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Sweete Sinz Publishing (formerly Dark Storm, Phoenix Fire, Mystic Press, et al.)
- Thread starter Bicyclefish
- Start date
A huge concern for me is how Ms. Jones presents herself in the comments she makes defending Phoenix Fire/Mystic. The run-on sentences, lack of capitalization when appropriate, overall poor grammar, etc. are, in my opinion, the first clue that this is not a suitable "press" to which one should submit material. Just attempting to read any of the comments defending it makes my head hurt.
Why would I trust an "editor" who writes like that with my work in the first place?
If the site and/or demeanor of the current owner were remotely professional, the next thing I would look at are the financial questions. Why must authors pay for "services" in the first place? Why haven't royalties been paid? Where are the sales reports? Do they even inform authors of the number of books sold? And so on...
And then we haven't even covered the distribution question. All of these are just the tip of the iceberg, of course. I doubt they can answer the usual questions in a satisfactory manner.
I think if anyone is considering submitting their work to them, the answer is pretty clear.
Why would I trust an "editor" who writes like that with my work in the first place?
If the site and/or demeanor of the current owner were remotely professional, the next thing I would look at are the financial questions. Why must authors pay for "services" in the first place? Why haven't royalties been paid? Where are the sales reports? Do they even inform authors of the number of books sold? And so on...
And then we haven't even covered the distribution question. All of these are just the tip of the iceberg, of course. I doubt they can answer the usual questions in a satisfactory manner.
I think if anyone is considering submitting their work to them, the answer is pretty clear.
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I looked at their site and only saw their additional services, but no where for submissions? Is it possible it's a "fake" publisher for friends to self-pub their books together and they are attempting to make it look legit?
Nothing about that site made me think publisher. Like said above, if they can't pay for a website and domain, what will they do for me?
Nothing about that site made me think publisher. Like said above, if they can't pay for a website and domain, what will they do for me?
I read some of her comments. Who would have a publisher who can't spell or write a grammatical sentence? Plus she complains about some of her company's writers scamming her---how does that work, when all money comes first to the publisher?
Anyone can call himself a publisher or a literary agent. It's very much buyer beware. Luckily writers have this site and a number of others to vet these people. Unluckily, there'll always be some whose desire to be published trumps good sense.
A copy of their contract has been published on my blog in the comments. Tabetha charged her clients high prices for everything. The publisher paid for nothing.
If an author wanted their book back, they had to pay her $350 for the rights back.
If an author wanted their book back, they had to pay her $350 for the rights back.
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If I see one more publisher blame typing on their phone for major errors in a blog post, I am going to scream. If it's that difficult, then don't post messages using your phone. Certainly don't post long messages with replies to every other post. That doesn't look good anyway. I'm writing this on a tablet, and it's a pain because it makes me type more slowly, but it also forces me to keep pausing and checking for errors.
I know that's heresy these days ); but it might actually give you a chance to make your company look more professional if you wait before responding until you have access to a laptop or desktop. Of course, there are a lot of errors no one can blame on their phone or tablet. Such as not knowing the difference between slander and libel. Sheesh.
I know that's heresy these days ); but it might actually give you a chance to make your company look more professional if you wait before responding until you have access to a laptop or desktop. Of course, there are a lot of errors no one can blame on their phone or tablet. Such as not knowing the difference between slander and libel. Sheesh.
Is there a link? I'd be interested to see it.
This whole thing has been so interesting, and reading those blogs posts was quite...entertaining.
This one is actually Mystic, but it lists Tabetha as the owner and CEO. I'm told that the current one is identical.
For the record, Tabetha currently lives in either Elm Mott Tx or Waco proper, so from the start, she provides misinformation.
Here 'tis.
Tabetha Jones
1502 Missouri Ave.
Killeen Texas 76541
This contract is entered into on ___________, between Mystic Press
Publishing (hereinafter known as "Publisher") located at 1502 Missouri
Ave. Killeen Texas 76541 and __________________(hereinafter known
as "Author")concerning a work presently known as
_______________(hereinafter known as "Work").
The Contract is considered legal and binding in all countries. If there
should be any legal dispute, the laws of the state of Texas shall apply.
I. The Author hereby represents and warrants to the Publisher that:
A. The Work is free and clear of any counts of libel, plagiarism, breach
of privacy or misrepresentation of facts.
B. The Work does not infringe upon any copyright or proprietary right,
common law or statutory law, and does not contain any material of
libelous nature.
