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Old 07-26-2007, 12:44 AM   #7026
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true - if you talk to a B&N rep, they're "misinformed" - if you talk to anyone reputable they're "misinformed" or "not competent to make that statement", etc etc etc.

don't fall for their mind games - you want OUT of your contract and you want it NOW.

period.

no negotiations - and do NOT agree to a gag order!
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Old 07-26-2007, 01:01 AM   #7027
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I missed seeing the SSN earlier. I've just uploaded a new file with the SSN blocked out. The DOB is also blacked out now.
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Old 07-26-2007, 01:07 AM   #7028
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Dave, shouldn't the DOB and address be blacked out too? I know most of us are out there anyway, but why make it easier?
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Old 07-26-2007, 01:11 AM   #7029
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Quote:
Originally Posted by Sheryl Nantus View Post
true - if you talk to a B&N rep, they're "misinformed" - if you talk to anyone reputable they're "misinformed" or "not competent to make that statement", etc etc etc.

don't fall for their mind games - you want OUT of your contract and you want it NOW.

period.

no negotiations - and do NOT agree to a gag order!
Sound advice. Agree to disagree with PA and ask for your release without the gag clause.

They can't do anything but drag this out until September when you are required to produce the manuscript, which you have not completed and do not intend to complete for many years.
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Old 07-26-2007, 02:24 AM   #7030
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Some writers have discovered that they get a faster response from PA in the form of a termination when they set up a web site posting their letters and those from PA.

Seems that each web site expounding upon the virtues of PA hurts them even more in the number of new victims they can catch and drops them farther from the top of any searches through the search engines for PublishAmerica.

If you make a web site, be sure to use "PublishAmerica," "Publish America," and "PA" so that the search engines will be sure to catch in in each of those permutations.
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The difference between PA and WLA? None. Both have the stench of dead and dying books emanating from their doorways.

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Old 07-26-2007, 06:53 AM   #7031
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Burgy,
Sandra and Dave are right. Also let them know you will not buy any of your books and you have already contacted your family and friends and they will not buy them either.
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Old 07-26-2007, 07:00 AM   #7032
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Another reason not to accept a gag order is because PA doesn't abide by the one that is mutually placed on them. They only want it to shut you up because they know most writers they deal with play by the rules.

PA doesn't play by the rules.

That's why you hit them hard when and where you can because that's the only thing they respect and fear.

Hi, Willem, Larry, Miranda, Alice, and Vic. Hmmm, sounds like a movie title. How do you all like the documentation about the false police report PA made that we posted? Nifty, right? We figure that ought to cause a number of new writers to pause and look at you with a bit more caution than they might otherwise use. Have a nice day, y'all. You don't have many left before you visit Camp Fed.
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When it comes to PA, the royalty check and the reality check arrive in the same envelope.

Remember to be kind to writers who step in PA. They really don't know how bad it smells.

The difference between PA and WLA? None. Both have the stench of dead and dying books emanating from their doorways.
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Old 07-26-2007, 07:56 AM   #7033
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Proof that PA files false police reports against authors.
Thanks! This needs to be displayed quite prominently.
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Old 07-26-2007, 05:03 PM   #7034
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It's not just your “big” mouth, Burgy. PA wants a guarantee that your friends, family and agents won't talk either! Now, how the hell do they think you can censor other people? If you even go on a web site, such as this, you would be fined a ridiculous amount of money...something like 5000.00 per episode!

I know this, because the first release they sent me had a big ole gag order in it. I informed them it was not acceptable and continued my email barrage.
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Old 07-26-2007, 06:09 PM   #7035
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Quote:
Originally Posted by Saundra Julian View Post
It's not just your “big” mouth, Burgy. PA wants a guarantee that your friends, family and agents won't talk either! Now, how the hell do they think you can censor other people? If you even go on a web site, such as this, you would be fined a ridiculous amount of money...something like 5000.00 per episode!
This is true, but they don't apply the site visitation situation in reverse meaning that any of their writers or sockpuppets can post bad things about you on their web site as well in other places.
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When it comes to PA, the royalty check and the reality check arrive in the same envelope.

Remember to be kind to writers who step in PA. They really don't know how bad it smells.

