The Old Neverending PublishAmerica Thread (Publish America)

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Lady of Prose

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Some are advised by attorneys to stay quiet.
 
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CJWilkes

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That is understood, but there are many that are not. There are some who will and some who will not. It is just an opportunity for those who would like to that can to do something. Nothing more, Nothing less.

Personally, I just hate to sit back and say... ok you have slapped me I will go on as it never happened, knowing that it will happen again to someone else. That is why I thought of it and brought it to Ed and Soots, and now to Jenna, and other boards.
 

ResearchGuy

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mreddin said:
...If the intent is ...

Mike
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
 

CJWilkes

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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

I see what you are saying... so then what would you propose we petition?

A legal evaluation of the contracts that PA introduces to their customers? A reformation of their business dealings since, obviously, there is a list of very dissatisfied customers?
A public account for all business dealings involved in contract with PA, such as where, when, and how much is each book sold for and what discounts are contracted for each book to each distributer, book company, etc...?

As I said... it was and is a thought in progress and there is room for improvement. What is your suggestion that would vastly improve the purpose of this petition?
 

ResearchGuy

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CJWilkes said:
...16,000 happy customers....
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
 

CJWilkes

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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

Yes, authors, and business contract holders, but the authors come to PA for a sevice. Thus falling into a customer status as well. In any business whether a contract is being made or not, if you are aproached for your services then you are still a customer to a degree and should be treated with respect. Because as with other companies, if you don't have your customers then you don't have a business. The same holds true for PA. Without its authors they would not exist. Simple basics of business.

But I am not here to debate the author to PA or customer to business relations. I am wondering if you have any suggestions that would help in our efforts to better this petition or list of names? I am truly interested in your thoughts on that matter.
 

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CJWilkes said:
...What is your suggestion that would vastly improve the purpose of this petition?
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.
 
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Jacob Fox

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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.
 

TwentyFour

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I don't believe they would sue 1000 people if they sign that petition. I do believe the 1000 could sue them. Possibly if you stated that in the petition you may get more signatures. If they believe they are going to be sued they may not sign.
 

CJWilkes

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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.

Ken, you have some very valid points and suggestions that I have passed on to Ed. I agree we need to make it more pointed and direct. What would we do without our Research Man! Thanks.
 

CJWilkes

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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.

The petition is for All PA authors who are concerned about the decission to have chosen PA for their publisher or who have learned a valuable lesson. We would love for you to sign too. Anyone who has a concern who would like PA looked into further should sign. We will see what we can accomplish with the petition, but no voice is too small.

Ken gave us some valuable information that we will look into. As has been mentioned before, One small suggestion or ball moving can and will do great things. Thank you Ken!
 

Memphis Ed

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My fear is that there is 100 happy PA authors, a couple of dozen REALLY p####sd off authors, and around 16,000 ambivalent authors.

Kind of like Amway...tried it, didn't work, move on.
 

CJWilkes

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There may be 100 happy and a handful of unhappy's and others standing on the sideline. But there are unhappy's and that is what we are showing. We are showing that they are real people and not false claims or big talk.
 
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Ol' Fashioned Girl

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When I 'signed' the 'petition' I was under the impression that it was just a list to show those of us who don't want to be included in that list of 16000 'happy authors'... if the intent of the list has changed to something else, I'd like to know what that something else is before I'm included in something I might not agree with/want to participate in/etc. We need to solidify the intent before we go any further or the whole project is worthless.
 

DaveKuzminski

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For those who are interested, the following appears to be the very latest PA contract. I'm still seeking to get a copy of the newest reversion contract which includes a "no-compete" clause. I've included the email that accompanied the sample:

Below is the sample contract. Please review it and ask any questions you may have at this time.
Please do not sign it and return it, it is only a sample. Thank you.

Have a great day and take care!

