The New Never-Ending PublishAmerica Thread (NEPAT)

I never said it was impossible, just that it is very difficult. There most certainly is life after PA.

M.R.J. Le Blanc said:

-PA makes it extremely difficult to get out of contract. . . .

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It's easy if the author pays -- the going rate seems now to be $300. That makes folks here crazy, but it is an option.

Anyway, you miss 100% of the shots you don't take.

--Ken

I would pay the $300 to get the rights to my book back, but PA has been ignoring my e-mails requesting my rights back and the ones requesting my digital rights back. But, I did receive this e-mail today:

Dear Author,

Here's a one-week-only very special authors-only offer: 60 pct discount on all books!

Word of caution: never buy any books that you don't think you need. Remember that you are under no obligation, at any time, to purchase your own book.

However, in the past twelve months ten thousand PublishAmerica authors have opted to make use of our special offers. They love the opportunity to have copies of their own book on hand, and they love obtaining them at our deep discounts! If you're like them, this offer is for you!

Phone orders only, at 301 695 1707, between 9am - 5pm EST. Offer applies to orders of 19 or more copies. Hardcovers are excluded, but full-color books are included! Books are non-returnable. Special sales code: Ohio. Offer expires this Friday, January 30.

Thank you,

PublishAmerica Author Support Team

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No returns and authors will need to pay shipping/handling.

I don't believe 10,000 authors "love" buying their own books. PA gives them no other option.

Now they say you're under no obligation to buy your own book? They used to say the author was supposed to buy 50 or 100 copies, and you were breaching contract if you didn't.

Your not obligated to buy your own books, that's just the only way you're going to sell any of them.

Ugh. I think I'm going to be ill.

von Hipper said:

$150,000? That's enough to buy-a small warship.

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Not quite a warship, but you could almost buy a 105mm howitzer (light artillery). Course, that's brand new. I'm sure they drop $46k (brand new @ 196k) the moment you drive them off the lot

smsarber said:

Now they say you're under no obligation to buy your own book? They used to say the author was supposed to buy 50 or 100 copies, and you were breaching contract if you didn't.

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In years of reading these PA-related threads, I have never heard that alleged, nor have I seen any such provision in the contracts that are occasionally posted. What is your source?

It has long been believed that a PA author who did not buy at least 75 copies of his/her book would not be offered a second contract.

--Ken

A new low?

Okay, so back in September I posted about a friend's mom, who had books published with PA and, according to my friend, had been told she would have to pay an exorbitant amount to get out of her contract by the lovely folks at her lovely publisher.

Well, they contacted her again, via letter, stating that her sales--or lack thereof--were unprofitable and she had two options: she could "let her books lie comatose" (this is what my friend said, not sure if she's quoting directly from the letter or not); OR she could...wait for it...

Purchase 50 of her books at 60% off, and be released from her contract.

Obviously, she's not going to pursue option B. She really just wants her books back. I have yet to see the contract or these letters, but my friend says the contract (which is years old) states that she'll be released if her books don't sell. Nothing in there, though, about having to buy her books to reach that hallowed state.

IF this is the case (and I know nothing until I see things with my own eyes), does she have any recourse? Anyone ever hear of similar demands?

Well if nothing in her contract states that she MUST buy books in order to be released, PA can't enforce it. End of story.

kbax said:

Well, they contacted her again, via letter, stating that her sales--or lack thereof--were unprofitable and she had two options: she could "let her books lie comatose" (this is what my friend said, not sure if she's quoting directly from the letter or not);

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I snipped quite a bit, but I see something here I want to address. "Let her books lie" seems to imply that there are physical books. PA is using POD. The books are not technically anywhere, if someone hasn't ordered them yet.

ResearchGuy said:

In years of reading these PA-related threads, I have never heard that alleged, nor have I seen any such provision in the contracts that are occasionally posted. What is your source?

It has long been believed that a PA author who did not buy at least 75 copies of his/her book would not be offered a second contract.

