The Old Neverending PublishAmerica Thread (Publish America)

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DeePower

We have a great attorney!

But not all attorneys handle class action suits. I am asking on behalf of all the PA authors who don't have the resources to pay a retainer. I will pay, or I should say we, Brian Hill, my co-author is in this as much as I am, I'm just more vocal, an hourly fee for two to three hours of advice from an expert on class action suits.

Thank you Jim for your referral.

I also joined the Author's Guild. The PA book does NOT qualify me for membership, but our previous two books absolutely qualify us. Perhaps The Author's Guild can help. It ws only $90 and I get health insurance (small joke there).

I am contacting a firm who specializes in royalty audits. My royalties have not been paid by PA for this last period.

Any and all suggestions are welcome. I am not an authors' advocate. I'm not an expert in this area. But I'm thinking all we need is one small break.

And now back to writing. Or actually just gazing at the galleys that came in for our new book. Galleys, you know, like big time authors. "The Making of a Bestseller" has a pub date of March and I have galleys. That is so cool.

Dee
www.BrianHillAndDeePower.com
 

DaveKuzminski

Re: Dee - Class Action Lawsuit

Tim, if a publisher reverts the rights they had for publishing back to the author and then publishes more copies and sells those copies, then you better believe they're in violation of copyright law. That is precisely one of the matters that the law was enacted to prevent.

What's really ironic is that PA used to require its authors to register their copyrights which means that any authors of theirs that they ripped off have full rights to sue under copyright law and can collect damages and punative awards. In other words, PA could find itself going bankrupt if one or more of its authors whom PA cheated takes them to court. I'm not certain if there's any jail time involved, but if there is, I think Willem and Larry will make good cell buddies. Of course, I can't help thinking about the refrain from once scene in Thunderdome. ;)
 

astonwest

Re: the problem

"...between statutory and punitive damages the judgment could run into the millions."

Correct me if I'm wrong, but I believe that class action lawsuits are capped at a certain amount (the number $500K sticks in my mind, but may be incorrect)...

Distributed among 12K "happy" authors, I think some folks would still get shafted on that deal (those who ended up shelling out moolah on books to sell)...

:hat
Big Daddy West
 

Timothy W Johnson

Re: the problem

Hi, Dee:

I’m still waiting to hear from C.E. Petit, but it’s a no show so far. I just want my book back, even if it means using Marvin Martian’s P-38 Space Modulator on PA to force them into submission.

Thanks Dave,

That’s interesting. I actually registered my book with the Library of Congress before signing with PA. If I could find out that they’ve sold copies without paying me, then maybe I could get my book back; and they could get a one-way trip to jail—do not pass go, do not collect $200.00.

Big Daddy West,

At this point I wish I were a practicing attorney. I’d consider taking PA to court the highlight of my career.
 

James D Macdonald

Re: Dee - Class Action Lawsuit


BTW, James, is what you’re saying really a possibility? Could PA be in copyright violation?


Yeah. I'm not a lawyer, mind you. But, the way I understand it, if you have work that's registered with the copyright office, and they print it after they've returned the rights to you, statutory and punitive damages click in.

If the work isn't registered, it's just actual damages. But registered ... you have 'em where you want 'em.

All you need is proof that they printed a copy after the date. Lightning Source would know, and a subpoena would make them tell.
 

Timothy W Johnson

Re: Dee - Class Action Lawsuit

Thanks, James:

I wonder if PA could be charged of some kind of copyright violation if they sold books without paying me and the contract was still in place?

Come to think of it, if PA’s contract is sub-standard to begin with, does that make it illegitimate—can they legally hold me to it?

I know this is probably a ridiculous concept, but what if an attorney deemed that the contract between PA and myself was illegitimate, and then wrote a notarized-or-something letter-of-sorts that compared a real publishing contract to that of PA’s. Then I could make copies of all the documentation and start passing it around. Maybe I could send some copies to Lightening Source, Books In Print, etc., and get the whole lot of them to remove my book from their databases. Then I’d let them fight it out with PA. Okay, I never said that I wasn’t a dreamer. Dream on, Tim. Dream on.

That’s probably the hard way anyhow.
 

absolutewrite

Re: PA in the Media

My sister's in law school. Guys, just wait three more years, and I'll force her to take up the PA case! :p

How do you look in yellow spandex?