C. The Work is not in the public domain and the Author is the sole owner
and copyright holder of the work with full power to enter into this
contract.
D. If the Work has been previously published in whole or part, the Author
currently holds all copyrights to the Work and is legally permitted to
enter this agreement.
E. The Author releases Publisher from any responsibilities relating to
any legal actions incurred by the contents of the Work or the Author.
This representations contained herein are true on the date of the signing
of this contract.
F. The Publisher will obtain appropriate ISBNs for the Work under the
name of Mystic Press.
A. The Author, on behalf of himself/herself and his/her heirs, executors,
administrators, successors and assignees, agrees to grant the Publisher
exclusive rights to produce, publish and sell the work in electronic
format (including email, download, disk, CD, or any other digital format
known or to be invented) the work.
B. The author may request their book be put into POD (Print on Demand)
at the author’s expense. Author agrees to pay printing costs to the
publisher prior to the publisher submitting the work to print.
I. $87.50 (USD) for Lightning Source (per title)
II. $35.00 (USD) Createsapce + 1 proof copy (includes shipping) per title
III. $20.00 (USD) Cover Art per title (unless author has own)
C. If added to a returnable catalogue, the author accepts full
responsibility to "buy back" any books returned by stores and or
distributors hereby relieving the publisher of any financial
responsibility.(Amendment: If author is unable to “buy back” then
publisher agrees to help the author get the books back.)
D. The publisher will provide the author with professional, "Mystic Press
Approved" editors. Editing is included and will consent of three rounds,
unless publisher deems editing not necessary.
E. The author agrees to cooperate with the editor and design team, and
also agrees to meet deadlines set by the publisher. (Amendment: There
does not have to be no certain deadline set. That will be discussed
between the author and the publisher for release date.)
A. All rights will be exclusive for 2 years commencing on the date these
books are released. After such time, the contract can continue if both
parties agree.
Contract may be terminated after 1 year by either the author or the
publisher with a 90-day written, certified mail notice or other receipted
delivery service, and all rights granted the publisher will revert to
author.
Upon breach of contract, the Contract may be terminated by either party
with a 30-day written notice. Notification of breach and intention to
terminate the contract is to be delivered by certified mail, e-mail or
other receipted delivery service. If breaching party corrects breach
within 30 days, the contract shall continue to remain in place until its
natural expiration. Upon expiration of the contract term, all rights
granted the Publisher will revert back to author when the disclaimer is
signed and returned.
B. During the term of the contract, the Work will not be said to be out
of print.
C. Author may terminate the contract at any time, with 30 day notice. The
cost for early contract termination is $350.00 (USD) to be paid at the
time notice is given. This is for the publisher’s time and efforts, book
cover work, book trailer etc.
A. Author shall provide an acceptable, final revision of the manuscript
in either Microsoft Word or RTF within the time agreed upon or this
contract will be void. Publisher will not be held liable for lost
manuscripts. Author should always keep a backup copy.
A. Publisher and Author will mutually set the retail price of the Work
based on length and comparable works. A. Publisher and Author will
mutually set the retail price of the Work based on length and comparable
works. Publisher agrees to pay to the Author, a royalty of 50% of the
retail E Book price. If the Work is purchased in print, the royalty will
be 60%.
B. The Publisher has the right to contract with distributors, bookstores,
vendors, organizations and or outlets of printed and electronic books to
sell the Work in association with the Publisher's name. For all sales
through these outlets, the Author will be compensated 30% of the download
and/or sale price less any handling costs or discounts charged by the
outlet.
C. In order to stimulate sales, the Publisher reserves the right to lower
the price of the Work after a reasonable amount of time if the price
appears to be too high (no sooner than three months).
D. Royalties shall be calculated and paid no later than forty-five (45)
days following the end of each calendar quarter for sales during that
quarter. Royalties shall be paid by check, unless previous arrangements
are made with the author. Payment arrangements, mutually agreed upon by
the Publisher and the Author, shall be made for payment of royalties to
Author if he/she resides outside the USA. Royalties equaling less than
$20 will be held until such a time as they accrue to $20 or above. Any
withheld royalties shall be made immediately upon contract termination.
E. No royalty shall be paid on paper or digital copies distributed for
review, advertising, publicity, promotional purpose, samples, or other
similar purposes, or on copies sold below or at cost.
E. If Author has elected to grant Publisher the right to contract
with various distributors and outlets, royalties will be paid to
Author contingent on payment received from distributor. In most cases,
distributors pay Publishers every sixty to ninety days for sales through
their channels during those timeframes.