Bonnie Williamson
Acquisitions Editor
PublishAmerica





[font=geneva,arial]PublishAmerica
PublishAmerica, LLLP
POST OFFICE BOX 151
FREDERICK, MARYLAND 21705-0151
[/font]​
[font=geneva,arial]
AGREEMENT made this Day day of Month 2005, between party of the first part, Author , hereinafter called the Author, and PublishAmerica, LLLP, a book publishing company with its principal office located in the State of Maryland, party of the second part, hereinafter called the Publisher.

Witnesseth:

Whereas, the Author is Proprietor of a literary work at present known as:
Title which work the Publisher agrees to produce in book form on the terms and conditions specified hereinafter;

1. The Author grants and assigns to the Publisher during a period of seven years from the date of the signing of this agreement by both parties thereto the exclusive right to produce, publish, sell or export, or cause to be produced, published, sold or exported, the above work in book form in any language or languages, in the United States of America, its Dependencies, and in Canada; and the exclusive right to arrange for the publication of the above work in book form in all foreign countries, and/or to export copies to these territories and countries. The Author and the Publisher agree that this agreement is renewable upon the date of its expiration during an additional and successive period of seven years, on the same terms and conditions as specified hereinafter, provided that both parties to this agreement shall mutually ratify such renewal in writing at least three months prior to the date of expiration as hereabove set forth.

2. The Publisher agrees to produce the said literary work in book form, in such format, type and style of paper, jacket and binding as will make the volume attractive and substantial-looking. It is specifically understood and agreed, furthermore, that the said volume will contain all manuscript pages as submitted by the Author (unless otherwise designated hereinafter), and will be printed on good quality paper with the bound size to be, approximately, 5½ x 8½ or 6 x 9 inches, or any other size as the market demands.

3. The Publisher agrees to cause all copies of the said literary work to be printed as the market demands, and agrees, furthermore, to cause the copies so printed to be bound, from time to time, in sufficient quantities to supply purchasers of the said literary work therewith.

The Publisher shall pay to the Author the following royalties:

A royalty upon the regular edition sold in the United States and elsewhere of:

8 percent of the sales price thereof on the first 2,000 copies sold;
10 percent on the next 8,000 copies sold;
12.5 percent on all copies sold in excess of 10,000 .

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.

5. The Author agrees that all the copies of the said literary work that may be used for review and/or publicity purposes, and all that the Publisher may deliver to the Author without receiving payment in money, and all that the Publisher may deliver to the Author at a discount from the regular retail price, shall not be subject to any payment to the Author.

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.

7. No payment shall be made to the Author on any copies of the said literary work that the Publisher may distribute for advertising and/or sales promotion purposes, that may be destroyed by fire and/or water or otherwise damaged or destroyed, or that may be lost in transit or in any other manner - such damage, loss and/or destruction not being due to any negligence on the part of the Publisher.
8. No payment shall be made to the Author for permission gratuitously given to others to publish extracts from the said literary work to benefit the sale thereof, but all compensation received by the Publisher for the publication of extraction therefrom, or for serial use after publication in book form, or for translations, or for abridgments, or as a book club selection, shall be divided in the proportion of 50% to the Author and 50% to the Publisher. All compensation received by the Publisher for the dramatic or motion picture rights, or for the first serial rights prior to book publication, or for foreign, radio, dramatic, cheap edition, television and/or all other rights in the said literary work shall be similarly divided between the Author and the Publisher, as hereabove set forth.

9. The Publisher agrees to distribute, at his discretion, for purposes of publicity and/or review, promotional information pertaining to the said literary work, to publications throughout the United States and/or Canada, or elsewhere. Distribution of this promotional material shall be at the Publisher's own cost and expense and to media outlets of the Publisher's own choice. The Author agrees that excerpts of the said literary work may be included in this promotional information, and agrees, furthermore, that the Publisher may, at the Publisher's election and discretion, cause to promote the said literary work, as designated, in any electronic format, and that the Publisher shall have the exclusive right to distribute or cause to distribute, and to sell or cause to sell, at the Publisher's election and discretion, copies of the said literary work in any electronic format. The Publisher agrees to pay to the Author a return as specified in Provision # 3 of this agreement of the sales price of every copy in any electronic format that may be sold and for which the Publisher shall receive payment in money.

