The New Never-Ending PublishAmerica Thread (NEPAT)

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Khazarkhum

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Excuse me, but I doubt that PA holds the derivative rights to any manuscripts they've signed. The author would and should still hold those rights to create derivative works using the same characters and settings.

Hollywood contracts typically have those kind of all-encompassing rights grabs. Publishing doesn't & shouldn't, but since we're talking PA anything is possible.
 

JulieB

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Excuse me, but I doubt that PA holds the derivative rights to any manuscripts they've signed. The author would and should still hold those rights to create derivative works using the same characters and settings.

I've seen some publishing contacts that grab everything. That's why I suggested contacting an attorney.
 

Don Davidson

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Welcome, and good luck

Im new here and I am also an idiot......I didn't catch these forums and all the negative feedback for PS intil I signed the contract and I havent had my book published by them yet. So went they sent my author questionare. I immedetly told them I had to get out of it and hopefully it works. If it doesn't...if I dont turn in my final manuscript by August 1st they said they would have to terminate my contract....any advice?

Wow, I wish they had made me that offer. Cancel my contract, please!!! Throw me in that briar patch!

Anyway, welcome, Andy. Nice to have you here.

PA doesn't like to cancel contracts. They have refused me several times, including shortly after I signed it. Later they offered to cancel if I would pay them $300, but I could not see sending those scammers any of my money. Some have been successful in getting PA to cancel their contract, while others have not. The best advice I've seen here at AW is to be courteous, polite, and as persistent as you can. And don't give them any money--they will only want more.
 

merrihiatt

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Welcome, Andy! :welcome:

I'm sorry to hear about your dissatisfaction with your publishing experience. I hope you are able to be released from your contract and find another publisher who can give you what you seek.
 

Marian Perera

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Welcome to the board, davisdj!

I would like to echo this comment. I have just completed the herculean task of reading the entirety of the Old NEPAT, and the New NEPAT.

I'm awed and impressed. I read through chunks of those threads when I first found AW, but I don't think I've plowed through them in their entirety. They're like the AW version of TV Tropes; after you start on them you look up and wonder where the time has gone.

Is there some sort of award for doing that?

Only if you also read PAMB and its Quotes and Son of PAMB and its Quotes. ;)

It's always good to hear that someone else has been inoculated against PA. I'm also caught up in the ongoing story, though the Tales of PA Past seem to have been even more interesting. Like the PA defender who faked his own death on the PAMB, or the authors' convention where someone pulled the fire alarm. Ah, good times. Hope you stick around!
 

Marian Perera

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I recently was published by PA. It looked like it might be a positive experience.

Great to see new people in the forum! Welcome, bcjwriter.

Wal-Mart is especially unlikely to deal with PA or PA-printed books, I'm afraid - try a search for Wal-Mart in the quotes threads and see what crops up. That's one of the sad things about being stuck with PA, IMO - authors try the same promotional/marketing/sales efforts that others before them have tried, not realizing how many of these efforts are likely to fail before the obstacles that PA itself puts in their paths.

But working on other books is a great step away from all that. Best of luck!
 

Arkie

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Great to see new people in the forum! Welcome, bcjwriter.

Wal-Mart is especially unlikely to deal with PA or PA-printed books, I'm afraid - try a search for Wal-Mart in the quotes threads and see what crops up. That's one of the sad things about being stuck with PA, IMO - authors try the same promotional/marketing/sales efforts that others before them have tried, not realizing how many of these efforts are likely to fail before the obstacles that PA itself puts in their paths.

But working on other books is a great step away from all that. Best of luck!

PA can't afford the huge discounts Walmart requires. Walmart treats books as "loss leaders." They sell books at large discounts to entice shoppers in to buy other things. In addition to the discounts in the shelves, they place remainders on even larger-discount tables near a front entrance. PA authors have thought to try to place their books with the Walmart distributor; however, this requires obtaining a distributor's license and it is simply not cost effective.
 

xXFireSpiritXx

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They said when they own print rights it comes in all formats whether it be graphic novel, comic book, etc.

I called bullshit. They flipped out and banned me from everything.
 

Arkie

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They said when they own print rights it comes in all formats whether it be graphic novel, comic book, etc.

I called bullshit. They flipped out and banned me from everything.

You might get back on their board by going back to them with an email and groveling. They love that.
 

Kaji

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LOL I am glad someone mentioned this, and I am glad I saved the email. I was banned from the PA board ( gasps ) and I was able to get reinstated, not by groveling, but by insulting them.

"So you only allow people to post messages that say, "PA RULES!" and if Simone replies with..." I don't know, something happened to me today." then BOOM they are banned, and forbidden to join again? So you only want the public to read the good messages, and not the truthful ones? That seems a bit shady to me. In fact I think a situation like this happened in Germany once...Clue for you....he had a small mustache, and wore a swastika.

Luvs, XOXO
-Shane."

That is not my whole e-mail, but you get the gist of it. Listen to their response, it still makes me giggle.
"Dear Mr. Maddon:
Chill out.
Your board access was interrupted for two reasons. First, you have quickly
developed into a serial poster, which tends to suck the oxygen out of the
room for everybody else. Quiet down, please, and post with moderation.
Next, you left multiple posts overnight demanding to know what happened to
some of those messages. That's not what PublishAmerica maintains a message
board for. The board is primarily intended for authors to discuss their
experiences as a published author, not to bemoan imagined wrongdoings at the
hands of the board moderator.
If you would have taken your time to look around more carefully, you would
have found your "lost" post here:
http://bb.publishamerica.com/viewtopic.php?t=29321, with only the header
edited. Originally you had accused a third party of racism without
substantiating the use of such a heavy word in your actual post. You can't
do that. It's the same sort of way-over-the-top hyperbole that you used in
your message to us, when you compared your publisher to Adolf Hitler.
Please remember that access to our message board is a privilege, not a
right. We may suspend that privilege at any time.
That said, your access is herewith restored.