F. The Author is responsible for paying his/her own taxes on all royalty
payments received from Publisher and is advised to keep accurate
records for tax purposes. A 1099misc form will be sent to the author if
necessary.
A. The Author shall provide the Publisher with biographical information,
a photo, and a suggested blurb for use on Publisher's website. Author
agrees to give Publisher the right to use the Author's name, likeness,
title of work and biographical material for publishing, advertising and
promoting the Work. Publisher reserves the right to edit or rewrite the
blurb submitted by Author.
B. Cover art will be provided by Publisher. If the Author has his/her own
cover art, the Author must warrant that the provided art is either owned
by the Author or that it does not infringe on any copyright.
C. Publisher reserves final approval of art in consultation with Author.
D. Author agrees to self-promote the Work to the best of his/her
ability. If Author has his/her own website, the Work must be linked
to the Publisher's website. With any promotional material the Author
generates, the Author will consult with Publisher to insure proper use of
Publisher's name and/or other information.
E. Author may use the first 10 pages of the work to post on his/her
website blog or Facebook) or to give away as "teasers" to promote the
work provided it includes a link to Mystic Press Publishing.
F. Publisher will send out the work for review to no less than three
review sites. Author may request a review copy in e-book format. Author
is encouraged to solicit reviews along with the Publisher. For added
promotional purposes, Publisher and Author agree to notify each other as
to what review sites submissions have been made.
G. With enough advance notice, Publisher will provide Author any needed
book copies for Author appearances or signings. These copies would be in
the format of print and can be purchased by the author at a discount set
by the Publisher.
H. The publisher agrees to provide the author with marketing and public
relation work through Zaphyre Marketing and Public Relations to the best
of their abilities.
I. Author is required to maintain a website/blog at all times (Facebook
page for the author of book is acceptable).
A."Mystic Press" may at any time sell itself, or the majority of itself,
its holdings, or licenses. Current contracts would transfer to the new
owner.
B. Bankruptcy: If "Mystic Press" is legally judged bankrupt or liquidates
its business, this Contract shall be terminated effectively and all
rights granted to "Mystic Press" shall be terminated.
This Contract hereby constitutes the entire agreement between Author, Co-
Author, and Publisher and supersedes all previous agreements regarding
the Work, whether oral or in writing. Modification of this contract may
only occur in writing, signed by both parties.
Author's Real Name: _______________________________________
Pseudonym (if any): _____________________________________
Street Address: ________________________________________
City, State, Zip: ________________________________________
Phone Number: _______________________________________________
Email Address: ___________________________________________
Title of Work: _________________________________________
Social Security Number: _____________________________________
Author's Signature: _______________________________________
Date: _____________________________________________________
Tabetha Jones- Owner/Ceo __________________________________
For the record, Tabetha currently lives in either Elm Mott Tx or Waco proper, so from the start, she provides misinformation.
Here 'tis.
Tabetha Jones
1502 Missouri Ave.
Killeen Texas 76541
This contract is entered into on ___________, between Mystic Press
Publishing (hereinafter known as "Publisher") located at 1502 Missouri
Ave. Killeen Texas 76541 and __________________(hereinafter known
as "Author")concerning a work presently known as
_______________(hereinafter known as "Work").
The Contract is considered legal and binding in all countries. If there
should be any legal dispute, the laws of the state of Texas shall apply.
I. The Author hereby represents and warrants to the Publisher that:
A. The Work is free and clear of any counts of libel, plagiarism, breach
of privacy or misrepresentation of facts.
B. The Work does not infringe upon any copyright or proprietary right,
common law or statutory law, and does not contain any material of
libelous nature.
C. The Work is not in the public domain and the Author is the sole owner
and copyright holder of the work with full power to enter into this
contract.
D. If the Work has been previously published in whole or part, the Author
currently holds all copyrights to the Work and is legally permitted to
enter this agreement.
E. The Author releases Publisher from any responsibilities relating to
any legal actions incurred by the contents of the Work or the Author.
This representations contained herein are true on the date of the signing
of this contract.
F. The Publisher will obtain appropriate ISBNs for the Work under the
name of Mystic Press.
A. The Author, on behalf of himself/herself and his/her heirs, executors,
administrators, successors and assignees, agrees to grant the Publisher
exclusive rights to produce, publish and sell the work in electronic
format (including email, download, disk, CD, or any other digital format
known or to be invented) the work.