10. The Publisher agrees to deliver to the Author 2 copies of the said literary work, on publication, without charge. Should the Author wish to purchase additional copies of the said literary work directly from the Publisher, the Publisher agrees to supply the Author with such copies at a discount of 20% from the regular retail price per copy, if the Author orders up to 20 copies at a time, and at a discount of 30% from the regular retail price per copy, if the Author orders 21 copies or more at a time. The Author may dispose of these copies in any manner, and, if re-sold, may retain all monies derived therefrom.

11. The Publisher agrees to keep and maintain true and accurate records relating to the distribution of copies of the said literary work, including reports of all sales and collections therefrom.


12. The Publisher agrees to render and forward to the Author, in the months of February and August next succeeding the date of publication of the said literary work, and thereafter semi-annual statements of account for so long as copies of the work subject to royalty are sold. With respect to copies sold, the statement shall indicate the price of each copy sold. The statement shall indicate both the total royalties payable to Author on sales during the accounting period and the breakdown indicating the royalties attributable to specific kinds of sales. Author may, upon giving sufficient notice of no less than seven days, examine Publisher's records and accounts to the extent that such records and accounts are relevant to the publication of the said literary work, which shall be done at Author's expense.

13. The Publisher shall furnish the Author with an electronic page proof of the work which conforms to the completed manuscript as submitted by the Author. The Author agrees to return such proof to the Publisher with his (grammar and/or spelling and/or "typo" and/or non-substantial editing) corrections within fifteen (15) days of the receipt thereof by him. The cost of alterations in the page proof required by the Author, other than corrections of Publisher's errors, in excess of fifteen (15%) percent of the original cost of composition, shall be charged against the earning of the Author under this agreement; provided also, however, that the Publisher shall promptly furnish to the Author an itemized statement of such additional expenses, and shall make available at the Publisher's office the corrected proof for inspection by the Author or his representatives.

14. (A) If, in the Publisher's opinion, the manuscript of the said literary work requires substantial editing, the Publisher agrees to provide such editorial service without cost or expense to the Author. It is specifically understood and agreed, however, that the Publisher shall make no major revisions, changes and/or alterations therein without first consulting the Author and receiving written permission to do so. (B) The Publisher reserves the right to delete, modify and/or make such editorial changes and/or revision as they deem advisable in the event that the context, or implication, of any part of the said literary work would, in Publisher's opinion, incite prejudice, or defame any group, or any member thereof, because of race, religion or nationality; or in the event that any part or parts of the said literary work may be considered, by the Publisher, to be against the public welfare.

15. If the Author shall make any changes and/or alterations in the proofs of the said literary work as submitted by the Publisher after it has been set up in type (other than corrections of Publisher's errors), or if the Author shall add additional material thereto at any time after the signing of this agreement, the Publisher agrees to make such changes and/or alterations, and to add additional material, only on condition that the said changes and/or alterations and the inclusion of any new material shall be approved of by the Publisher as benefiting the said literary work, and on condition, furthermore, that the Author shall pay to the Publisher all the cost involved in so doing.

16. The Author agrees to revise the work on request of the Publisher, if the Publisher considers it necessary in the best interests of the First and/or future Editions of the work. The provision of this agreement shall apply to each revision of the work by the Author as though that revision were the work being published for the first time under this agreement, except that the manuscript of the revised work shall be delivered in final form by the Author to the Publisher within a reasonable time after request for revision; further, no initial payment shall be made in connection with such revision.

