The New Never-Ending PublishAmerica Thread (NEPAT)

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Cyia

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What new ploy will :e2stooges think of next?

Stay tuned...


From some of the things I've read, I'm surprised they haven't set up a cafe press page with "inspirational" bumperstickers and t-shirts for sale.

"Ignore the toady bugs"

"Better than the Bashers"

"Morale vampires suck"

"You're just jealous"

"I'm a Published Author!"

Or some variation of the "See no evil, Hear no evil, Speak no evil" monkeys portrayed as faithful PA authors on the message board.
 

M.R.J. Le Blanc

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I need some expertise here. PA's "Facts and Figures" page says: "Our contracts expire after seven years, unlike the life term that most other traditional publishers require." Do most legitimate publishers require a "life term" contract, or is this just more of PA's B.S.?

It might not be entirely B.S. I know there are some publishers who do ask for some kind of life term rights, but it is also coupled with a good revision clause. Victoria's mentioned it several times throughout the forums. So while this may not be entirely B.S., it's not entirely informative and accurate either. Just as damaging, IMO.
 

Gillhoughly

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I need some expertise here. PA's "Facts and Figures" page says: "Our contracts expire after seven years, unlike the life term that most other traditional publishers require." Do most legitimate publishers require a "life term" contract, or is this just more of PA's B.S.?

Absolutely not. As has been noted, that is bullsh*t. A big stinky pile of it.

Here is the "termination" clause from p. 9 of my most recent contract with a major publishing house:

19(a) If the Publisher determines, in its sole discretion, that the Work or any edition thereof has ceased to have a remunerative sale, (Gill--it ain't selling) the Publisher may discontinue publication. If, and any time after two years from its initial publication by the Publisher, the Work is "Unavailable for Sale", the Publisher will, within six months after the Publisher's receipt of a written request from the Author for reversion of rights in the Work, do one of the following to be selected by the Publisher in its sole discretion: (More stuff, but I don't want to be typing all day. Mostly it says the rights revert to the writer unless they decide to do a reprint, reissue or something else to make new sales.)

My agent bolded the two years--that's a negotiable period of time.

Dear PA Lurkers, Legit publishers get no profit hanging onto the rights forever of books that don't sell, so they don't.

Legit publishers do not buy your rights--it is essentially a leasing agreement between you and the publisher.


For as long as it is profitable to them to print and sell your book they will do so and you get royalties. When it stops selling, you get your rights back, no fuss, no 7-year wait, no automatic renewal if you don't give notice.

PA LIES about this often misunderstood business arrangement so they will, by contrast, look good to you.

You do not need to trust your book to a company that LIES.

If they are this ignorant of the basics of professional publishing, you absolutely don't need to trust your book to them!




 

James D. Macdonald

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I need some expertise here. PA's "Facts and Figures" page says: "Our contracts expire after seven years, unlike the life term that most other traditional publishers require." Do most legitimate publishers require a "life term" contract, or is this just more of PA's B.S.?


PA is deliberately misstating in-print and reversion clauses.

Normally a publisher can keep the right to sell your book as long as they keep it in print and keep selling it. But if for some reason they stop selling it, and the book goes out of print, you get the rights back. This is usually a heck of a lot less than seven years.

If the publisher wants to keep the rights they have to actively work to keep selling copies. The ball's in their court
Theoretically this can be for the life of the copyright... but they'll have earned it.
 

DaveKuzminski

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Another reason for reverting rights by publishers is so they can reduce the number of reports they have to make regularly. If a book isn't selling and isn't likely to sell then it makes sense to revert the rights so it no longer has to be reported and accounted for.

In fact, I'm amazed that PublishAmerica hasn't learned that lesson yet that they can reduce the amount of royalty reports they must produce by reverting rights sooner. Reducing those reports means there will be fewer mistakes made and requires fewer employees to get the reports out. But hey, that's their problem. I'm not bothered by the fact that they have royalty reports to make for their 35,000 authors.
 

merrihiatt

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I'm not bothered by the fact that they have royalty reports to make for their 35,000 authors.
35,000 (happy, dammit!) authors.

