The New Never-Ending PublishAmerica Thread (NEPAT)

I thought this article would make for a good point in not publishing with PA:

http://findarticles.com/p/articles/mi_m0HST/is_5_6/ai_n6276346

With the publishing rights being tied up for seven years I don't see why, if a particular book sparked interest, a big publisher would want to bother with negotiating the rights of a book from PA. If a writer went with lulu or another self-publish company where all rights are retained by the writer, the chance of re-releasing the book through a major house would seem to be much more palatable: to both parties.

One thing I've noticed in the past years since PublishAmerica started is that they have yet to ever be voted best publisher in the P&E Readers Poll. This only goes to show just how much their "happy authors" really care about PA. After all, if PA authors really thought PA was a great publisher, the number of PA authors would almost surely be enough to guarantee PA a win in the best publisher category or place in the top five. If nothing else, this demonstrates how much puffery there is in PA's claims.

DaveKuzminski said:

One thing I've noticed in the past years since PublishAmerica started is that they have yet to ever be voted best publisher in the P&E Readers Poll. This only goes to show just how much their "happy authors" really care about PA. After all, if PA authors really thought PA was a great publisher, the number of PA authors would almost surely be enough to guarantee PA a win in the best publisher category or place in the top five. If nothing else, this demonstrates how much puffery there is in PA's claims.

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You are assuming they have ever heard of P&E. Except for here, I have never heard of it, and would not be surprised that PA authors have never heard of it.

--Ken

PAMB posts than mention P&E tend not to hang around for long.

Oh, PA's been nominated before, but I don't recall them ever getting more than a very few votes. PA books and authors have been nominated, too. Some even managed to rise to within the top twenty.

It just goes to show that their authors and staff aren't voting for PA-related entries in the kinds of numbers that would assure a win. Then again, you treat your authors in the way that PA typically uses, what else could be expected but to finish poorly?

Oh, they know about it - but if word ever got out on the PAMB that someone actually took the trouble to pop over to there... whew... hell'd break loose...

I must admit, I'm surprised each year that only a very few books or writers from PA are nominated.

After all, the PA writers can claim their fans made the nominations and PA can't do anything. It's free publicity and marketing for the writers and bad publicity for PA if PA does anything to them. And if one finishes in the top ten in any category, that's bragging rights considering how many entries some categories have.

DaveKuzminski said:

I must admit, I'm surprised each year that only a very few books or writers from PA are nominated. . . .

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Why is that surprising? Few of those folks appear to know anything about Publishers Weekly, the bible of the publishing industry. It is unlikely that more than a handful have ever heard of P&E -- a useful site to those who know of it, but not exactly a household name (and of course kept from the PAMB by the PA censors).

--Ken

ResearchGuy said:

Why is that surprising? Few of those folks appear to know anything about Publishers Weekly, the bible of the publishing industry. It is unlikely that more than a handful have ever heard of P&E -- a useful site to those who know of it, but not exactly a household name (and of course kept from the PAMB by the PA censors).

--Ken

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Publisher's Weekly features stories about all those "elitist" publishers who "only want big names." In other words if some PA writers did see Pub Weekly, they might claim it's just another cog in the machine that keeps them from being successful. Ergo, they continue to need PA because no one else will give them a chance.

Tina said:

Publisher's Weekly features stories about all those "elitist" publishers who "only want big names." In other words if some PA writers did see Pub Weekly, they might claim it's just another cog in the machine that keeps them from being successful. Ergo, they continue to need PA because no one else will give them a chance.

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True. Not the point I was trying to make, but true (about their beliefs). My point was that folks who fall for the PublishAmerica line (or iUniverse, etc.) are not knowledgeable about the industry. They also appear to spend little time studying the contents of bookstores, researching Literary Marketplace, publishers' catalogs, and so on. Some seem proud that they avoid bookstores. Amazing. One of my first pieces of advice to aspiring writers--and lots of others on AW I think say the same--is to study what is on bookstore shelves to see who publishes books like what you want to write, what agents have represented similar kinds of books, and so on. If you want legitimate commercial publication, that is essential except for a few celebrities who are utterly irrelevant to the experiences and opportunities of ordinary writers.