The difference between PA and WLA? None. Both have the stench of dead and dying books emanating from their doorways.
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Old 07-26-2007, 07:56 PM   #7036
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Originally Posted by burgy61 View Post
If I use these permutations in my web site can I get in trouble for using them? . . .
No.

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Old 07-26-2007, 09:43 PM   #7037
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Burgy--I think most of us who got our release got the "gag order" contract first. If not twice, at least once. I got two. I insisted that I would in no way go for it, and told them I was pursuing arbitration. I received my release contract shortly after I told them I was going to arbitration. One thing for sure, they are finding out that arbitration is not in their best interest and it's best to let the author go.
Don't give up. Keep demanding your rights back.
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Old 07-26-2007, 10:02 PM   #7038
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Yes, they did! I were released in March of '06...
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Old 07-27-2007, 12:25 AM   #7039
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Quote:
Would one of you published authors mind answering this question, how does your publisher calculate royalties? I have read that it is normal for them to use cover price not net price, is this true?
This is absolutely true.

While you can find some smaller publishers who want to use net, my advice is to walk away from their contract if they aren't willing to negotiate. Net vs. List is a deal-breaker for me. Royalties calculated on net is another attempt to boost profits by taking money out of the author's pocket.

(Note: for certain subrights (e.g. bookclub, deep-discount) you'll find net even in legitimate contracts from major players, But that's special circumstances.)
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Old 07-27-2007, 12:46 AM   #7040
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Burgy--I wasn't suggesting arbitration for you. I was relating my experience before my release. Sometimes the info can be good for others who might need it. Sorry I wasn't clear.
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Old 07-27-2007, 04:06 AM   #7041
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Quote:
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Dear Support,

I am glad that you don't believe that a author should have to buy their own books, I don't plan on buying any. The two books you offered me are all I need, one for each of my boys. I am also glad that a list of names is optional, the people that I would have sent you have already read the book. They were the ones who read it and gave me their opinions so I can make it better.
From everything I've gotten from reading the NEPAT and Son of NEPAT, this is the only thing they care about. I think you're probably wasting your time sending them emails, but if you send them anymore, just say very clearly: "I will not buy any of my book. None of my friends and family will buy this book. I will actively tell people not to buy my book. Release me from my contract now."

And just say it over and over again. The A word (Arbitration) doesn't hurt either.
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Old 07-27-2007, 07:08 AM   #7042
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WHat should I do..???
I cant believe what im hearing about PA...did I just crawl out of a rock or what....how come I didnt hear about it before.... im publishing with then right now and im soo bummed.....theres got 2 be a way 2 get out of it....I havent sent them my final manuscript yet.... pleeeaaase tell me there is something I can do...i dont want 2 send them my final mauscript nowing what will happen to my book......need some advice please....
 
Old 07-27-2007, 07:23 AM   #7043
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Don't send it. Email them to state that you're not purchasing any of your books no matter what and that your friends aren't going to purchase any, either. Don't give them a list of your friends, neighbors, and relatives. Establish a web page and post on it your emails to PA and their responses.

If PA doesn't respond with a termination, tell them you intend to take them to arbitration to obtain a release. Then contact the arbiters and begin the arrangements. You can keep PA in the know by giving them a courtesy copy. They might change their minds rather than find themselves not only releasing your book, but paying you as well.
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When it comes to PA, the royalty check and the reality check arrive in the same envelope.

Remember to be kind to writers who step in PA. They really don't know how bad it smells.

The difference between PA and WLA? None. Both have the stench of dead and dying books emanating from their doorways.
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Old 07-27-2007, 07:23 PM   #7044
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burgy61,

You'd be doing it under Fair Use to educate and make other writers aware of what PA is pulling should they try to claim their correspondence to you is copyright protected and can't be posted.

In the meantime, whoever is passing along the information that the dollar PA gives for a contract is necessary to seal the contract, that isn't accurate. That dollar constitutes an advance on sales. Therefore, that dollar isn't from the publisher, it's from a future customer. Publishers pay advances based upon how many sales they expect to make. To entice you to sell your book to them, they offer an advance out of their own pockets at their own risk based on an analysis of the market. If your book doesn't sell enough to earn out the advance, then they've lost money. If it does earn out, then did they actually pay anything to the author? No. Their customers paid the author.
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When it comes to PA, the royalty check and the reality check arrive in the same envelope.