B. The author may request their book be put into POD (Print on Demand)
at the author’s expense. Author agrees to pay printing costs to the
publisher prior to the publisher submitting the work to print.
I. $87.50 (USD) for Lightning Source (per title)
II. $35.00 (USD) Createsapce + 1 proof copy (includes shipping) per title
III. $20.00 (USD) Cover Art per title (unless author has own)
C. If added to a returnable catalogue, the author accepts full
responsibility to "buy back" any books returned by stores and or
distributors hereby relieving the publisher of any financial
responsibility.(Amendment: If author is unable to “buy back” then
publisher agrees to help the author get the books back.)
D. The publisher will provide the author with professional, "Mystic Press
Approved" editors. Editing is included and will consent of three rounds,
unless publisher deems editing not necessary.
E. The author agrees to cooperate with the editor and design team, and
also agrees to meet deadlines set by the publisher. (Amendment: There
does not have to be no certain deadline set. That will be discussed
between the author and the publisher for release date.)
A. All rights will be exclusive for 2 years commencing on the date these
books are released. After such time, the contract can continue if both
parties agree.
Contract may be terminated after 1 year by either the author or the
publisher with a 90-day written, certified mail notice or other receipted
delivery service, and all rights granted the publisher will revert to
author.
Upon breach of contract, the Contract may be terminated by either party
with a 30-day written notice. Notification of breach and intention to
terminate the contract is to be delivered by certified mail, e-mail or
other receipted delivery service. If breaching party corrects breach
within 30 days, the contract shall continue to remain in place until its
natural expiration. Upon expiration of the contract term, all rights
granted the Publisher will revert back to author when the disclaimer is
signed and returned.
B. During the term of the contract, the Work will not be said to be out
of print.
C. Author may terminate the contract at any time, with 30 day notice. The
cost for early contract termination is $350.00 (USD) to be paid at the
time notice is given. This is for the publisher’s time and efforts, book
cover work, book trailer etc.
A. Author shall provide an acceptable, final revision of the manuscript
in either Microsoft Word or RTF within the time agreed upon or this
contract will be void. Publisher will not be held liable for lost
manuscripts. Author should always keep a backup copy.
A. Publisher and Author will mutually set the retail price of the Work
based on length and comparable works. A. Publisher and Author will
mutually set the retail price of the Work based on length and comparable
works. Publisher agrees to pay to the Author, a royalty of 50% of the
retail E Book price. If the Work is purchased in print, the royalty will
be 60%.
B. The Publisher has the right to contract with distributors, bookstores,
vendors, organizations and or outlets of printed and electronic books to
sell the Work in association with the Publisher's name. For all sales
through these outlets, the Author will be compensated 30% of the download
and/or sale price less any handling costs or discounts charged by the
outlet.
C. In order to stimulate sales, the Publisher reserves the right to lower
the price of the Work after a reasonable amount of time if the price
appears to be too high (no sooner than three months).
D. Royalties shall be calculated and paid no later than forty-five (45)
days following the end of each calendar quarter for sales during that
quarter. Royalties shall be paid by check, unless previous arrangements
are made with the author. Payment arrangements, mutually agreed upon by
the Publisher and the Author, shall be made for payment of royalties to
Author if he/she resides outside the USA. Royalties equaling less than
$20 will be held until such a time as they accrue to $20 or above. Any
withheld royalties shall be made immediately upon contract termination.
E. No royalty shall be paid on paper or digital copies distributed for
review, advertising, publicity, promotional purpose, samples, or other
similar purposes, or on copies sold below or at cost.
E. If Author has elected to grant Publisher the right to contract
with various distributors and outlets, royalties will be paid to
Author contingent on payment received from distributor. In most cases,
distributors pay Publishers every sixty to ninety days for sales through
their channels during those timeframes.
F. The Author is responsible for paying his/her own taxes on all royalty
payments received from Publisher and is advised to keep accurate
records for tax purposes. A 1099misc form will be sent to the author if
necessary.
A. The Author shall provide the Publisher with biographical information,
a photo, and a suggested blurb for use on Publisher's website. Author
agrees to give Publisher the right to use the Author's name, likeness,
title of work and biographical material for publishing, advertising and
promoting the Work. Publisher reserves the right to edit or rewrite the
blurb submitted by Author.
B. Cover art will be provided by Publisher. If the Author has his/her own
cover art, the Author must warrant that the provided art is either owned
by the Author or that it does not infringe on any copyright.
