Reposting a thread I munged while tidying up. Don’t ask. Really.
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04-11-2012, 03:03 AM
Chris P
Likes metaphors mixed, not stirred
PA will let me go; but will give me one more chance to send them money
Early last week I sent a certified letter with return receipt to PublishAmerica informing them of both an address change and that I will not be renewing my contract in October 2014 when it expires.
Today, I got the email confirmation: my book "will go out of print on 10/24/2014."
The email continues:
What does that mean by the formatted text layout? They sent me a pdf of the page proofs when the book was first put together. I imagine they are preventing me from posting the page proofs on my website and selling the book directly? (I wouldn't do that anyway; I'd tweak the MS and go through Smashwords or Lulu).
I figured they owned the cover art (they sent a pdf of that too), so I wouldn't use it for Smashwords or Lulu, but I'm reasonably certain I can get a new cover made for substantially less than $500.
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04-11-2012, 03:20 AM
thothguard51
A Gentleman of a refined age...
PA's formatted text layout would more than likely not do you any good if you go elsewhere anyway.
I would also suggest that if you are going to tweek the novel and submit somewhere else, or self publish, rename it as well.
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04-11-2012, 03:35 AM
BenPanced
non-heteronormative asshat
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04-11-2012, 04:18 AM
DaveKuzminski
Preditors & Editors
I doubt that they own the format. For one thing, what do they describe the format to be? Block paragraphs? Nice try getting a court to enforce that. Indented paragraphs? Page numbers in the right upper corner? An edited version they might have a say about but the format? I think a judge would tell them to get real.
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04-11-2012, 04:31 AM
Christine N.
is not the avatar thief
I think what they actually mean is the final designed pages. I know PA only drops the text into a .pdf, but that may be what they call 'designing'. If they used fancy drop caps or little flourishes on the pages or as scene breaks, they would own that design.
All it means is that when the contract expires, you are then entitled to take the same .doc file you sent them when you submitted and do whatever you want with it. Any publisher you sent the new .ms to would want to do their own text design anyway, so it's pointless to pay them a dime for their lame excuse at formatting.
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04-11-2012, 04:40 AM
Fins Left
practical experience, FTW
Wouldn't he have the right to the edited version of the text? Not the formatted text, but any edited correction should be okay, shouldn't they?
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04-11-2012, 04:52 AM
James D. Macdonald
Your Genial Uncle
Absolute Sage
The edited text ... check your contract. There are some horrible abusive contracts out there (mostly with amateur publishers) that claim to own the edited version. Which is ridiculous, but if you signed the silly contract, what can you do?
As far as the PA book: When you're republishing it from your original text (after re-editing it yourself using what you've learned about writing in the past seven years), not only should you re-title it, and put new cover art on it (you can hardly help getting something better than theirs) but you might want to use a pseudonym, too, so no one will connect the new book to its history at PA.
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04-11-2012, 05:01 AM
Christine N.
is not the avatar thief
Yeah, sometimes that IS in a contract. Some think that since the publisher paid the editor for hours of work to make a finished product, they own the 'new' version.
But, since this specifies 'formatted layout', I'm going with that. I know people who do text designing and layouts. USUALLY it takes hours of work, even with a template that puts in the correct margins and gutters. It includes formatting page numbers and adding graphics to chapter opening pages and whatnot.
I can't imagine PA would spend that kind of time on anything, but there you are.
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04-11-2012, 07:11 AM
Chris P
Likes metaphors mixed, not stirred
RE: Edited text. Looking over my contract, Paragraphs 13 and 14 deal with editing and revisions. Paragraph 13 deals (to my reading) solely with revisions PA might want to make, such as for any material that violates copyright laws, incites prejudice, defames any group, etc. Paragraph 14 deals with changes PA wants the author to make, but contains the following language:
Paragraphs 15 and 16 deal with changes to the proofs and aren't quite what we're talking about here.
Uncle Jim, I've heard you say similar things before about changing titles and all. What about character names? I'd like to use the same character in my new and better book. It doesn't have to be him, but I'd like it to be. Do you suggest I make all these changes for legal reasons or more for image and having a clean slate?
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04-11-2012, 06:52 PM
James D. Macdonald
Your Genial Uncle
Absolute Sage
For image and a clean slate. Who wants to be tied to a proven loser?
Names ... are what the story makes them. No name is magic.
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04-11-2012, 09:40 PM
francisbruno
New Member; Teach Me About Thick Skin!
I would recommend looking around deviantart.com. There are plenty of artists who would make you a very nice cover for anywhere from $50 up. For $500, it would likely be spectacular.
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04-12-2012, 06:58 AM
zegota
Fantastic!
Wow, $250 for their inept text layout. What a deal!
