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Old 03-02-2010, 06:03 PM   #1601
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Quote:
Originally Posted by kullervo View Post
Mass-market paperbacks are returned (or at least used to be) with the cover ripped off, to ensure they are credited properly and not resold without royalties paid.
Actually, all that was returned was the cover, to prove that the copy had been destroyed. Why pay shipping for the entire book?

(This led to some humorous (much like being robbed by a guy in a clown suit) results like one side of an Ace Double having higher returns than the other side.)
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Old 03-02-2010, 06:49 PM   #1602
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Well, I get that LSI may have been brokering returns for books they didn't actually sell. That makes sense, because obviously bookstores aren't going to look at the info page, decide who printed what, and send them back accordingly. Bookstores probably just deal with Ingrams and Baker and Taylor.

I also get that PA asked LSI to actually send them the paper copies because they imagined that LSI was accepting returns on non-existent books. Of course, if this were true, then LSI would easily be able to print the books and return them anyhow, which was PA's next accusation.

What I'm less sure about was whether LSI is actually admitting to printing up extra books.

Quote:
Originally posted by
When PA started receiving copies of returned books, it noticed that the books did not look like returns at all. Returned books typically show some signs of wear and tear from handling by bookstores and customers. The books received by PA were in pristine condition like they had been newly printed. When PA questioned LSI about this, LSI admitted that the books shipped by it were not returns at all; instead LSI had been destroying the returns and then reprinting replacement copies.
Quote:
Originally Posted by LSI
In response to Paragraph 11 of the Complaint, LSI admits that it printed a
physical copy of each book upon the return of the title and shipped such copies to PA. LSI also
admits that the copies that it shipped to PA were in newly-printed condition. LSI otherwise
denies the allegations and characterizations contained in Paragraph 11 of the Complaint.
So is LSI denying that they printed after the return, or not? Was that part of the contract?
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Old 03-02-2010, 07:21 PM   #1603
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Originally Posted by BenPanced View Post
Looks like they're retaining an attorney in Nashville because Cretella's name and signature are nowhere to be found on PA's initial suit.
Yeah, that's why I was wondering. But a little bird has told me that Cretella is still repping PA in at least one other matter.

I was puzzled too about LSI printing up a new copy on return of a title, but we'd have to see the contract between LSI and PA to judge what the deal is on that. Maybe the contract doesn't oblige LSI to send the actual returned book--which would make a certain amount of sense, because why would a publisher want the returned book unless it meant to re-sell it? And if it meant to re-sell it, wouldn't it prefer a new copy? Just guessing here...

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Old 03-02-2010, 07:49 PM   #1604
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Quote:
Originally Posted by kullervo View Post
Mass-market paperbacks are returned (or at least used to be) with the cover ripped off, to ensure they are credited properly and not resold without royalties paid.
Other way around. Mass market book covers are returned. The books (sans cover) are supposed to be destroyed. That is why some mass market paperbacks have a line imploring the reader not to buy books without covers, as neither the author nor publisher has been paid for them.

Dunno what the practice is for trade paperbacks. I believe that hardbacks are returned intact.

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Old 03-02-2010, 08:12 PM   #1605
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Ah. I only ever saw the warning against buying paperbacks without the cover.
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Old 03-02-2010, 08:26 PM   #1606
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We're now dealing with the definitions for "trade" and "mass market". I.e., by definition, mass-market books are stripped when returned, while trade books are returned whole.

When you get books that are "trade size", but deemed mass market -- and vice versa -- we can only hope the handlers in the back room remember which is which.
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Old 03-02-2010, 08:29 PM   #1607
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Exhibit 1 to the complaint is a good document as well because it shows the fee schedule. I apologize for the quality, but PA can't scan any better than it can print, so the original is fairly poor.

Exhibit 1: PA - LSI Contract

The base fee on trade paperbacks is .90 per copy plus .013 per page or a 'low-page count' fixed price. So, those 80 page books PA so loves to 'publish' cost them $2.30, which they sell for $16.95 to $19.95. A behemoth of 600 pages base price is a hefty $8.70 which turns into a retail price of $44.95. So, the cost of the book is about 15 - 20% of retail. The author gets 8% (maybe) and PA gets about 75% (give or take).

I love the counterclaim. Basically, PA hasn't been paying its bills . . . I agree with Unka Jim that perhaps the new printer has put them on a cash only basis or is waiting for some sort of credit review.

As usual, leaving all the PA writers holding the proverbial bag . . .
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Old 03-02-2010, 08:50 PM   #1608
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They can't go on not paying their bills forever...
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Old 03-02-2010, 09:03 PM   #1609
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I have sent a letter to get from the grips of PA. I have finally calmed down, swallowed my pride, trying to think rationally, I even wrote some last night. Now, it is more important than ever to prove myself, and try to retrieve some diginity. I have a question if someone can answer, the book that is now dead in PA'S cemetary, had gotten an endorsement. Do I let this person know that I have asked for my contract to be released, or do I wait until I actually have a release?
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Old 03-02-2010, 09:37 PM   #1610
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Originally Posted by luv lit View Post
. . . Do I let this person know that I have asked for my contract to be released, or do I wait until I actually have a release?
IMHO, as a courtesy it would be nice to let that person know the status of the book. In either event it appears that you will not promote it, so for all practical purposes it is gone.