C. Publisher reserves final approval of art in consultation with Author.
D. Author agrees to self-promote the Work to the best of his/her
ability. If Author has his/her own website, the Work must be linked
to the Publisher's website. With any promotional material the Author
generates, the Author will consult with Publisher to insure proper use of
Publisher's name and/or other information.
E. Author may use the first 10 pages of the work to post on his/her
website blog or Facebook) or to give away as "teasers" to promote the
work provided it includes a link to Mystic Press Publishing.
F. Publisher will send out the work for review to no less than three
review sites. Author may request a review copy in e-book format. Author
is encouraged to solicit reviews along with the Publisher. For added
promotional purposes, Publisher and Author agree to notify each other as
to what review sites submissions have been made.
G. With enough advance notice, Publisher will provide Author any needed
book copies for Author appearances or signings. These copies would be in
the format of print and can be purchased by the author at a discount set
by the Publisher.
H. The publisher agrees to provide the author with marketing and public
relation work through Zaphyre Marketing and Public Relations to the best
of their abilities.
I. Author is required to maintain a website/blog at all times (Facebook
page for the author of book is acceptable).
A."Mystic Press" may at any time sell itself, or the majority of itself,
its holdings, or licenses. Current contracts would transfer to the new
owner.
B. Bankruptcy: If "Mystic Press" is legally judged bankrupt or liquidates
its business, this Contract shall be terminated effectively and all
rights granted to "Mystic Press" shall be terminated.
This Contract hereby constitutes the entire agreement between Author, Co-
Author, and Publisher and supersedes all previous agreements regarding
the Work, whether oral or in writing. Modification of this contract may
only occur in writing, signed by both parties.
Author's Real Name: _______________________________________
Pseudonym (if any): _____________________________________
Street Address: ________________________________________
City, State, Zip: ________________________________________
Phone Number: _______________________________________________
Email Address: ___________________________________________
Title of Work: _________________________________________
Social Security Number: _____________________________________
Author's Signature: _______________________________________
Date: _____________________________________________________
Tabetha Jones- Owner/Ceo __________________________________
Okay, ouch.
I see many things that would get my back up, but I don't know enough about contracts to dissect them point-by-point.
The location thing may not matter, if her office is in a nearby town...nope, I just looked on Google maps. Killeen is a good 80 or so miles southwest of Waco, and Elm Mott looks like another 20-ish miles north of Waco. Not a standard commute range.
I see many things that would get my back up, but I don't know enough about contracts to dissect them point-by-point.
The location thing may not matter, if her office is in a nearby town...nope, I just looked on Google maps. Killeen is a good 80 or so miles southwest of Waco, and Elm Mott looks like another 20-ish miles north of Waco. Not a standard commute range.
What the actual hell? Is that copy/paste directly? Because the amount of typos and mis-spellings and grammar mistakes in the contract is shocking. "There does not have to be no certain deadline"...really? REALLY? I mean, considering the apparent illiteracy of the owner, I shouldn't be surprised, by jeesh.
Why would anyone sign such a horrible contract? The publisher basically says they're not doing nor paying for anything and yet they're taking 70% of the profits? Then want a kill fee for cancelling the contract for 'publisher's time and effort'. What effort? The effort to drag her sorry self to the bank to deposit all the money she's taken from these clueless authors?
God, people please. Get your contracts vetted by a freaking lawyer. Negotiate the clauses that screw you over. Better yet, don't sign with a publisher whose contract includes clauses that screw you over like this (not to mention don't sign with a publisher who doesn't know the difference between 'made' and 'paid' in a legal document!)
Why would anyone sign such a horrible contract? The publisher basically says they're not doing nor paying for anything and yet they're taking 70% of the profits? Then want a kill fee for cancelling the contract for 'publisher's time and effort'. What effort? The effort to drag her sorry self to the bank to deposit all the money she's taken from these clueless authors?
God, people please. Get your contracts vetted by a freaking lawyer. Negotiate the clauses that screw you over. Better yet, don't sign with a publisher whose contract includes clauses that screw you over like this (not to mention don't sign with a publisher who doesn't know the difference between 'made' and 'paid' in a legal document!)