PW is actually much more inclusive, of course (but closed to vanity press books), than big-press-only. Sure, big presses predominate, but plenty of small presses and their books get ink, too, over the course of the year. Sometimes an article even appears about self-publishing, POD, and other such alternatives.

IMHO FWIW.

--Ken

please help me

Back in June I cancelled my contracgt with PA. A few days ago, I found out that this publisher sold at least three copies of y book in October and who knows how many other than those. I wanted to know if anyone could tell me where I stand in a possible lawsuit for breach of contract?

I wanted to know if anyone could tell me where I stand in a possible lawsuit for breach of contract?

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A lawyer could tell you that.

I'm certain that the answer varies with your particular circumstances.

Ok, thank you. I spoke with a lawyer here in Canada and was told I may have to get an Americn lawyer, any advice on this? Do you know if there are any pending lawsuits against this company?

bluebaloo79 said:

Back in June I cancelled my contract with PA. . . .

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How? Contracts cannot be unilaterally canceled. Did PA agree in writing to terminate the contract?

--Ken

bluebaloo79 said:

Back in June I cancelled my contracgt with PA. A few days ago, I found out that this publisher sold at least three copies of y book in October and who knows how many other than those. I wanted to know if anyone could tell me where I stand in a possible lawsuit for breach of contract?

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You canceled or PA agreed in writing to cancel the contract and return all rights? The last time you posted, you indicated that you had asked PA to cancel the contract and return your rights. Did they ever send you the cancellation in writing?

If they did cancel the contract in full and returned your rights, then it's not a breach of contract. It's a copyright infringement. (If the book(s) were sold after the contract had been cancelled.)

If PA never canceled the contract, you are still bound by its terms and conditions.

Yes, I was actually able to get them to sign a cancellation contract.

and received the signed contract by both myself and PA of the cancellation of contract dated june 20/07

so this is considered a copyright infringement? with me being canadian is gthis something i need to take up with a canadian or american lawyer. i have copyright on this novel registered in canada, i'm not sure if this helos at all.

bluebaloo79 said:

so this is considered a copyright infringement? with me being Canadian is this something i need to take up with a Canadian or American lawyer. i have copyright on this novel registered in Canada, i'm not sure if this helps at all.

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It probably makes sense to start with a local lawyer IF you believe the matter is worth the cost. If PA is still selling books after cancellation of the contract (and if you can prove that), then I would think it is an open and shut case, but it might still cost thousands of dollars to pursue the case, with dim prospects of enough of an award to compensate, IMHO.

Perhaps a simple cease-and-desist letter from your lawyer to PA would put a stop to their infringement without great expense--maybe an hour's work at most to write and mail a letter. IMHO. Ask your lawyer.

--Ken

One of the reasons PA continues to thrive is that even with clear-cut examples of fraud and deceit, authors are told "It's not worth your time and money to pursue it, just forget about it."

Very sad, indeed.

bluebaloo79 said:

so this is considered a copyright infringement? with me being canadian is gthis something i need to take up with a canadian or american lawyer. i have copyright on this novel registered in canada, i'm not sure if this helos at all.

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You need legal advice for your next step. If you aren't sure where to turn, Volunteer Lawyers for the Arts may be able to help.

You have a case. Speak with an attorney. Your Canadian copyright is just as valid as having one from the US.

Furthermore, it doesn't matter how few copies they sold. They stole from you.

DaveKuzminski said:

. . . it doesn't matter how few copies they sold. They stole from you.

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How many thousands of dollars should the party in question be prepared to risk to pursue that argument? Is this a matter of, "Let's fight this to your last dollar?"

I'm not disagreeing about the principle. I'm just wondering how much of his or her money it is worth to you for him or her to stand on that principle in preference to simply having a formal cease and desist letter sent by a lawyer.

--Ken

Has anybody heard anything about the world-wide chopper tour? Has that gone bust?

Tri

triceretops said:

Has anybody heard anything about the world-wide chopper tour? Has that gone bust?

Tri

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They may have read our posts. I remember some recommended an IRS investigation if this was used as a write-off...

Or maybe they're just waiting for warmer weather. I shouldn't insinuate such crude and nasty things about PA. Not when they supply so much own their own.