about PA? A company doing this to poor amateur authors just looking for fun is pretty much reprehensible.

I'd like to fight back with the best of my resources. I'm assuming people have sued them before?

 

[Cyia]

Wow, thanks. That's definitely something I'm going to do, then.

What do you guys suggest doing in order to get the word out about PA? A company doing this to poor amateur authors just looking for fun is pretty much reprehensible.

I'd like to fight back with the best of my resources. I'm assuming people have sued them before?

INAL, but --

What would you base a suit on? They do exactly what they promise - which is to "publish" your book and make it available for purchase. The contracts are carefully worded so that there aren't actually any promises made beyond "at [their] discretion" which is an all purpose out. Besides, unless it's changed, the only legal avenue open used to arbitration.

 

[Don Davidson]

Contract renewal, lawsuits, and publicity about PA

Wow, thanks. That's definitely something I'm going to do, then.

What do you guys suggest doing in order to get the word out about PA? A company doing this to poor amateur authors just looking for fun is pretty much reprehensible.

I'd like to fight back with the best of my resources. I'm assuming people have sued them before?

Yes, you definitely need to send PA a notice saying you do not want to renew the contract. In my contract, it's in paragraph 1. The relevant language in my contract reads as follows: "The Author and the Publisher agree that this agreement is renewable upon the date of its expiration and will remain enforceable during an additional and successive period of seven years, on the same terms and conditions as specified hereinafter, unless either party to this agreement shall decline such renewal in writing at least three months prior to the date of expiration as hereabove set forth." (Emphasis added.) In other words, send them notice of cancellation or you're stuck for 7 more years. If you don't send the notice via certified mail--and maybe even if you do--get an acknowledgment of receipt from PA so they can't later claim they never got it. I sent them an email and got an email response acknowledging the notice. You can find my notice and PA's acknowledgment on my web site, on the "Truth About PublishAmerica" page.

Suing PA is very problematic, due to the arbitration clause and the cost. One PA author tried suing them in Florida, but his case was ultimately dismissed because the contract required him to take PA to arbitration rather than court. Here's a link to the relevant thread that details his struggles:

http://absolutewrite.com/forums/showthread.php?t=112618

Personally, I believe the contract is voidable by the author due to fraud in the inducement, since PA's web site makes many false and misleading statements about their business. But in my humble opinion it's not cost-effective to take such a case to arbitration, unless perhaps you live in the Frederick area. I'm not going to spend good money to travel to Maryland and fight an arbitration case in an effort to get back the rights to what may well be a worthless book.

Finally, many people are trying to get the word out about PA. Try Googling "PublishAmerica scam" and you will find many web pages (including mine) dedicated to telling people the truth about PublishAmerica. But some don't want to believe the truth, and many more (like me) are seduced by PA's web site and don't bother to investigate PA until it's too late. So PA always seems to find new victims to fleece. But we are trying, and we do manage to save some from PA's clutches.

 

[merrihiatt]

Welcome, Steam! Thank you for sharing your experience with PublishAmerica. An often heard comment on the PA message board is that all the complaints about PA are old. Every new voice that speaks out discounts that theory.

Check your PA contract for the automatic renewal wording. It's in mine, unfortunately.

 

[circlexranch]

At Helium: Is PublishAmerica A Legitimate Publisher?

The number one 'YES' article is scarcely a ringing endorsement. It is from someone who hasn't yet signed her contract, who just wanted a free book for her friend, and couldn't believe it that when she told PA she wouldn't buy any of her own books that they STILL WANTED HER!

Ergo, they must be legitimate . . .

 

[Steam]

I'm a thousand miles from Frederick, and I really wouldn't care enough at this point to do anything legal. But I'd still like to see these people go down...maybe the best I can do is to try to expose their scam in the most effective way possible.

Makes me want to submit another Atlanta Nights-esque book under a nom de plume just for kicks. I think I can work one up within an hour, haha.

 

[ResearchGuy]

I'm a thousand miles from Frederick, and I really wouldn't care enough at this point to do anything legal. But I'd still like to see these people go down...maybe the best I can do is to try to expose their scam in the most effective way possible.

Makes me want to submit another Atlanta Nights-esque book under a nom de plume just for kicks. I think I can work one up within an hour, haha.

It's not worth bothering with. Seriously. PA has been exposed relentlessly for years. Another hoax book would not be so much as a gnat's eyelash among the tens of thousands PA has "published," some of which are indistinguishable from hoaxes anyway.

Pursue your own best options and let other writers know the choices they have and how real commercial publishing works -- and how it doesn't. (Importantly, it never focuses its appeals to authors rather than to readers, and it never solicits writers to "become a published author.")

--Ken

 

[ChristineR]

The number one 'YES' article is scarcely a ringing endorsement. It is from someone who hasn't yet signed her contract, who just wanted a free book for her friend, and couldn't believe it that when she told PA she wouldn't buy any of her own books that they STILL WANTED HER!

Ergo, they must be legitimate . . .

That woman talks about her "author copies" which she is planning to distribute to the small number of people she wants to read the book. I think she's planning on buying four copies. I wonder if she knows that she'll have to pay for all her author copies, typically around fifteen bucks each plus the four dollars shipping and handling. So she's handing eighty bucks and first publication rights over to PA. She'd have been much better off with Createspace.

 

[Steam]

I just got an email reply from a Hannah at PA, stating that they cannot give me electronic copies of my book, since it's past the dates during which I can review the changes (duh, like 4 years past).

Can they say this? Is it not my intellectual property, to a degree?

 

[pink lily]

I just got an email reply from a Hannah at PA, stating that they cannot give me electronic copies of my book, since it's past the dates during which I can review the changes (duh, like 4 years past).

Can they say this? Is it not my intellectual property, to a degree?

You sold it to them when you signed the contract.

 

[Marie Pacha]

Does your contract state they are required to keep the PDF file? Mine did not.

The last time I read that someone had asked for their PDF file (I think it was on an AW thread)they had lost their copy in a house fire. I believe they were told they would have to pay for a copy.

It seems odd that PA wouldn't keep a copy in case their computers files were corrupted.

 

[Steam]

You sold it to them when you signed the contract.

Technically not, though. Section 4 of the contract indicates that I hold the copyright (and it's taken out in my name). More importantly, in the preamble it states that I am the proprietor of the work.

The only right that is given to PA, specifically stated in the contract, is surrounding publication rights. Nothing about transfer of ownership or property.

 

[Steam]

Does your contract state they are required to keep the PDF file? Mine did not.
...
It seems odd that PA wouldn't keep a copy in case their computers files were corrupted.

Since they're a digital printer, they have an InDesign or a Quark file, or whichever software they use for layout. They've got to have the files for every book or they wouldn't be able to print them on demand.

And no...it doesn't specifically state they have to keep it.