I now have a copy of Phoenix Fire Publishing's contract and it is identical to that of Mystic Press. Also my little company, Daverana enterprises, picked up an author that had withdrawn her books from PF. I picked them up and informed Tabetha that she was not to contact my author, Beth Wright, all things had to go through me. Beth was terrified of her. Tabetha had tried to force Beth to give her $500. then she tried to force me to give her $700. I backed her into a corner. Now she doing the usual nitwittery and going around telling people that she will sue me if I release Beth's books on Amazon. I don't think she has a leg to stand on. I've seen all the correspondence and the documents.
I just received an offer and noticed a few things:
-the offer was made six days after I submitted, and Ms. Jones apologized for taking a while. I appreciate their punctuality--I know it's not always a good sign, but I still find it polite--but it seemed a bit off. Then again, I am the person who received a contract two days after a submission. LOL.
-All they asked for in the initial submission were sample chapters (well, and the obvious query). They don't even want to read my whole manuscript?!
Oh, and they were under 'Not recommended' for Pred-Ed. That isn't always right, but it's good to be careful.
Just some helpful notes.
-the offer was made six days after I submitted, and Ms. Jones apologized for taking a while. I appreciate their punctuality--I know it's not always a good sign, but I still find it polite--but it seemed a bit off. Then again, I am the person who received a contract two days after a submission. LOL.
-All they asked for in the initial submission were sample chapters (well, and the obvious query). They don't even want to read my whole manuscript?!
Oh, and they were under 'Not recommended' for Pred-Ed. That isn't always right, but it's good to be careful.
Just some helpful notes.
They don't need it, because their priority is not manuscript quality.
Their priority is to get you to sign a legal document ASAP. I think you can guess why.
Hmmm, Redwing, I have get some clarification here: did you query them or did they approach you first?
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Unless you're an established author, no reputable publisher will make you an offer without reading and evaluating your entire manuscript. An offer on a partial is a major red flag--not necessarily a sign of dishonesty, but it definitely indicates a lack of professionalism.
- Victoria
- Victoria
Tabetha is still up to the same old tricks, with a few new twists.
Now she's included imprints, non of which are legally registered.
And what she calls freelance services. Shoddy editing, which she gets one of her other authors to do for free by offering them higher royalties for their own books - to get around having to call them employees and file taxes on them. Graphic artwork, which costs ten bucks unless she does it for free. Cover reveal, blog tours, all of which is free to her because she does it herself. Swag, for which she buys the materials for ten bucks or less in bulk from ebay. All of these services, and more, come in packages that START at a hundred bucks.
Phoenix Rising services
According to authors, these services are not backed up by any contract.
She gets authors to sign by assuring them that if they do, they'll get all of these wonderful services for free. And we all know what happens to authors that sign with Tabetha Jones.
There are authors from the days of Mystic Press that still haven't been paid royalties. And there are more recent authors that have come forward with tales of mistreatment at Tabetha's hands. Being charged separation fees to get their rights back from her (though her company is clearly illegal, and so those contracts), even having Tabetha list herself as an author on their books on Amazon and denying it even when presented with proof.
I've tried to keep up with her shenanigans on my blog. Feel free to drop by for a look.
Lepplady blog
And if you've got any advice about how these authors can get their rights enforced, please let them know. I am but one simple voice. Maybe some more experienced advice will do the trick better than I can.
Now she's included imprints, non of which are legally registered.
And what she calls freelance services. Shoddy editing, which she gets one of her other authors to do for free by offering them higher royalties for their own books - to get around having to call them employees and file taxes on them. Graphic artwork, which costs ten bucks unless she does it for free. Cover reveal, blog tours, all of which is free to her because she does it herself. Swag, for which she buys the materials for ten bucks or less in bulk from ebay. All of these services, and more, come in packages that START at a hundred bucks.
Phoenix Rising services
According to authors, these services are not backed up by any contract.
She gets authors to sign by assuring them that if they do, they'll get all of these wonderful services for free. And we all know what happens to authors that sign with Tabetha Jones.
There are authors from the days of Mystic Press that still haven't been paid royalties. And there are more recent authors that have come forward with tales of mistreatment at Tabetha's hands. Being charged separation fees to get their rights back from her (though her company is clearly illegal, and so those contracts), even having Tabetha list herself as an author on their books on Amazon and denying it even when presented with proof.
I've tried to keep up with her shenanigans on my blog. Feel free to drop by for a look.
Lepplady blog
And if you've got any advice about how these authors can get their rights enforced, please let them know. I am but one simple voice. Maybe some more experienced advice will do the trick better than I can.
- Joined
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Lepplady, please feel free to encourage any writers you're in touch with to contact me at Writer Beware: beware [at] sfwa.org. All info shared with me is held in confidence.