Thank you,
Message Board Team"

lol Nice eh?
 

B.L. Robinson

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I've been hitting PA author support repeatedly over the past week or so trying my semi-annual attempt to get my contract voided, so far with no luck other than getting "Darcy" more than a bit upset with me as she/he told me:
Dear Mr. Robinson,

Do not address us in such a tone. As you know, your request is not "as per
[your] contract". Your request is denied, and future such request will be
ignored. We will provide such info during our usual royalty periods, as per
contract, and we will not do to outside of those periods. We will take no
extra effort or special consideration for you at all.

Anyone want to take a stab at proofreading this email? Don't hurt yourself laughing, please...

For reference, my request was for a list of distributors who had purchased my book, the dates and quantities... I also asked Darcy what her/his position was at PA as I wanted to make sure that they were qualified to make the decision as to my contract... to which they replied:

Dear Mr. Robinson,

Do not address anyone at PublishAmerica in such a manner. Everyone with whom
you are communicating is authorized to handle such low-level issues. Future
such requests will be ignored, as will all future unprofessional
communication. Your offer was rejected. You may either accept our offer or
not.

Thank you,
Darcy

Evidently formatting is not a strong suit there as well, as the break in the message is just as it appears here.

The subject line read :Request for special serives denied.
I advised them that a typo appeared in the subject line, and that was more proofreading than what PA had ever done for me... should I charge them? lol...

I have just under two years to go on my seven as of June of this year. Six months out I will be serving them with formal, certified notices to cease and desist marketing of my book, that I am not renewing my contract. In the meantime I am rewriting the book with a new title so that I can release it as soon as the contract runs out and put the old one into mothballs forever more!
 

merrihiatt

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Six months out I will be serving them with formal, certified notices to cease and desist marketing of my book, that I am not renewing my contract.

I can hardly wait to send my certified letter. Just for good measure I thought I'd start at about the nine month out mark. Something tells me it make a take a month or two of attempts before they even acknowledge receiving it.

It is hard to believe those e-mails came from a publishing company (poorly written, typos, grammatical mistakes, formatting errors, etc.).
 

Gillhoughly

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It is hard to believe those e-mails came from a publishing company (poorly written, typos, grammatical mistakes, formatting errors, etc.).

That's because PA is a PRINTER, not a publisher.
B.L. Robinson--
"Darcy" is clearly Miranda Prather having a bad hair life or Miranda's bi*ch/yes-zombie.

According to an ex-employee, the InfoMonster slaps a few lines of abuse on at the beginnings of form letters, then has some poor minimum wage minion mail them out under their name not hers. He got fired for being reluctant to send the mail to a customer.

I suggest trying certified mails directly addressed to the other two stooges, Larry Clopper and Wilhelm Meiners. Include copies of Miranda's love notes, and request that you be released from your contract by THEM, since she's unable to reply to a reasonable request in a professional businesslike manner.

You're on her s**t list, anyway, so going over her head is worth a try.

Be sure to walk through some moist dog poo on the way.
 
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smsarber

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Awww, they called you "Low-Level" (at least, your requests) cosidering PA is currently sitting at a subterrainian level close to the devil's home, Low-Level is quite a few miles UP. So quite a compliment. And take Gill's advice, go over her head. Just watch out for the snakes in her hair.
 

DaveKuzminski

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I recommend sending the certified letter as soon as possible so you'll have time to take action if they try to claim you didn't send it in time. This is how they treated their "authors" during one of their first special sales where they gave out royalties along with a discount.
 

Don Davidson

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"Let my people go!"

I recommend sending the certified letter as soon as possible so you'll have time to take action if they try to claim you didn't send it in time. This is how they treated their "authors" during one of their first special sales where they gave out royalties along with a discount.

I still have 5 years to go on my 7, and I'm thinking of sending them annual letters (but probably not via certified mail until the final year or two).
 

Marian Perera

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I also asked Darcy what her/his position was at PA as I wanted to make sure that they were qualified to make the decision as to my contract... to which they replied

I used to work in customer service (quit a week ago to go back to college, yay). People have asked me what my position in the company is, and I always just told them. I don't know why making such a request of a PA employee leads to a "tone letter" remark.
 

LexiCan

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Can you even do this? It was my understanding that no agent or publisher would take on a manuscript that had no first publishing rights, even if it is reedited and under a new title. I wanted to do that with mine, and even write under a different name. Just wondering if it's even possible.


In the meantime I am rewriting the book with a new title so that I can release it as soon as the contract runs out and put the old one into mothballs forever more!
 

Cyia

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People cannibalize older stuff all the time. (so long as the stuff isn't under someone else's copyright.)

If you rewrite a certain percentage of the MS, then it's legally no longer the same book, which means that the 1st rights haven't been used. Change the title, change the setting, change the character names tweak a few of the scenes and you have a new book.

When I first started posting here, someone mentioned that changing as little as 10% of the text constituted a new manuscript. I don't remember who it was or know how accurate their information is though.
 
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