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That is the question. What IS the intent? To whom is the petition addressed? Seeking what action?mreddin said:...If the intent is ...
Mike
ResearchGuy said:That is the question. What IS the intent? To whom is the petition addressed? Seeking what action?
A petition normally is directed to an individual or organization with some decision-making power, requesting a specific action (or requesting that a specific proposed action not be implemented). For example, neighborhood residents might petition the city council to install speed bumps and a lower speed limit on a roadway plagued with accidents and careless drivers.
Because the PA-to-author relationship is business-to-business, it is not at all clear to whom the petition could meaningfully be directed, no matter how justified the complaints. Recourse would seem to be through individual arbitration or (if the contract can be sidestepped) the courts.
I am not saying the complaints are not truthful or justified, nor that exposure of the snarkiness of the operation is not appropriate. I am just unclear on how a petition (more accurately, a list of aggrieved PA authors--it is not actually a petition*) contributes to resolution or reform.
*Petition: 1. a solemn supplication or request to a superior authority; an entreaty. 2. a formal written document requesting a right or benefit from a person or group in authority. American Heritage Dictionary of the English Language, Third Edition.
--Ken
Not customers. Authors. And there's the rub, as the authors are businesses, in a business-to-business relationship (no matter how misunderstood that is by most) with PA. It is a contractual relationship (no matter how deceptive and exploitive the contract), putting it in an entirely different category from business-to-consumer relationships.CJWilkes said:...16,000 happy customers....
ResearchGuy said:Not customers. Authors. And there's the rub, as the authors are businesses, in a business-to-business relationship (no matter how misunderstood that is by most) with PA. It is a contractual relationship (no matter how deceptive and exploitive the contract), putting it in an entirely different category from business-to-consumer relationships.
It is a well-crafted snare, complicated by the existence of some number of PA authors whose low expectations and lack of knowledge of how real publishing works leaves them as counterweights to those who have seen the light.
It does not help, either, that Writer's Digest seems to have become a pimp for vanity presses and the POD option.
--Ken
1. Request a specific actionCJWilkes said:...What is your suggestion that would vastly improve the purpose of this petition?
ResearchGuy said:1. Request a specific action
2. Direct the petition to a specific individual or agency with power to take that action
3. Collect names, addresses, and specifics on paper
4. Send the completed document, via certified mail with a return receipt, to the specific individual or agency (and if agency, to attention of a specific individual).
Suggested action: investigation of potentially fraudulent business practices
Suggested individual or agency: whoever in the U.S. Attorney General's office deals with fraud. (Start with http://www.usdoj.gov/criminal/fraud.html -- if possible, perhaps with help from reference librarian at a large library, find name of responsible individual. There are large, detailed directories of federal personnel.)
Suggested means: solicit letters, with names, addresses, and specific complaints, to be snail-mailed to one individual (Ed W.?) for compilation and forwarding.
"We the undersigned hereby request that the (whatever unit) investigate PublishAmerica, of Frederick Maryland, for fraud and deceptive business practices, as described below in summary and in more detail in the accompanying correspondence."
That is my suggestion, as a starting point. Specific complaints would included shorting of royalties, incomplete and inaccurate accounting of sales, misleading advertising, deceptive contract provisions, shoddy products ... whatever the authors' specific complaints include, especially where there are patterns.
--Ken
P.S. The cited DOJ website has a phone number -- it might behoove whoever is coordinating the petition to spend some time on the phone chatting up the staff of the fraud section for ideas on how to proceed, whom to address, and so on.
Jacob Fox said:Well, my book published by PA came out a couple months ago. I am too overly concerned about the book itself, because I had never really planned on getting it published in the first place. Making the mistake of going to PA has taught me a valuable lesson that I won't soon forget. However, beyond the general crap they deal out to all of their authors, they haven't done anything more directly to piss me off individually.
But I would love to see them try and fine me $5000 for saying how much they suck (which they majorly do, by the way).
I honestly believe at some point they are going to make the wrong person angry, and that person will bring them down. You can't continue to run a bussiness as poorly as they do without some repercussions. I am sure they will face all of them in the future.
DaveKuzminski said:
[font=geneva,arial]
4. Copyright shall be taken out in the name of Author in the United States of America, and in foreign countries as the Publisher may deem advisable.
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This ought to go over real well with authors who have their own agreements to divide the money differently than what PA declares it will do.6. If the work is authored or owned by more than one person, the word Author, as used herein, shall be deemed to include all collaborators, authors, or owners who are parties hereto, jointly and severally, and all sums payable to the Author shall be divided equally between or among them and the Publisher shall render separate accounts and make separate payments to each of them unless herein otherwise provided.
Of course, let's not forget this paragraph where PA even tries to dispose of things it doesn't own such as the copyright that was registered in the author's name.24. When in the judgment of the Publisher, the public demand for the work is no longer sufficient to warrant its continued manufacture, the Publisher may discontinue further manufacture and destroy any or all plates, books, sheets and electronic files without any liability in connection therewith to the Author. However, the Publisher agrees to notify the Author of such decision in writing, and will offer to transfer to the Author the work and its rights in the copyrights thereon, the plates (if any), the bound copies and sheet stock (if any) on the following terms F.O.B. point of shipment: the plates at their value for old metal, the engravings (to be used only in the work) at one-half (½) their original cost, the bound stock at one-half (½) the list price, and the sheet stock at cost of gathering, folding, sewing and preparing for shipment, all without royalties. In the latter event, unless the Author shall, within 30 days, accept said offer and pay the amount set forth in said writing, the Publisher may dispose of the work, copyrights, plates, books, sheets and other property without further liability for royalties or otherwise.
I really like this one. PA even tries to rewrite criminal law by insisting that fraud on their part has to be handled by arbitration.28. All unresolved disputes and controversies of any kind and nature within the scope of this agreement (whether arising from fraud, mistake, questions of the existence, validity, construction, performance, nonperformance, operation, or breach) shall be submitted to an Arbitrator selected in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in the City of Frederick, Maryland in accordance with the Arbitration Rules, and the decision of the arbitrator shall be final and binding on the parties to the proceeding, subject only to the right of judicial relief as prescribed by law. This agreement shall be governed and construed in accordance with the laws of the State of Maryland. Author and Publisher irrevocably submit to the jurisdiction of any Maryland State or Federal court sitting in the City of Frederick over any suit related to this agreement.
I missed this! Were they required to stop using the name? Google still turns it up on their catalog pages.Aconite said:Also, PA was sued by Encyclopaedia Britannica for using "PublishBritannica" as the name of their UK arm. Settled out of court for an undisclosed amount.
DaveKuzminski said:Of course, let's not forget this paragraph where PA even tries to dispose of things it doesn't own such as the copyright that was registered in the author's name.
MadScientistMatt said:For that matter, this clause seems to imply that PA could sell the copyright to another entity. Perhaps they could sell it to a company like WillemAir, thus holding the author's copyright hostage indefinitely.