Blogger signs deal, then self-pubs, keeps advance...?

We've discussed this here before, Captcha. I'm sure of it. I'll see if I can find a link to that original discussion.

When I saw that post yesterday I did a search for her here and didn't find anything.

That was... shocking. I can't believe that not only did she brag about keeping the advance, but people were cheering her. In what world is that okay?

She's trying to create notoriety.

If she'd been published by a major house 2 years ago, the book would still be under contract, and she'd been court for breach, most likely. (Putting out a 2nd edition while your publisher is still in charge of the 1st is a no-no.)

I read some of her article. All she's done is regurgitate numbers, figures, and rhetoric that's been disassembled in other areas of this site before.

Also, her title says she self-published, but then she goes onto say that she used an independent press. Not "indie published," as in self-published, an actual independent press with a publisher on the spine.

I think she's ... what's the word? ... fibbing.

A PM search turned up two deals, the most recent one--which I guessed was the one she's talking about (I was incorrect but it led me to the info below)--was to Crown in 2007.

So I Googled "Penelope Trunk Crown" and found this:

http://beatrice.com/wordpress/2012/07/16/the-story-behind-penelope-trunks-last-book-deal/

While I wouldn't call it a straight-up debunking, it certainly casts a VERY different light on the story.

Another one from Digital Book World, which sheds some light on what I found to be the most far-out aspect of the story: keeping the advance. DGW says this is possible, and I have no reason to believe they're wrong:

http://www.digitalbookworld.com/2012/i-dont-buy-penelope-trunks-story/

(There's a very interesting comment to that one claiming the book in question is very short. Perhaps we're seeing spin on a cancelled contract?)

I do know that publishers won't always go through the time and expense to reclaim an advance, but will just write it off. That was my original assumption on reading the article; that it wasn't a ha-ha-tricked-them but a we-don't-feel-like-going-after-her-so-whatever.

So, just more info.

So she is publicly claiming that Que's marketing department is incompetent .. and suggesting technologies two decades out of date?

When Que Publishing are in the business of publishing books about technology?

The timeline doesn't quite match up either. But why trust her to be honest with that one detail?

Mac

I've signed quite a few novel contracts, and all have conditions for keeping the advance, and the legal eagles the publishers keep in their desk drawers can and will come after you if you breach the contract.

No publisher I've dealt with would ever allow a writer to get away with this. Period.

Yep, cute little legal loopholes or not. Pearson is a huge company and they have very good lawyers. If this actually happened the way she says it did, she's in for some pain. If not (which I suspect is closer to the truth) then she's hyping a smaller incident for notoriety.

Let's face it - all anyone has to do online is rant against those big, mean, cheating 'traditional' publishers, and they'll get swamped with supporters.

Yeah, sounds like a little creative editing to make it sound better than it actually is.

OK, so she signed a contract, got all or part of her advance, but did not deliver said manuscript.

If this is true, then doesn't the contract spell out a time line in which she has to deliver the contract or return the advance? Doesn't the contract also give the publisher the rights of her book, thus preventing her from going to another publisher, who would be afraid of being sued by the first publisher?

I know there are generally time lines in contracts that both sides have to abide by, and if the publisher does not meet their time lines, then the author can keep the advance and asked to be released. But they still have to be released legally as I understand before they can sign with another publisher...

Personally, her story sounds a bit far fetched and those cheering her on are more than likely other self pubbed authors who feel she got the better of the big boys.

We'll see what happens in the future as I doubt she will get any more contracts from commercial publishers of any good standing...

Anyone find it funny that she mocks them for using PowerPoint slides during a marketing meeting for her book...and the company publishes PowerPoint books?

Hmmm. If I were here then I'm not sure I would be bragging about this just yet.

From my understanding,she's saying that she pulled a jacking on a publisher for their coins and serving them a serious HA!

This doesn't sound quite right. What publisher would allow a writer to not only take their money but waltz off without giving them the agreed upon product?

Following what Thothguard said,I understand better now. All this does is sully her reputation should she ever want to try the traditional pubs again.I don't think a publisher would take kindly to this sort of thing. We shall see how it plays out.

thothguard51 said:

OK, so she signed a contract, got all or part of her advance, but did not deliver said manuscript.

Click to expand...

I wonder if her contract was cancelled by the publisher: that would perhaps allow her to keep her advance and present the book elsewhere: but if she did place it elsewhere, she'd almost certainly have to then refund all or part of that advance.

End result being advances will become even SMALLER in the future for those of us with pure passion for the art (and real talent). Right? *String of expletives*

STOP F*ING USING THE PUBLISHING INDUSTRY AS A GET RICH QUICK SCHEME YOU SLIMY ASSHATS.

Sorry. I had to get that out of my system.

third person said:

End result being advances will become even SMALLER in the future for those of us with pure passion for the art (and real talent). Right? *String of expletives*

STOP F*ING USING THE PUBLISHING INDUSTRY AS A GET RICH QUICK SCHEME YOU SLIMY ASSHATS.

Sorry. I had to get that out of my system.

Click to expand...

I don't see how Trunk's actions might lead to smaller advances in the future; could you clarify?

Old Hack said:

I don't see how Trunk's actions might lead to smaller advances in the future; could you clarify?

Click to expand...

What I meant was if it turns out to have been a scheme to keep the advance I fear publishers would in turn fear a trend and begin to offer smaller advances.

They were already offering tiny advances, well before her stunt. I doubt she will have an industry-wide effect, other than to illustrate 'Don't be an asshat'.

Ah, I see now. Thank you for the clarification. But I have to disagree with you: she's neither powerful enough nor successful enough to effect the entire publishing business, nor is she unique in this case. Writers behave foolishly all the time, and publishing just continues without them.

ETA: also, I really don't think this was a "scheme to keep the advance": I suspect that the publishers decided to not go ahead with publication, perhaps because she was overly demanding or difficult to deal with, and that she's now trying to spin that into a different story. I might well be wrong, but that's the subtext I'm getting from this.

Old Hack said:

ETA: also, I really don't think this was a "scheme to keep the advance": I suspect that the publishers decided to not go ahead with publication, perhaps because she was overly demanding or difficult to deal with, and that she's now trying to spin that into a different story. I might well be wrong, but that's the subtext I'm getting from this.

Click to expand...

I was thinking the same thing.

Also, I found it amusing that she bashed print books and people who want to see their books in Barnes and Noble, saying it's just "vanity" and an "ego stroke."

Kind of like your whole post, Penelope?

Old Hack said:

I wonder if her contract was cancelled by the publisher: that would perhaps allow her to keep her advance and present the book elsewhere: but if she did place it elsewhere, she'd almost certainly have to then refund all or part of that advance.

Click to expand...

I suspect the publisher canceled the contract because she became impossible to work with.

Given that this is a 46-page book, I don't imagine a whole lot of money was involved.

Amazon doesn't sell 85% of books. Though I'd be willing to believe that they sell 85% of .mobi-formatted ebooks.

The book was contracted to be 300 pages long.