I've gotten some complaints about Phoenix Fire/Mystic Press, but nothing recent. If there are still problems here, I'd like to know about it.
Thanks.
- Victoria
I've gotten some complaints about Phoenix Fire/Mystic Press, but nothing recent. If there are still problems here, I'd like to know about it.
Thanks.
- Victoria
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Mystic/Phoenix Fire's contract would be a lot funnier if it were meant as a joke. It's incredibly muddled and full of misinformation. I wouldn't recommend that anyone sign it for any reason.
Okay, okay: if an evil supervillain is holding a gun to the head of your beloved pet or infant child, and is telling you they'll shoot if you don't sign the Mystic/Phoenix Fire contract, go ahead and sign it. I have no doubt that you can get out of it afterward -- it really is that much of a mess.
The single point it makes most clearly (if inadvertently) is that Tabetha Jones has no clue how real publishing works.
I see she hasn't done any deals with agents.
Bad. An author can hold all of his or her copyrights -- they don't normally change hands in publishing deals -- and still not be entitled to cut a new deal with a new publisher.
That's very odd language.
That's a grant of electronic rights.
This, on the other hand, is a mess. It's the first of many deeply confused contractual provisions involving hardcopy printed edition rights.
(Note: Tabetha Jones appears to be unaware that subrights exist. Given her other contractual confusions, that's probably a good thing; but it's a very big gap in the knowledge of someone who's supposedly a publisher.)
The contract only grants Mystic/Phoenix Fire the electronic rights. There's no comparable grant of hardcopy rights. This is made clearer by the stipulation that POD publication happens only at the author's request, and at the author's expense. Obviously, Mystic/Phoenix Fire doesn't own those rights. So what is their role in this transaction?
This paragraph is the single clearest piece of evidence that Tabetha Jones has no idea how publishing works, and ought not be entrusted with anyone's books.
What she's talking about, though she doesn't know it, is trade publishing and whole-copy returns. She thinks publishers have to buy back their returned copies. They don't. Bookstores don't pay for them in the first place. The publisher gets credited with the copies that have sold, and the unsold copies are returned to them.
What's even weirder is the apparent assumption that arranging for catalogue placement and whole-copy-returnable distribution deals is something authors do, and that the publisher needs to be protected from this dangerous tendency.
First: if any of these "approved editors" worked on this contract, I don't want them to ever lay a finger on anything I've written. Furthermore, I deny that the publisher is a fit judge of whether a manuscript needs editing.
Second: the phrase "will consent of three rounds" should be "will consist of three rounds". Note that fixing it doesn't make "will consist of three rounds" any less mysterious. Editing is not boxing.
Third: the contract doesn't say who pays these editors. I can't imagine Tabetha Jones does it, since even incompetent editors are expensive. Maybe she just rules that all would-be-paid editing is unnecessary.
The absence of a delivery date, and the denial that one is needed, is a very peculiar feature, especially since it later says that the contract can be declared void if the author fails to meet one of those nonexistent delivery dates.
It's also disturbing that there's no mention of how soon after delivery the publisher is required to publish the book. Without that provision, a quiescent publisher can sit on a finished manuscript forever.
See? That's why you need a guaranteed publication date following delivery of the finished manuscript.
But does that mean rights will then be nonexclusive? Inquiring minds want to know.
What disclaimer? What constitutes breach of contract? And what is the point at which the contract naturally expires?
What the effing eff? If going out of print were an issue, the relevant point would not be whether the work was said to be out of print, but whether in fact it was out of print, and/or whether it was no longer being offered for sale.
But going out of print is not an issue, because these are electronic and (possibly) POD books. They are neither in print nor out of print. Copies come into existence when they sell.
Tabetha Jones doesn't know that. It's astounding.
The obvious answer is to commit a breach of contract (see above), then send Jones her 30-day written notice by certified mail. This will void the contract without the need for any additional payment by the author.
The contract has already denied that a delivery date is necessary.
More strange language, but in this case I know where it comes from. That's a standard line from manuscript submission guidelines. It doesn't belong in a contract.
Also, if a publisher has received a finished manuscript, and acknowledged receipt of it, and then they lose it, they are too liable for it.
First: Publishers are normally assumed to know how much their books ought to cost. They ought not need to ask their authors.
Second: They're going to do it twice?