17. Sales promotion, advertising and publicity shall be at the Publisher's election and discretion as to the extent, scope and character thereof and in all matters pertaining thereto. The Author agrees to actively participate in promoting the sales of the said literary work in his home town area and elsewhere, by making himself available to media interviews, book readings and/or signings, and other public sales promotion appearances.

18. The Author agrees that all matters dealing with the design and production of the said literary work shall be at the discretion of the Publisher.

19. Whereas this agreement refers to a First Edition of the said literary work, as designated, the Publisher may produce as many editions thereof, consisting of as many copies as Publisher shall deem advisable, at any time after it ceases to produce copies of the First Edition. On all such subsequent editions that the Publisher may produce, the Author shall receive a return as specified in Provision # 3 of this agreement of the sales price of every copy that may be sold and for which the Publisher shall receive payment in money.

20. Author hereby agrees that the Publisher shall have the exclusive right for the duration of this Agreement to negotiate for the sale, lease, license or other disposition of the said literary work in all hard and/or soft cover or reprint editions in book form. Author furthermore agrees that the Publisher shall have the exclusive right for the duration of this Agreement to negotiate for the sale, lease, license or other disposition of the said literary work in the motion picture, dramatic, radio, television, and/or all other fields only if so instructed by the Author in writing. It is also agreed that the Publisher may engage an agent, or agents, to negotiate, or assist in negotiating, for such sale, lease, license or other disposition. Approval of all terms, provisions and conditions of any and all contracts in connection with any such sale, lease, license or other disposition shall be given by the Author upon the recommendation of the Publisher; and, for that purpose, the Author agrees to duly execute any and all contracts, assignments, instruments and approved papers submitted by the Publisher. All gross monies and compensation received in payment for such sale, lease, license or other disposition shall be collected and disbursed by the Publisher, and all contracts for such sale, lease, license or other disposition shall provide that such monies and compensations are to be paid to the Publisher; and the Publisher is authorized to receive, collect and disburse same and to endorse and deposit all checks and/or drafts for such payment. All payments due from the Publisher to the Author hereunder shall be made within ninety (90) days from the receipt thereof by the Publisher, accompanied by statements of the amounts received and disbursed.

21. In the event of the infringement, by others, of the copyright, or other rights, in the said literary work, the Publisher may, in its discretion, sue, or employ other remedies as it may deem expedient, and shall pay to the Author 50% of the net proceeds of any recovery.

22. This agreement is entered into by both parties in good faith, with the mutual understanding that neither party has guaranteed, or is to guarantee, the sale of any specific number of copies of the said literary work, it being impossible to predict, before publication, what success any book may attain.

23. The Author acknowledges that the Publisher has not made any prior pledges, promises, guarantees, inducements, of whatever nature, either in writing, by word of mouth, or in any form, that are not contained in the terms of this agreement.

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.

25. The Publisher agrees to commence production of the said literary work within 365 days from the date of the signing of this agreement by both parties thereto, provided Publisher is not hindered by causes beyond its own control, or by the Author.

26. This agreement shall be binding on, and inure to the benefit of, the executors, administrators, heirs and assigns of Author, and the successors and assigns of Publisher. No assignment by Author shall be binding on Publisher without the written consent of the Publisher; provided, however, that Author may assign or transfer any monies due, or to become due to him, hereunder.

27. The Author covenants and represents that the said literary work has not hitherto been published in book form; that it contains no matter that, when published, will be libelous or otherwise unlawful, or which will infringe upon any proprietary interest at common law or statutory copyright; that the Author is the sole proprietor of the said literary work and has full power to make this grant and agreement, and that the said work is free of any lien, claim, charge or debt of any kind, and that the Author and his legal successors and/or representatives will hold harmless and keep indemnified the Publisher from all manner of claims, proceeding and expenses which may be taken or incurred on the ground that said work is subject to any such lien, claim, charge or debt, or that it is such violation, or that it contains anything libelous or illegal.

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.