Remember to be kind to writers who step in PA. They really don't know how bad it smells.

The difference between PA and WLA? None. Both have the stench of dead and dying books emanating from their doorways.
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Old 07-27-2007, 08:10 PM   #7045
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In the meantime, whoever is passing along the information that the dollar PA gives for a contract is necessary to seal the contract, that isn't accurate. That dollar constitutes an advance on sales. Therefore, that dollar isn't from the publisher, it's from a future customer. Publishers pay advances based upon how many sales they expect to make. To entice you to sell your book to them, they offer an advance out of their own pockets at their own risk based on an analysis of the market. If your book doesn't sell enough to earn out the advance, then they've lost money. If it does earn out, then did they actually pay anything to the author? No. Their customers paid the author.
That would be me, and unless Jaws or somebody with specific knowledge otherwise can contradict me, it is my understanding that consideration is still required for a contract to be binding. Consideration is anything of value given to the other party in a contract. It could be one American dollar in exchange for a manuscript. It could be a can of Coke for ten acres of beachfront property. The values don't matter--only that something with some value exchanges hands on either side.

Your argument that the customer is providing that dollar is just plain incorrect, Dave. The return address doesn't come from a customer, the dollar didn't come out of a customer's bank account or pocket, and no customer has paid money for it yet.

Compare other examples. If a city contracts a general contractor to build a toll booth, and gives him a $1,000 deposit to buy equipment, who paid the contractor? The city, or the drivers passing through the toll booth? Eventually, the drivers will repay the city, but the money still came from the city. It doesn't matter how the contract signer expects to be repaid for his investment, or even if he expects to be repaid at all. It's completely irrelevant.

Heck, in at least 1,100 cases, no customers bought any books. Does that make those 1,100 contracts invalid? No--the authors still have their dollar.

Here, check out wikipedia's entry on consideration in American law. It breaks it down more clearly.
http://en.wikipedia.org/wiki/Conside...r_American_law
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Old 07-27-2007, 08:13 PM   #7046
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And if you'll permit me to quote myself
Quote:
The values don't matter--only that something with some value exchanges hands on either side.
This is the reasoning for my argument that a person wanting out of the contract before submitting a manuscript should just submit nonsense. The manuscript doesn't have to meet any quality standards to be a legal exchange for the dollar and promises that came with it.

They don't typically read manuscripts. Even if they did, they're not skilled enough to tell the difference between trash and treasure.
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Old 07-27-2007, 11:36 PM   #7047
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I don't know about others, but my dollar was never deducted from any of my so-called royalty checks. In retrospection, I thought that it was probably just another way for them to appear like a "traditional" publisher to the unsuspecting and uninformed author.
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Old 07-27-2007, 11:45 PM   #7048
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Old 07-27-2007, 11:45 PM   #7049
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DaveKuzminski is so great that we've run out of appropriate complimentsDaveKuzminski is so great that we've run out of appropriate complimentsDaveKuzminski is so great that we've run out of appropriate complimentsDaveKuzminski is so great that we've run out of appropriate complimentsDaveKuzminski is so great that we've run out of appropriate complimentsDaveKuzminski is so great that we've run out of appropriate complimentsDaveKuzminski is so great that we've run out of appropriate complimentsDaveKuzminski is so great that we've run out of appropriate complimentsDaveKuzminski is so great that we've run out of appropriate complimentsDaveKuzminski is so great that we've run out of appropriate complimentsDaveKuzminski is so great that we've run out of appropriate compliments
Probably because PA was too cheap to get a real accounting program meant for handling publishing. Then again, that's typically PA.
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Old 07-27-2007, 11:48 PM   #7050
Patricia
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Patricia is so great that we've run out of appropriate complimentsPatricia is so great that we've run out of appropriate complimentsPatricia is so great that we've run out of appropriate complimentsPatricia is so great that we've run out of appropriate complimentsPatricia is so great that we've run out of appropriate complimentsPatricia is so great that we've run out of appropriate complimentsPatricia is so great that we've run out of appropriate complimentsPatricia is so great that we've run out of appropriate compliments
Quote:
Originally Posted by DaveKuzminski View Post
Probably because PA was too cheap to get a real accounting program meant for handling publishing. Then again, that's typically PA.
So true.
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