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Old 03-02-2010, 09:49 PM   #1611
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IMHO, as a courtesy it would be nice to let that person know the status of the book. In either event it appears that you will not promote it, so for all practical purposes it is gone.

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Agreed.
Congratulations for your achievement; PA can't take that away from you.
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Old 03-02-2010, 09:53 PM   #1612
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Quote:
Originally Posted by CaoPaux View Post
We're now dealing with the definitions for "trade" and "mass market". I.e., by definition, mass-market books are stripped when returned, while trade books are returned whole.

When you get books that are "trade size", but deemed mass market -- and vice versa -- we can only hope the handlers in the back room remember which is which.
Stupid question time: Being frugal (cheap), I buy many books from outlet-type stores.
Some of the books have a black mark on the edge of the pages and some have the edges of the pages trimmed or scored to render them uneven.

Could you explain what that means please?
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Old 03-02-2010, 09:55 PM   #1613
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Quote:
Originally Posted by CatSlave View Post
Stupid question time: Being frugal (cheap), I buy many books from outlet-type stores.
Some of the books have a black mark on the edge of the pages and some have the edges of the pages trimmed or scored to render them uneven.

Could you explain what that means please?
The black mark means they have been "remaindered." They are legitimate. The uneven page edges, as far as I know, simply reflect one way of making books. Some have ragged edges, most don't these days.

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Old 03-02-2010, 10:49 PM   #1614
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Quote:
Originally Posted by ResearchGuy View Post
Dunno what the practice is for trade paperbacks. I believe that hardbacks are returned intact.
Trade paperbacks are whole-copy returns, as are case-bound volumes.

Quote:
Originally Posted by TheTinCat View Post
Quote:
Since on or around October 27, 2009, PA has owed a net amount back to LSI after offsetting monies payable to PA under the Agreement against fees and expenses payable to LSI. LSI has sent monthly invoices and statements to PA demanding payment of the amount due and owing. .
I imagine PA's reply to LSI read something like this:

Your claim that we owe you money is nonsense and is easily refuted. Thousands of authors across the fruited plain agree that we don't owe you anything. We are tired of your attitude and expect your prompt apology.
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Old 03-02-2010, 10:54 PM   #1615
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LSI's reply would probably be "See you in court."
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Old 03-02-2010, 11:25 PM   #1616
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Hate to interrupt the lawsuit chatter but I got this from PA this morning. I find the reference to celebrity books particularly ridiculous. Geez!


Quote:
Dear Author:

PublishAmerica will submit your book to the New York Times Book Review!
Home of the famous NYT Bestsellers list? Yes. We're submitting your book to the nation's most notorious reviewers so they get a chance to read and recommend it.
Every author dreams about writing a bestseller. And, honestly, is your book really inferior to most celebrity books that make it to the NYT Bestsellers list? Many would say it's not. Let's present your book to the New York Times Book Review.
We will submit not one, but up to five copies of your book to the NYT reviewers, so that they can pass copies around if they want.
Here's how we do it:

If you want to have books on hand, order now, and receive a 50 pct discount!
We will ship your books to you, and we will donate an EXTRA up to five copies to the New York Times Book Review, at no cost to you or the New York Times.



Go to www.publishamerica.net, find your book, click on it, then add to cart, indicate quantity, and use this coupon: NYT50. Then click Recalculate and finish the transaction. Minimum volume is 12 copies.


By using the coupon you are authorizing us to donate up to five books to the
New York Times Book Review for their reviewers' consideration at their discretion,
at their 8th Ave office in New York, NY.
You may also request that we ship five FREE books to you instead.


Full-color and hardcovers excluded. Offer expires this weekend on Sunday night.


Thank you,
PublishAmerica Author Support Team
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Old 03-02-2010, 11:31 PM   #1617
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How does anyone still believe that these are anything other than form letters where they cut and paste new recipients?
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Old 03-02-2010, 11:33 PM   #1618
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We're submitting your book to the nation's most notorious reviewers so they get a chance to read and recommend it.
Notorious? How about noteworthy, qualified, respected, well-known, etc.?

Oh, bolding, underlining and red text color mine.
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Old 03-02-2010, 11:36 PM   #1619
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Can't wait to see how this one goes over....they must have a checklist or something.
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Old 03-02-2010, 11:36 PM   #1620
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How do I submit a book to be reviewed by The New York Times Book Review?

Quote:
Galleys of books for review consideration should be addressed to the "Editor of the Book Review" three to four months in advance of publication. If galleys are not available, finished books may be sent.

