The New Never-Ending PublishAmerica Thread (NEPAT)

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Shadowman

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I was just informed that a company called instabook is suing PA for patent infringment. They want all of PA's profits and a whole bunch more. Needless to say, if instabook wins, PA will be pennyless. Out of business.
 

ResearchGuy

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I was just informed that a company called instabook is suing PA for patent infringment. They want all of PA's profits and a whole bunch more. Needless to say, if instabook wins, PA will be pennyless. Out of business.
Hmmm . . . details here if you have a Pacer subscription.

--Ken

P.S. Anyone can sue anyone for anything. Does not mean they have a case.
 

James D. Macdonald

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On PA's front page:
Frank Zollo Productions has offered Victoria Winslow, author of Reality of You a movie deal. In addition to being credited as the film's screenwriter, Ms. Winslow will also work as one of the film's producers.

One of the producers? Doesn't that mean that she has to put up the money? Is this vanity film making (to go along with the vanity publishing)?

Other than this film deal with Victoria Winslow there is no mention of Frank Zollo Productions anywhere on the Google-indexed web.

This looks like yet another hollow victory for PA in their never-ending search for Hollywood respectability.
 

DaveKuzminski

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Even if a movie based on a PA book should ever be completed and reach the market, it won't help move the PA book in sales unless the author makes enough from the movie to self-purchase his books in the thousands.
 

Khazarkhum

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On PA's front page:


One of the producers? Doesn't that mean that she has to put up the money? Is this vanity film making (to go along with the vanity publishing)?

Other than this film deal with Victoria Winslow there is no mention of Frank Zollo Productions anywhere on the Google-indexed web.

This looks like yet another hollow victory for PA in their never-ending search for Hollywood respectability.

Producers usually participate "materially" in the creation of the film.

There's a B movie filmmaker who lives around the corner from me. His yard sales are always fun.
 

circlexranch

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The Instabook case seems a little weak. Basically, this guy is saying he invented POD technology all by himself and has launched several lawsuits to protect his 'patent.' PA is just one of the lucky victims in that case.

Not much has happened in that case, just service of summons and some pre-litigation matters.

Not sure about Mr. DeVore, that case is as easily accessible.
 

Christine N.

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I was once given a cease and desist letter by a man who claimed he held a patent on a particular method of making a craft that I was selling at the time. He said I had to buy a license from him in order to continue making and selling the craft.

I looked over his claim, and not only did I not use the same materials, I did not use the same process, even though we had a similar end product. So I was NOT infringing on his patent, and I pretty much ignored the letter. Many other crafters also got the same letter.

This isn't uncommon, and is pretty much a ploy to get money by licensing the use of their whatever. Most of the time it's bologna, and they hope people will pay without looking into it.
 

Bookgirl2021

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I posted a while back that this site and P&E saved me from PA. I'd like to mention something that I'd forgotten at the time.

Sometime, shortly after I'd finished my MS, I recieved a letter in the mail from PA. It said something along the lines of "You contacted us about your manuscript, but we never recieved it. Please submit it to us so it can get the chance it deserves." (Paraphrasing, of course. I threw the letter out after finding P&E.)

I'd completely forgotten that when I was in middle school I'd done a search for "book publishers" and pulled up PA's site. I sent in a breif description of the book I had been working on (which is now in my "never to be seen or spoken of" drawer). The letter is what got me into researching them again.

It took them over four years to send that letter. Hmm... Maybe they were beginning to run low on fresh meat. :D
 

BenPanced

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I posted a while back that this site and P&E saved me from PA. I'd like to mention something that I'd forgotten at the time.

Sometime, shortly after I'd finished my MS, I recieved a letter in the mail from PA. It said something along the lines of "You contacted us about your manuscript, but we never recieved it. Please submit it to us so it can get the chance it deserves." (Paraphrasing, of course. I threw the letter out after finding P&E.)

I'd completely forgotten that when I was in middle school I'd done a search for "book publishers" and pulled up PA's site. I sent in a breif description of the book I had been working on (which is now in my "never to be seen or spoken of" drawer). The letter is what got me into researching them again.

It took them over four years to send that letter. Hmm... Maybe they were beginning to run low on fresh meat. :D
I've seen some posts where people have gotten the same letter, but not four years after their submission!
 

CatSlave

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When the number of new submissions/signed contracts are down, PA routinely goes back over the 'Queries' files and sends letters to writers who have queried but not sent in submissions.
They also contact the writers whose work has been rejected, and invites them to submit again for reconsideration.

I think it's safe to assume the numbers have been heading downward lately, eh, Miranda?

And BTW, attacking the employees who prepare and sign contracts is a total waste of time.
They are authorized to do so per their employee contract.
 
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CatSlave

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...And BTW, attacking the employees who prepare and sign contracts is a total waste of time.
They are authorized to do so per their employee contract.

I would like to rephrase my previous comment.