SASSY! You have no idea how long it's been sitting in my closet, emblazoned with "M2" (Mystery Two), just waiting for an opportunity to be worn.

ProandCon: I'm going to hope that your reading comprehension is better than mine, and that I *am* in the Big 8 after all. And smooches for the compliment!

Mark my words... things are about to explode in PA-land. Popcorn, anyone?
 

Diana Hignutt

NY Area ex-PA Author here!

Jenna,

I live in NJ, not too far from NYC (an hour or so by train). I have to talk to my attorney first...but if you still need someone...I could probably do it. Email me at:

[email protected]

I may not be one of the big eight...but I know they hate my guts over in PA-land...and the feeling is mutual.

I may not respond immediately...I have the flu and I'm only sporatically checking emails...hopefully I'll feel better in a day or two.

Diana Hignutt
 

Kate St Amour

Re: We have a great attorney!

With all of the media attention we are attracting, perhaps one will contact us? Some lawyers just love a good fight.
 

Kate St Amour

Re: Dee - Class Action Lawsuit

I am entertaining visions of papers hitting shredders right about now.
 

DaveKuzminski

Re: Dee - Class Action Lawsuit

The last thing PA should even consider is shredding any documents or deleting emails. That would be considered destroying evidence and most judges do not look kindly upon that.

In fact, it's a quick way to guarantee that the judge finds for the plaintiff. Also, it eliminates any chance the defense has for rebutting any statements made by others or proving that their documents are false. Bad move if PA does that. In fact, they better hope that all those message board posts they removed are still on file somewhere and not fully deleted since those can qualify as evidence, too. It was, after all, one of the methods of communicating with PA for their authors.
 

Kate St Amour

Re: Dee - Class Action Lawsuit

The last thing PA should even consider is shredding any documents or deleting emails. That would be considered destroying evidence and most judges do not look kindly upon that.

I live in the DC area, and am a little cynical. I hope you are right.

In fact, they better hope that all those message board posts they removed are still on file somewhere and not fully deleted since those can qualify as evidence, too. It was, after all, one of the methods of communicating with PA for their authors.

OOO. Excellent point. We all know that there are plenty of deleted posts that support a case against PA. Posts that include ludicrous Info Center statements.
 

ProandCon

We have a great attorney!

Ms. Power,

Maybe I wasn't clear enough. It wouldn't be the first time. Unless your lawyer received their license from a cereal box, I would think that your lawyer could recommend a class action lawsuit experienced attorney to you.


Jenna,
"And smooches for the compliment!"
That's my kind of Xmas card anytime!
 

ProandCon

NY Area ex-PA Author here! - Possible Conflict of Interest?

Quote:
"Jenna,

I live in NJ, not too far from NYC (an hour or so by train). I have to talk to my attorney first...but if you still need someone...I could probably do it. Email me at:"

[email protected]

I know Diane would have plenty to say about PA and then some. Unfortunately the knowledge of Diane working for Beuhler could possibly taint the interview due to the appearance of one publisher attempting to bash another publisher for personal gain in the business.

It would give PublishAmerica ammunition to discount the interview as an attack from competition.

P&C
 

DaveKuzminski

Re: NY Area ex-PA Author here! - Possible Conflict of Intere

PA has always claimed that their external critics have a conflict of interest and their internal critics are whiners. That effectively takes care of anyone associated with any other publisher as well as their own dissidents.

Now if PA was actually getting their books placed on bookstore shelves for their authors, there just might be something more than illusion there, but that's not the case. Also, Behler isn't interested in selling its books solely to its authors, so there's no conflict there, either.
 

Ed Williams 3

I totally agree....

...Behler is selling books to the book buying public, Publish America markets to its own authors.
 

James D Macdonald

Re: Possible Conflict of Interest

ProandCon has a real point there. It's not enough to avoid impropriety. You have to avoid the appearance of impropriety.

Surely someone among the 10,000 happy authors has to be a) less than happy, and b) live in the New York area.
 

publishorperish

Re: Gawd if you two hug I'm gonna puke

I'm in lawschool. I haven't taken an intellectual property course yet though, so I probably wouldn't be of too much help. As far as the contract goes, from what I hear on this board and others, the PA contract, while certainly not standard, isn't facially wrong or unfair. Since PA doesn't think their contract is substandard (obiviously), if your lawyer sent them a letter claiming that it is, you will most likely receive one of their specious, albeit infamous, answers. Barring ability to prove an outright breach, you have to prove in a court that it is some how unconsiousable(sp?) or fraudulent. Unconsciounability and fraud are softer claims that aren't as easily proven as breach. Courts don't like to remake contracts between parties.