As far as PA arranging book signings, I was contacted by PA and asked to send names and contact information for bookstores in my area. I sent PA what they requested. I never heard a word back from PA. I contacted "author support" and asked how things were going insofar as getting a book signing. I received no response. So much for PA's "help" with book signings. It was never mentioned that books would be placed on bookstores shelves for any period of time. I'm not sure where that idea came from. Wishful thinking?
 

LexiCan

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It seems to me that the 35,000 happy (dammit) authors has been a number that has been used for some time. Given that they turn out an average of 100 books a week (5200 a year) wouldn't that number be much larger by now? Or perhaps you have to subtract the constant turning of happy to unhappy, making that number stay constant even as the PA beast continues to feed on the unaware. Just thinkin'
 

Dick Stodghill

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A friend of mine is an example of getting rights back. He had about 15 books published by St. Martins, but the firm no longer was interested in more of his work and returned the rights of all the books to him. Obviously no other major publisher would be interested in picking them up so to put them back on the market he went with a regional publisher. They are available again, but aside from local bookstores they can be purchased only online. Not long ago Lawrence Block bought the entire remainders of another writer and put the books up for sale himself, mainly on his website. He is a tremendous promoter, of course, and always keeps his eyes open for a way to juice up his income. Few have either his ambition or his knowledge of the marketplace, not to mention contacts.
 

circlexranch

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Interesting post Dick. I was flipping through the Amazon listings for their CreateSpace imprint and found that several mid-list writers were bringing their older works back to life via CreateSpace.

One urban thriller writer had climbed to 19000 on the Amazon listings with this latest 'edition' of her earlier works.

Oh yeah, the price for a 300+ page book self-pubbed by the writer was around $10.00.

Take note PA lurkers . . .
 

merrihiatt

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It seems to me that the 35,000 happy (dammit) authors has been a number that has been used for some time. Given that they turn out an average of 100 books a week (5200 a year) wouldn't that number be much larger by now? Or perhaps you have to subtract the constant turning of happy to unhappy, making that number stay constant even as the PA beast continues to feed on the unaware. Just thinkin'

I think as new writers are being signed other writers' seven-year-contracts are ending. PA has been in business since the late 90's. I don't know how many folks keep their books with PA after that seven-year mark. I certainly won't. I still hope to get my rights returned to me before that much time has passed. I'm an optimist!
 

Dick Stodghill

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It's always possible, Mel, but I get the feeling they're doing better than some others in the business because of a huge built-in customer base.
Somewhat ironically, I received three free author copies of an upcoming issue of Alfred Hitchcock's Mystery Magazine today and there was the slip offering me a bargain price if I order more copies. Because of PA I had to smile, but I know AHMM has been doing it at least as far back as 1979. With magazines it's a different story, of course.

I just noticed that under my name it says "Got the hang of it here." I didn't do it so I'm wondering what it means.
 
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Don Davidson

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I think as new writers are being signed other writers' seven-year-contracts are ending. PA has been in business since the late 90's. I don't know how many folks keep their books with PA after that seven-year mark. I certainly won't. I still hope to get my rights returned to me before that much time has passed. I'm an optimist!

If you haven't already done so, be sure to check your contract with PA. Mine has an automatic renewal provision--it automatically remains in effect for another 7 years unless either party objects in writing at least three months prior to expiration. So if you sit on your hands, you get stuck for 14 years instead of 7. I already gave them my notice that I will not renew--6 years in advance. Of course, now that my book is selling so well--two whole copies sold in only 15 months--I should probably reconsider. (*** tongue placed firmly in cheek, if you couldn't tell ***)
 

Don Davidson

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In what may be an exercise in futility, I have written a 7-page letter (not including enclosures) to the Maryland Attorney General's Office. But I had to try. There's a link to it on "The Truth About PublishAmerica" page of my web site.
 

jamiehall

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I'm hoping they go out of business first.

Unfortunately, if they do so it'll put many authors in a difficult situation. It's a bad thing for a publisher to go under while it holds the rights to your book. Authors might never get their rights back.
 

Don Davidson

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Unfortunately, if they do so it'll put many authors in a difficult situation. It's a bad thing for a publisher to go under while it holds the rights to your book. Authors might never get their rights back.

I, for one, would be willing to risk it. And I would celebrate into the night if PA went under. But I'm also not holding my breath.
 
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