29. Any written notice required under any of the provisions of this agreement shall be deemed to have been properly served by delivery in person or by mailing same to the parties hereto at their addresses as of the date set forth above, except as the addresses may be changed by notice in writing, provided, however, that notices of termination shall be sent by registered mail.

30. A waiver of any breach of this agreement or of any of the terms or conditions by either party hereto, shall not be deemed a waiver of any repetition of such breach or in any way affect any other terms or conditions hereof; no waiver shall be valid or binding unless it shall be in writing, and signed by the parties.

31. The Author will upon furnishing the Publisher with said literary work in its final version, as an electronic file, receive an advance dollar amount of $ 1 (one) , which will be charged against royalties due to the Author.

IN WITNESS WHEREOF, the parties hereto set their hands and seal the day first above written.


_________________________ __________________________
for PublishAmerica, Inc., Author
General Partner


_________________________ __________________________
Witness Witness

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[font=geneva,arial][/font][font=geneva,arial][/font][font=geneva,arial][/font][font=geneva,arial][/font][font=geneva,arial][/font][font=geneva,arial] __________________________ [/font][font=geneva,arial][/font][font=geneva,arial][/font][font=geneva,arial][/font][font=geneva,arial][/font][font=geneva,arial][/font][font=geneva,arial] [/font][font=geneva,arial] [/font][font=geneva,arial] [/font][font=geneva,arial] [/font][font=geneva,arial] [/font][font=geneva,arial] [/font][font=geneva,arial] [/font][font=geneva,arial] [/font][font=geneva,arial] [/font][font=geneva,arial] [/font][font=geneva,arial] Author's Social Security Number[/font]
 

DaveKuzminski

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DaveKuzminski said:


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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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Hmmm, looks to me like PA should have used a better editor since that comma can change the meaning in paragraph 4 significantly. In other words, PA, if you wanted the phrase "as the Publisher may deem advisable" to apply to the part about taking out the copyright in the US, then you shouldn't have used a comma. As it stands now, grammatically, I interpret this to mean that PA must spend the money to obtain a registered US copyright in the author's name. If PA doesn't, then they're in violation of their own contract.

Anyone disagree with my interpretation?
 

DaveKuzminski

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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.
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.
 

DaveKuzminski

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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.
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.
 

DaveKuzminski

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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 really like this one. PA even tries to rewrite criminal law by insisting that fraud on their part has to be handled by arbitration.

By the way, PA, did you notice that you state in this paragraph that arbitration is binding which means if you lost to Dolan and this was in his contract you actually have to pay? Have a nice day, PA.
 
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Kate Nepveu

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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.
I missed this! Were they required to stop using the name? Google still turns it up on their catalog pages.
 

MadScientistMatt

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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.

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.
 

DaveKuzminski

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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.

Matt, I suspect they want their writers to remain afraid of them doing just that.
 

Sparhawk

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16,000 Happy Authors

Just a quick note. I love how PA continues to spout this "Happy Author" pablam. I strongly suspect that if a real survey was done, similar to the great stuff at P&E, there would be a considerable number of UNHAPPY authors as opposed to 'Happy' authors. How many PA authors simply take the lumps and ride off into the literary sunset never to be heard from again. Look, average booksales of 75 CANNOT make too many happy authors. I think that a list of UNHAPPY AUTHORS can bring to light that there are more than a "Handful" of naysayers as PA claims.

I also think that there should be a way to refute the 16,000 Happy author tripe they keep shoveling. I'd lilke to see it proven, that at this current point in time, there are 16,000 happy PA authors. All that's required for PA is to simply take a survey of their flock of past faithfuls.. I suspect that the number of miserable, downtrodden, discuraged writers will vastly outnumber the Kool-aide swiling happy authors by a significant ratio. Which is also why PA will never ever attempt this.

Publish America knows they're a scam, they know how many people they've harmed. They simply don't care. As long as there are writers to scam PA will always struggle to maintain its existence.
 
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