When I said 'attacking employees' I meant that taking PA to court on the legality of employee signatures on contracts is a hopeless cause.
I did not presume that employees were being attacked personally, and I apologize if my meaning was unclear.
 

roncouch

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Interesting comments. PA must be the most condemned publisher in the world. I'm going to survive even though PA printed my first book. I swallowed the hype - hook, line and sinker. My inexperience, desire to have a book printed, and a pretty good marketing approach by PA, were some of the reasons. I even had a friend, who is an attorney, try to talk me out of signing PA's contract, but I was determined to go through with it. I've mentioned on other threads that my book seems to be selling well, thanks to family and many friends. The fact that I did a decent job writing and editing a story with an interesting plot probably saved my butt from total humiliation. Suffice to say I am awaiting word from a traditional publishing house on my second manuscript, and am making good progress on manuscript number three.
 

Bookgirl2021

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I went onto a writer's blog and look what was the first thing I saw:

Need a Book Publisher?
Avoid stigma of paying a publisher! We want your book, not your money.
www.publishamerica.com

That's a laugh. They want both your book (at least until they've sucked you dry) AND your money! Stupid scammers.
 

Othy

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I'm the idiot who signed his first contract with PA. Then, before that first book was even ready for sale, I was submitting the second. Yes, that's right, two contracts. As much as some of the things about PA tend to piss me off; I'm going to try to remain as neutral as possible in tihs post.

The contract IS very nonstandard and a fledgling author doesn't notice this until he or she realizes just how hard and costly it is to promote your own work. On my contract, I can climb to a massive 12% royalty; but, when the book actually sels, that may still only be just under a dollar. With that taken into consideration; it will cost me more to market and sell 1,000 copies of my book(s) than I would make off them unless I buy the books myself and sell them myself.

As I have a little bit of King Arthur buried deep within me; I'd like to think the guy over at PA started with honest intentions and that once they had 100 authors and POD press and realized they couldn't get their books into stores they started trying to save their company and began selling primarily to their own authors. As a PA author still, unfortunately, under contract, I get at least three emails a month talking about the discount PA will give me if I order my own books. With each email, the minimum order gets less and less (which leads me to believe PA authors are starting to get wise to the game and PA isn't making the money it used to make off these promotions).

I've read the contract again many times and highlighted the things that should have deterred me from the beginning so I'll know to look for similar items in contracts to come. I suggest all PA authors do the same and for the love of whatever deity you worship, don't sign TWO contracts!!

I do have to say a big thanks to PA though because without them I never would have done all of this research into the publishing world and would still be just as clueless as Day 1. With a few years to go on the contract, my main question has no longer become "How can I make these books sell?" but rather if I should even mention I have books with PA in print when querying an agent.

If anyone knows an escape clause so I can have my rights back, I'm all ears.
 

Marian Perera

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Hi Othy, and welcome to the board. Sorry to hear about the two contracts. If you don't mind my asking, what was it that first tipped you off to the fact that there was something fishy about PA?

With a few years to go on the contract, my main question has no longer become "How can I make these books sell?" but rather if I should even mention I have books with PA in print when querying an agent.

Not in a query. All this will tell an agent is that you are unaware of the difference between a vanity press and commercial publication. A book published by PA is not considered a publication credit by the industry, because agents all know that PA will accept anything (and has; check out Atlanta Nights). Don't even say, "I signed up with PA and am now regretting it"; the query letter isn't the best place for that.
 

allenparker

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If anyone knows an escape clause so I can have my rights back, I'm all ears.


There are ways. The best for your situation might be to write to PA and inform them you will not be promoting your book, you will inform all your people on the friends list not to buy the book, and you will not make any effort to help them sell the books.

Then ask for a release.

Each week, ask for a release until you get one.

hope it works...
 

CaoPaux

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As I have a little bit of King Arthur buried deep within me; I'd like to think the guy over at PA started with honest intentions and that once they had 100 authors and POD press and realized they couldn't get their books into stores they started trying to save their company and began selling primarily to their own authors.
Alas, PA began as flat-out vanity operation Erica House (named after the founder's wife). From there, it morphed into AmErica House, then PublishAmerica: each step further sugar-coating their business model under another layer of "we'll give you the chance you deserve!" hype.
 

ResearchGuy

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. . .I'd like to think the guy over at PA started with honest intentions and that once they had 100 authors and POD press and realized they couldn't get their books into stores they started trying to save their company and began selling primarily to their own authors. . . . .
It has been a vanity press right from the start, as near as I can tell. PA has developed some especially deceptive methods, but it is nonetheless just a vanity press. (Sometimes it gets its hands on good books despite that.) Vanity presses, like commercial weight-loss diet schemes and any other endeavor that appeals to gullibility, depend on deception.

--Ken
 

thecraftteens

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Then, before that first book was even ready for sale, I was submitting the second. Yes, that's right, two contracts.


Did they accept it? I know they have a rule about accepting manuscripts that says something along the lines of: "We will not accept a second manuscript until the first has been in publication for at least 6 to 9 months.

Or are they desperate for money and just threw this rule out of the window?


Lep.
 
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