--Ken

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Somebody said it not long after I had first come to these boards. Of course, I could have remembered it wrong. If I had time I'd search the archives here to find the post. Sorry for the confusion.

darkprincealain said:

PA is using POD. The books are not technically anywhere, if someone hasn't ordered them yet.

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Yeah, I addressed that with my friend. If her description of the letter mirrored the actual letter, I think they're setting up a false assumption there. Just a little something to guilt you into taking option B.

Speaking of getting out of PA contracts, my contract (¶ 1) says it automatically renews for an additional 7 years unless either party opts out, in writing, at least 3 months before it expires. (I sent my "opt out" to PA months ago, just to be safe.) Is that language in the older PA contracts? It seems designed to trap unwary PA authors into becoming hostage to PA for 14 years instead of merely 7. And 7 is bad enough.

Don Davidson said:

Speaking of getting out of PA contracts, my contract (¶ 1) says it automatically renews for an additional 7 years unless either party opts out, in writing, at least 3 months before it expires. (I sent my "opt out" to PA months ago, just to be safe.) Is that language in the older PA contracts? It seems designed to trap unwary PA authors into becoming hostage to PA for 14 years instead of merely 7. And 7 is bad enough.

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Mine is probably the original PA contract and it doesn't have that stipulation. What mine asked for was first rights to accept or refuse my next work. PA has changed their contract several times since they have been in business, and always to their advantage.

ETA: My contract was signed in 2001. The only time frame was that it was good for the lifetime of the copyright, which I believe is 75 years?

Don,

I signed my first contract with PA in 2003 (second in 2004) and they included the clause you are referring to.

Teresa

My contracts did NOT have a clause about first rights of refusal.

Marie, quick, post again; your post number is three sixes! Ohhh dear,...

ROFL

That's okay. I'm not superstitious.

I sent a request to author "support" to get the digital rights to my book back. Here's the response I received:

Thank you for your interest in an electronic version of your book. We
currently hold the electronic rights to your book. In order for us to
make an electronic version of your book available, we will need to
have a firm 50 book order in hand. Once we have such an order, we
will be happy to make an e-book of your book available.

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Unbelievable!!! A pdf version of my book ALREADY EXISTS!!! And, why in the world would I need to buy 50 copies of an e-book? Or, are they saying that I need to buy 50 copies of my paperback book? Either way, it's ridiculous.

I didn't ask PA to make an e-book for me, I asked for the digital rights to my book back.

merrihiatt, Tell them no, you won't do that.

"I will not buy copies or promote my book in any form. I want to be released from my contract."

Don't give reasons, keep it simple.

Rinse, repeat until they board the clue train that they won't make any money off you.

State loud and long: "You won't make any money off me."

Whatever their reply--and they have dozens of stock answers to ply you with a guilt trip (we shouldered all the costs, you ungrateful wretch!) plus the intimidating tone letters from Miranda (apologize immediately!)--you just keep repeating that without reacting to their crap.

Sooner or later they'll get tired of playing with you, figure out you won't be guilted, intimidated, or profitable. Make sure you have it in writing, and keep checking the website in case they continue to sell copies.

Those won't be copies they had left over, they will be newly printed on the POD machine.

That's how I read it: they think she wants to buy an e-book.

But still. Jeez.

That response calls for a big DUH.

DUH

I sent a note back to author support stating I didn't want PA to publish an e-book for me, I wanted the digital rights to my book back. Threw in a thank you for your assistance and what steps need to happen now for my rights to be returned to me?

I doubt it will get me very far, but I'm being a squeaky wheel. I've sent in my sixth request to cancel my contract and get the publishing rights to my book returned. No answer on that one, or the fifth request.

Hey, I just learned about reputation points and realized folks have been leaving me messages, but I don't know who left which messages!! I need to find out how to do that for other people. I will do a search in a minute.

In the meantime, to the person who left me a note asking if I was sure PA held the digital rights to my book, the answer is yes. It is stated clearly in my contract. Drat! I'm not even allowed to post excerpts or chapters without PA's permission.

Now... to find out more about these reputation points and how to leave people messages... fun!