All publishers are welcome to send material for review consideration, but please be aware that we review only a very small percentage of the books we receive and the odds against a given book receiving a review are long indeed. So before you send galleys or books you should familiarize yourself with the kinds of books we do and do not review.

For example, we only review books published in the United States and available through general-interest bookstores.

We cannot return books or galleys, and we cannot respond to queries regarding the status of a galley or book sent for review consideration.

If you would like to have your book considered for review, please send it to:

Editor
The New York Times Book Review
620 Eighth Avenue, 5th Floor
New York, NY 10018

If you are sending a children's book, please send it to the attention of the Children's Book Editor.
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Old 03-02-2010, 11:40 PM   #1621
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Okay, WTF! I know that we captured the quotes from the PAMB that are being used in this sales pitch. Wonder if the authors do.

Quote:
Dear Author:

Listen to this, from just last week:

"Hello my fellow PublishAmerica authors, I have to tell you I am starting a college tour
next month. I have no idea how this came about or what made people interested in
hearing what I have to say, but you can't kick a gift-horse in the mouth. [...] My book is
under consideration for University required reading for Psych 101. I have spoken to quite
a few organizations and I am about to embark on real paying gigs. Who knew this was
the path I was supposed to take."

Congratulations, author Shawn Hunley!

And how about this:

"I just wanted to say that over the past two weeks a lot has happened. My hometown
paper has written a brief article about my book. I received a phone call from the Board
of Education stating they loved the book and it has been approved to be placed in all
Elementary and Middle Schools in the area. An hour after I received that call I began
receiving more. I am scheduled to speak at different schools during 'Read Across America
Week'. [...] I am not trying to sound boastful; I am just surprised and excited how all this
has come to be."

Congratulations, author D. C. Woods!


PublishAmerica celebrates their success. Like you, they had their books published, and it is changing their lives.

Do you want us to contact schools and/or colleges for you?
You could start a similar lecture tour this month!

Here's how we do it, for those of you who want to have some books on hand:

Go to www.publishamerica.net, find your book, click on it, then add to cart, indicate quantity, and use this coupon: BookTour55. Then click Recalculate and finish the transaction. Minimum order volume is 12 copies. We'll send you the books and you'll receive a hefty 55 pct discount! Hardcovers are excluded but fullcolor books are included.

Under "Ordering Instructions", write down the schools/colleges in your area.
Just names and towns; we'll look up the contact information and get in touch
with them. We'll then work with you to schedule dates as they become available.
We will also inform your local media!

Offer expires Sunday night.

Thank you,
PublishAmerica Author Support Team

PS: Tomorrow is Read Across America Day!



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Old 03-02-2010, 11:41 PM   #1622
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I don't know whether I should laugh or cry...
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Old 03-02-2010, 11:42 PM   #1623
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James D. Macdonald is so great that we've run out of appropriate complimentsJames D. Macdonald is so great that we've run out of appropriate complimentsJames D. Macdonald is so great that we've run out of appropriate complimentsJames D. Macdonald is so great that we've run out of appropriate complimentsJames D. Macdonald is so great that we've run out of appropriate complimentsJames D. Macdonald is so great that we've run out of appropriate complimentsJames D. Macdonald is so great that we've run out of appropriate complimentsJames D. Macdonald is so great that we've run out of appropriate complimentsJames D. Macdonald is so great that we've run out of appropriate complimentsJames D. Macdonald is so great that we've run out of appropriate complimentsJames D. Macdonald is so great that we've run out of appropriate compliments
Quote:
Originally Posted by M.R.J. Le Blanc View Post
LSI's reply would probably be "See you in court."
To which PA would have replied, "Your response did not reach its intended recipient. Any future communications will be deleted unread."
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Old 03-03-2010, 12:37 AM   #1624
M.R.J. Le Blanc
aka Sadistic Mistress Mi-chan
 
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M.R.J. Le Blanc has a golden reputationM.R.J. Le Blanc has a golden reputationM.R.J. Le Blanc has a golden reputationM.R.J. Le Blanc has a golden reputationM.R.J. Le Blanc has a golden reputationM.R.J. Le Blanc has a golden reputation
Quote:
Originally Posted by BenPanced View Post
I don't know whether I should laugh or cry...
Or puke.
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Old 03-03-2010, 01:04 AM   #1625
TheTinCat
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Quote:
Originally Posted by James D. Macdonald View Post
To which PA would have replied, "Your response did not reach its intended recipient. Any future communications will be deleted unread."
Or: "LS threatened and attacked us because we're a homosexual company. They have also had plastic surgery to look like us, which is totally sick! We therefore ask that the court orders our teacher to pay attention to us and tell us we're pretty."


I love this:

Quote:
Every author dreams about writing a bestseller. And, honestly, is your book really inferior to most celebrity books that make it to the NYT Bestsellers list? Many would say it's not.
So ... Many people would say that about my specific book, or many authors would say that about their own book?
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