This again raises the question of the role Mystic/Phoenix Fire takes in the publication of hardcopy editions. If the author is the one who decides whether there will be such an edition, pays all associated costs including distribution, and the contract contains no grant of hardcopy POD rights to Mystic/Phoenix Fire, then M/PF is not the hardcopy publisher, and is not entitled to a 40% cut of those sales.
Again with the printed copies!
Hold it right there. The previous paragraph says the author gets a 50% royalty on ebooks and a 60% royalty on print copies. Now the contract says the author gets 30% less handling costs or discounts.
Is it possible that Tabetha Jones doesn't know what royalties are, and is under the impression that they're something different from the amount the author gets "compensated" for each sale?
Alternately, is it possible that Jones can't remember what she's doing from one paragraph to the next?
Do either of these possibilities exclude the other? In this case we have an answer: they do not.
If the publisher thinks the price is too high, she should have said so when she was dickering with the author about it.
Also, since the publisher seems to have a combative temperament, I'd worry about this provision getting used later on as retaliation in a quarrel.
There's no mention of a quarterly royalty statement. There should be one, especially if royalties totaling less than $20 are being held over.
That language has been lifted from a conventional publishing contract. It fails to mention how an ebook publisher can sell copies for less than they cost to produce.
The contract has already claimed those rights in two different places.
Tsk. Bad form.
If the books have sold, the publisher owes the author their royalties.
The idea that a contractual provision is needed for the publisher to have the right to use the book's title in promotional material is so daft it makes me dizzy to think about it.
That's not enough pages, unless you take the view that ebooks have variable type sizes, and therefore it's not possible to say how many words can fit on a page.
Is that an echo of PublishAmerica's practices?
They allow one author copy of an ebook? Cheapskates.
Now they're selling print copies to the author. This contract is an unbelievable mess. I opine that any author should be able to ignore it without paying any additional sums to Tabetha Jones.
I suspect, though I'm not perfectly sure, that this contract is invalid from the start. How can you have a meeting of minds when the supposed agreement assumes but does not grant hardcopy rights, either doesn't know or doesn't care what the author's royalty rates are, has a very confused notion of what "out of print" means, thinks the author is the one who makes deals with distributors, and in general is so muddled that it's impossible to tell what the parties are agreeing to?
As of 2012, Zaphyre Marketing appeared to consist of Zoey Sweete, said to be an unmarried mom and college undergrad working toward a bachelor's degree in Psychology. She has no detectable background in publishing, book promotion, or public relations.
Zoey Sweete's published work appears to consist of short pieces that appear in book-length collections. They're published alongside short works credited to a varied but repeating cast of writers, possible sockpuppets, and Mystic/Phoenix Fire employees, including Karrye Angello, Sam Briggs, Misty Burke, S. L. Dearing, Ronald Edward Griffin, Jennifer O'Neal Gunn, M. K. Hensley, Tabetha Jones, Andrea Kozari, Anna Lovelace, Jewels Moss, Nikki Palomino, Phoenix Effects, Carlie Rose, Willsin Rowe, Katie Salidas, Luna Sweete, Zoey Sweete, A. J. Stewart, Cindy Franks White, and Emily Walker.
I know two other things about Zoey Sweete. One is that whenever her work is included in a M/PF anthology, she gets first billing. The other is that she and Tabetha Jones use the same headshot photo.
This whole operation is incredibly flaky.
I don't think that would hold up in court, though if it did, it would certainly makes it easy for Tabetha Jones to change the name of her publishing company whenever she finds it convenient.
Nope! Publishing companies can't revert their backlist and inventory in case of bankruptcy, since those are often the only valuable assets they have. If Mystic/Phoenix Fire has secured creditors, the rights go to them first. The authors' books could be tied up in bankruptcy proceedings for years.
I'm not sure that's legally valid under any circumstances. It can't be valid for M/PF's authors, since it supersedes any standing contracts they already have with their publisher.
That's a good provision to have, given that Tabetha Jones has been accused of rewriting her authors' contracts and transferring their signatures electronically without telling them she's doing it. I found it in a collection of one writer's blogposts about Tabetha Jones. I do not know of my own direct personal knowledge whether the blogposts are accurate, but by golly, they certainly are interesting.
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My goodness gracious, what a hot, incomprehensible mess.
The eyes, they bleed. The mind, she boggles.
The eyes, they bleed. The mind, she boggles.
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I'm guessing she didn't come up with all that by herself, but copied much of it wholesale from one or several vanity-pub contracts.
But yes, it is a hot mess.
But yes, it is a hot mess.