All Things That Matter Press:
We chose, after a couple of attempts to reach out to these people, not to continue to participate in their “chat” since it appeared to be degenerating into some pretty ridiculous commentary and sarcasm.
Good to know it had absolutely nothing to do with their refusal to answer questions about inaccurate claims about the publishing industry and non-industry terms in their contracts.
All Things That Matter Press:
It also appeared to be becoming a semantics war based on certain people preferring one word over another, or perhaps just not having a grasp of certain words at all.
"Net profit" was one such "semantic war" that they refused to explain or justify.
All Things That Matter Press:
Gee, what a shame these folks’ publishers don’t share corrections and editing suggestions with them.
Untrue. The concerns raised were about an editing service that was advertised though this press. That is not what commercial publishers need to do.
All Things That Matter Press:
ATTMP authors and/or authors submitting to us are prohibited from using the editing service listed on our website. It is absolutely not allowed, and that fact is clearly stated. That service is available for authors who, while not choosing to submit to us for whatever reason, such as their genre doesn’t fit with us, would like to have their book edited prior to submission to the publisher(s) of their choice. We, in fact, frequently refer those authors to other editing services, just in case their work turns out to be something we’d offer a contract on when it was complete, so as to avoid even the appearance of impropriety.
Firstly there's the complete WTF-ery of advertising an editing service on your site and prohibiting your authors from using them. Secondly, there's a massive conflict of interest in any publisher referring a rejected author to an editing service.
All Things That Matter Press:
Well, to our way of thinking, “injurious” would encompass such things as, oh, say, one of our authors suddenly going off the deep end and becoming a mass murderer. That would be injurious to us. Of if one of us did the same, that would be injurious to the author (and to us, too). Or if one of our authors who had published under a pseudonym for personal reasons were to suddenly start receiving death threats, that would be injurious to him. Obviously, legal language in contracts is intentionally written a bit vaguely in order to encompass unforeseeable future contingencies. If our attorney had tried to list every conceivable possible “injurious” circumstance, the contract would be pretty long!
How can All That Matters Press reserve the right to determine what is injurious to an author's interests? That's incredibly presumptious. Speaking as a lawyer, it is entirely possible to define "injurious" to a set list of circumstances that the parties mutually agree on. If you decide to keep it vague, it's because you want to keep your options open and given the breadth of the contractual clause in question, it's not in an author's best interests.
All Things That Matter Press:
“I'd at the very least try to contact one of their authors to see how they have found their experience with the publisher, but ultimately, Allthingsthatmatterpress are not a tradition publisher, with no advance given, but inflated net royalties of 40%. Not uncommon in publishing, in fact, more and more LARGE publishing presses are no longer offering authors upfront advances. HarperCollins set up HarperStudios with this model of author/publisher contract.” (Emphasis added.)
Which LARGE publishing presses would that be? Most commercial publishers are still offering advances of some sort.
Vis HarperStudios, it's somewhat misleading to equate that model with what All Things That Matter is doing. For starters, HarperStudios offer an equal split of royalties with its authors - 50/50 and on cover price NOT net profit. HarperStudios also offers a committed marketing budget to its authors, so there is a better than average chance of that 50% royalty actually translating into a worthwhile sum of money.
Most of all though, HarperStudios is committed to getting books into stores - something that All That Matters is quite open about not doing.
All Things That Matter Press:
The term “net profit” refers to the money paid on each sale after the printer takes their cut, because that’s the net profit . “Gross profit” would refer to the amount before the printing costs were taken out. We share the net profit, not the gross profit.
Commercial publishers pay royalties on the cover price, not net profit.
The whole problem with net profit is that there is no definition as to what those printing costs are. In practice, the definition could wipe out the amount of the profit. In any event, printing costs should be factored into the cover price.
All Things That Matter Press:
It is very difficult, as was been pointed out, for a poet to get his/her work published. While the market for poetry and short stories is limited, as, again, was pointed out, we don’t feel that that’s a reason not to publish quality poetry and short story collections.
Just don't expect to make any money out of it.
If you're a poet or a short story writer, you are better off going for journals and magazines that pay you for your work up front. At least that way, you can build up a legitimate name for yourself within the market.
Things That Matter Press:
We have extended the term of our contract to a five year period because the thought in the post was correct; it is difficult to build up sales in a short period of time. Good point, and thanks for it.
Without a proper marketing and distribution strategy in place, 1 year or 5 years - it makes little difference because the sales won't be there.
Things That Matter Press:
We’re not limiting our contract to “territories.” Sorry, c’est la vie. The contract is the contract is the contract.
Why? What difference does it make to Things That Matter Press? Any commercial publisher that takes whole world rights to a work, pays for that right.
This is merely a rights grab from a publisher that has no ability to sell in foreign territories.
Things That Matter Press:
We do copyright all of the books we publish, although the author has the option of doing so, as well, through the U.S. Copyright Office.
Why does an author need an option to copyright if you're already doing so?
Things That Matter Press:
Find me a publisher that doesn’t reserve the right to put a book on sale, please. That’s adjusting the price. And, no, our books are not priced higher than comparable sized books in the market. Go to Amazon.com and check it out.
It goes back to your use of net profits to determine the royalties payable. If you decrease the price, then your costs eat up a bigger proportion, leaving the author with a smaller slice of an already small wedge.
Things That Matter Press: (BOLDING MINE)
Of course books purchased at the author’s discount rate are ineligible for royalty. Please see Section VII (F) of the contract, where it clearly spells that out. See, this is our issue with this web site -- quite a few of the people posting don’t have a clue what they’re talking about!
Right back at you, babe.
Because ATTMP either doesn't understand or is being deliberately dense, the reason why this clause is important is because in practice, if there is no distribution in place to get books into stores (which is where most sales still take place), then authors typically find themselves having to buy their own books from the publisher to sell on to third parties. In that situation, under the ATTMP contract, the author would not earn royalties on those self-purchased books. Accordingly, any author seeking to make money will have to sell those books on at an increase to the cover price. In practice, that will make the books uncompetitive with others on the market, which could see the author lose money.
MM