The Old Neverending PublishAmerica Thread (Publish America)

Status
Not open for further replies.

KW

HMMM

Found this hidden on PA's site.

Never published before.
The majority of our books that are sold retail are sold in physical brick and mortar bookstores. Tens of thousands of people and hundreds of our authors across the nation have purchased PublishAmerica books from physical brick and mortar bookstores.

Been published through a POD, or publish-on-demand company.
PublishAmerica has a full-time, full-fledged marketing department whose sole mission is the growth of the company. PublishAmerica sends review copies and book release announcements, gratis, to reviewers, sponsors and attends seminars, industry trade shows, works on direct mailing campaigns for each individual book, and sends out 10-15 press releases about our new authors each day. See our Up In Lights section for examples of the national press that many of our authors have enjoyed.

Been published by a vanity press, subsidy publisher, or self published.
PublishAmerica can remove the stigma of paying to be published. With PublishAmerica, you will have the very important distinction of having your next book ACCEPTED BY A TRADITIONAL PUBLISHING COMPANY. You may have invested quite a substantial amount in paying to have your book published. Now PublishAmerica can make your next book available in all bookstores nationwide. And, we do it for free. No fees, ever. Also, our team of professional editors and designers will proofread your manuscript and make corrections at no charge.

Been published by another traditional publisher.
Some of our authors who have previously been published by a traditional publisher still encounter the same difficulties when submitting their second or third books, especially if sales of their first books did not meet the publisher's expectations. We are proud to say that we will take a fresh look at your next book, regardless of your prior failures, or successes.

Why Publish with PublishAmerica?
Absolutely NO Publishing Fee Required, online or by mail.
Complimentary books are given to the author, free of charge.
Initial response after the first inquiry is approximately two to three weeks.
There is only one standard package for first time authors.
Almost all types of manuscripts are readily accepted, in either Windows PC, a Macintosh, a Unix computer, or any type of computer or word processor, in any of most major formats, including Microsoft Word, Corel WordPerfect, ASCII, PDF, HTML, DOS text, Rich text, or plain text !
No downloading, no programs to run, no rules at all!
The author retains the copyright of the book.
Professional cover design is absolutely FREE and author's suggestions or designs are willingly accepted.
No literary agents are required.
All books are available through most major bookstores, online, and through phone order.
PublishAmerica, Inc. works with the author on a Direct-Mail campaign for every book.
With the author's consent, the company will donate an allotted number of copies to a library for the blind or various literary programs.

"PublishAmerica has a full-time, full-fledged marketing department whose sole mission is the growth of the company."

If they have a marketing department then why are the authors books not marketed?

"Now PublishAmerica can make your next book available in all bookstores nationwide."

Guess they don't read their own message board. It's a growing problem trying to get our books into stores.

'With the author's consent, the company will donate an allotted number of copies to a library for the blind or various literary programs."

new to me since they say they only give out to books for reviews.

Kevin
 

LaVerneRoss

Re: From another forum

Dave, could sure use your advice and others on this. Other ways of dealing with this maybe. To sign or not to sign....
 

LaVerneRoss

Re: At last, a defense

I did email them and ask them about my royalty check, they didn't answer me at all. I don't know if they have been mailed out yet. when they do someone tell me. I think they might let a lot of authors go now, to save them money they don't have.
They got my name and book title right. Mine came in from their Frederick office. If I had a scanner I would send the whole thing into you guys. Since they signed it, isn't it legal or do I need to still send it in? I haven't done anything with it yet. I am going to mark out the part where they want me to shut up, as suggested.
How could I prove to a publisher that I have my rights back without showing them the paper? Yet PA said that I couldn't.
 

lindylou45

Re: At last, a defense

How could I prove to a publisher that I have my rights back without showing them the paper? Yet PA said that I couldn't

Right back to the scam - you get your rights back, but you can't do anything with the book. Why? You have to prove to your new publisher that rights have been reversed, but if you show them the letter, rights revert right back to PA.

Don't sign that thing! Run, don't walk, to your nearest attorney!
 