**caveat: I'm just a law student, which means I probably know less than you. **
 

DaveKuzminski

Re: Possible Conflict of Interest

James, what I attempted to point out is that there's virtually no way of avoiding an appearance of impropriety. In order to do so, an author released by PA would have to put any hopes of being published on complete hold. In other words, PA is going to have a response regardless of circumstances. That's my opinion based upon years of monitoring their activities because of author complaints.

PA has always deflected criticism by stating that their critics had a conflict of interest, were whiners because they didn't become rich, or knew nothing about the publishing industry. For those few who were not competing publishers, were not their writers, and who knew something about the industry, PA resorted to character smear campaigns.

Based upon what I've seen, I recommend that interviews proceed with whomever is willing to step forward. Besides, the fact that a writer had to sign with a different publisher after leaving PA only strengthens the argument that PA was doing nothing for authors whose work was otherwise salable.
 

Kate St Amour

Re: We have a great attorney!

Unless your lawyer received their license from a cereal box, I would think that your lawyer could recommend a class action lawsuit experienced attorney to you.

Whether my gynecologist graduated from Yale or Brooklyn College doesn't have bearing on whether or not they can recommend a great orthopedic surgeon. Sure they can take a guess, or even mention a few friends, but ultimately, they would recomend that I ask around to be "sure."
 

James D Macdonald

Re: Possible Conflict of Interest

A writer selling a book to a different publisher is one thing. Being an employee of a different publisher is something quite different.
 

ProandCon

Re: Possible Conflict of Interest

There is a difference when the interviewer asks the pointed questions.

"Even though you were an author taken in by PublishAmerica whitewashing of facts, are you not now an employee of Buehler Publishers? Do you feel that there is a possible conflict of interest with us interviewing you today since you are employed by a publisher?"

And the sweat pops out on her forehead as she hesitates and the audience thinks "mmmmm maybe"

versus

"Are you one of the many struggling writers claiming to be taken in by PublishAmerica's whitewashing of the facts on their website. When did you find out that the possibility to get your books placed in a major bookstore is severely limited by PublishAmerica's untraditional no return policy?"

"Yes, I'm one of those authors. I found out about the ban on the placement of PA books in bookstores after I received my author copies and tried to get my book stocked at my local bookstore. PA forgot to tell me about that little book placement problem. There was nothing in the contract saying that PA books would not be given the chance to be stocked in major bookstores. There was nothing in the contract stating that PA books are non returnable to the publisher which is a death sentence in the publishing world. They whitewashed this death sentence of my book."

"What are you doing now?"

"I'm still a struggling writer hoping for a fair deal from a legitmate and traditional publisher!"

"Are you employed by a publisher?"

"No, just a struggling writer who was ripped off by PublishAmerica."

There is a difference of who would garner more symphathy from an audience.
 

James D Macdonald

Re: the problem

Dave, among the many PA authors who have sent complaints to you, are there any from the NY/NJ/CT area?

Have you considered contacting them privately to let them know about this opportunity?

Rebecca, Dee, same question.

<HR>

For that matter, why not go to the PA messageboard from a year or two ago, and find authors whose books came out then who also state they're from the tri-state region. By now they should have enough experience to know what the real story is.
 

DaveKuzminski

Re: the problem

James, I'm certain that there must be. However, email addresses usually don't include the state location. Consequently, I have no way of knowing who to contact. When I sent out requests for individuals to join in the petition, I did so by emailing each individually even though it took several hours because I felt that was the only truly safe way to preserve the confidentiality I promised each of them.

I know that some joined in the petition. In fact, I think only ten to twenty percent of those I contacted took part in the petition. I believe that many of the others are just trying to move on and forget what happened to them because they want nothing more to do with PA in any circumstances.

If I knew for certain who was in that area, I'd contact them. However, I don't think it would be fair to send out another mailing to everyone who contacted P&E about PA just to find one individual because I think those who are willing to be involved are already following events as those are posted.
 
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