:-/
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end
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04-11-2012, 03:03 AM
Chris P
Likes metaphors mixed, not stirred
PA will let me go; but will give me one more chance to send them money
Early last week I sent a certified letter with return receipt to PublishAmerica informing them of both an address change and that I will not be renewing my contract in October 2014 when it expires.
Today, I got the email confirmation: my book "will go out of print on 10/24/2014."
The email continues:
What does that mean by the formatted text layout? They sent me a pdf of the page proofs when the book was first put together. I imagine they are preventing me from posting the page proofs on my website and selling the book directly? (I wouldn't do that anyway; I'd tweak the MS and go through Smashwords or Lulu).
I figured they owned the cover art (they sent a pdf of that too), so I wouldn't use it for Smashwords or Lulu, but I'm reasonably certain I can get a new cover made for substantially less than $500.
-----
04-11-2012, 03:20 AM
thothguard51
A Gentleman of a refined age...
PA's formatted text layout would more than likely not do you any good if you go elsewhere anyway.
I would also suggest that if you are going to tweek the novel and submit somewhere else, or self publish, rename it as well.
-----
04-11-2012, 03:35 AM
BenPanced
non-heteronormative asshat
That's exactly it. They'd just be sending you another copy of the pdf file. Spend the money elsewhere and you'll get a better bargain.
Easily. You can find plenty of sources here on AW that'd be happy to do it for the cost of a six-pack and a lawnmower engine, and you'd get much better results.
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04-11-2012, 04:18 AM
DaveKuzminski
Preditors & Editors
I doubt that they own the format. For one thing, what do they describe the format to be? Block paragraphs? Nice try getting a court to enforce that. Indented paragraphs? Page numbers in the right upper corner? An edited version they might have a say about but the format? I think a judge would tell them to get real.
-----
04-11-2012, 04:31 AM
Christine N.
is not the avatar thief
I think what they actually mean is the final designed pages. I know PA only drops the text into a .pdf, but that may be what they call 'designing'. If they used fancy drop caps or little flourishes on the pages or as scene breaks, they would own that design.
All it means is that when the contract expires, you are then entitled to take the same .doc file you sent them when you submitted and do whatever you want with it. Any publisher you sent the new .ms to would want to do their own text design anyway, so it's pointless to pay them a dime for their lame excuse at formatting.
-----
04-11-2012, 04:40 AM
Fins Left
practical experience, FTW
Wouldn't he have the right to the edited version of the text? Not the formatted text, but any edited correction should be okay, shouldn't they?
-----
04-11-2012, 04:52 AM
James D. Macdonald
Your Genial Uncle
Absolute Sage
The edited text ... check your contract. There are some horrible abusive contracts out there (mostly with amateur publishers) that claim to own the edited version. Which is ridiculous, but if you signed the silly contract, what can you do?
As far as the PA book: When you're republishing it from your original text (after re-editing it yourself using what you've learned about writing in the past seven years), not only should you re-title it, and put new cover art on it (you can hardly help getting something better than theirs) but you might want to use a pseudonym, too, so no one will connect the new book to its history at PA.
-----
04-11-2012, 05:01 AM
Christine N.
is not the avatar thief
Yeah, sometimes that IS in a contract. Some think that since the publisher paid the editor for hours of work to make a finished product, they own the 'new' version.
But, since this specifies 'formatted layout', I'm going with that. I know people who do text designing and layouts. USUALLY it takes hours of work, even with a template that puts in the correct margins and gutters. It includes formatting page numbers and adding graphics to chapter opening pages and whatnot.
I can't imagine PA would spend that kind of time on anything, but there you are.
-----
04-11-2012, 07:11 AM
Chris P
Likes metaphors mixed, not stirred
RE: Edited text. Looking over my contract, Paragraphs 13 and 14 deal with editing and revisions. Paragraph 13 deals (to my reading) solely with revisions PA might want to make, such as for any material that violates copyright laws, incites prejudice, defames any group, etc. Paragraph 14 deals with changes PA wants the author to make, but contains the following language:
What does that sound like to you all?
Paragraphs 15 and 16 deal with changes to the proofs and aren't quite what we're talking about here.
Uncle Jim, I've heard you say similar things before about changing titles and all. What about character names? I'd like to use the same character in my new and better book. It doesn't have to be him, but I'd like it to be. Do you suggest I make all these changes for legal reasons or more for image and having a clean slate?
-----
04-11-2012, 06:52 PM
James D. Macdonald
Your Genial Uncle
Absolute Sage
For image and a clean slate. Who wants to be tied to a proven loser?
Names ... are what the story makes them. No name is magic.
-----
04-11-2012, 09:40 PM
francisbruno
New Member; Teach Me About Thick Skin!
I would recommend looking around deviantart.com. There are plenty of artists who would make you a very nice cover for anywhere from $50 up. For $500, it would likely be spectacular.
-----
04-12-2012, 06:58 AM
zegota
Fantastic!
Wow, $250 for their inept text layout. What a deal!
:-/
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end
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