DaveKuzminski

Reversions

Well, here's some information about PA's reversion letter. Basically, this appears to be a paraphrase. I can't vouch for it being the exact wording, but I'm working on obtaining a copy so I can post that. Anyway, here's what we have so far:

It says the agreement may not be modified unless agreed to by both parties. Transfer of rights.....states..........all rights to publish, sell or export or cause to be published, sold or exported the work including by not limited to print or book publications, motion picture, film, video, television and /or other electronic or computer video medium are deemed released and revert back to author.

Each party acknowledges and agrees, promises and covenants, and warrants that from this time forward they will not at any time exhibit, reveal or show this agreement,(including drafts) or its contents to a third party or publisher. Authors agrees that he, his agents and attorneys, employees or family members will only represent that the relationship between author and publisher was "disolved amicably" and will not disparage publisher in any manner whatsoever. That the relationship between publisher and author was "disolved amicably" and will disparage author in any manner whatsoever, or host and maintain any internet web sites whoe contest disparages author in any manner whatsoever. If suit is filed to enforce any part of this confidentialy and non-disparagement provision or otherwise seek redress for breach of this provision, the prevailing party or parties shall be entitled to recover all his/their attorneys fees relating to the dispute.
******************************
Okay, this is pretty rough in form, but I think there's enough to formulate some opinions.
 

LaVerneRoss

Re: Reversions

Dave glad you got a copy, guess everyone got the same letter. That is pretty much what mine says. If they signed it already, and I didn't is it legally binding on them? If I don't sign I dont get my book back, and if I do, I still don't have it back. If I cross out clause #5 and state I don't agree to abide by it, and consider it null and void does that count? Legal cost are a problem for me. So there must be more than one way to skin a rat? Didn't someone send them a letter stating the contact was void, and didn't sign the settlement paper?
 

DaveKuzminski

Re: Infringement?

LaVerne, I'm not a lawyer, so any advice I give is strictly my own opinion and is not qualified legal advice. I think you should visit Volunteer Lawyers for the Arts and see if they can help. They may very well give you a dependable answer for free since they're volunteers.

You might have to send them a true copy of the reversion letter by copying and mailing it or by scanning it in to email to them.

My own opinion is that the reversal is as poorly written as the contract that PA offers. I don't believe all of its provisions could stand up in court if PA tried to force the issue of whether you could show it to a publisher in order to prove that you have all your rights returned.

By the way, if the other writer can't provide me with a copy, can you mail me a copy for my records? If so, email me and I'll give you a mailing address.
 

LaVerneRoss

Re: Infringement?

Thanks Dave for the advise, I did email the details to them and ask them if they could at least advise me on what I can do. Without signing the gag order.
LEt me know if that other person doesn't send you a full copy of the release agreement...
 

lindylou45

Re: Reversions

motion picture, film, video, television and /or other electronic or computer video medium are deemed released and revert back to author.

Excuse me, they're not supposed to have these rights in the first place, so how can they reverse them back to us when we already own them???:shrug :bang
 

DaveKuzminski

Re: Reversions

Basically, those are the rights that are grabbed that made their contracts poor in the first place and why P&E and others have recommended against PA to begin with.
 

FM St George

some sweet threats...

while I don't support in any shape or form this silly practice of dumping bad reviews on Amazon, anyone find the threats below humorous?

www.publishamerica.com/cg...e/5278.htm

tismeself
8/06/2004
03:43:01
Subject: Negative review of my book


Message:
I went to Amazon.comuk In England and found this review of my book. "Well," you be the judge!

Reviewer: jack_dutchman from Dublin, Ireland
Sorry, but I read this book and wondered if the writer really had ever been to Dublin. It looks like it was made up by somebody who has read a few books about Dublin in the 1950s and thought they would like a go. And the 'Flats' in question were not built until after the author says he left Ireland .
...............................................
P.S The flats were built in 1930. I left in 1959. I still got me birth certificate. My uncle Willies son still lives in 1P (where I grew up. I made a rebuttal to this "socalled reviewer" and told him to go to "Hall of Records. I would not have responded to this person but he was making a subtle suggestion that I was a liar, on the internet. This guy is a typical example of someone who exercises "Contempt prior to investigation."


gold

8/06/2004
07:15:58


RE: Negative review of my book


Message:
It sounds like it may be the same guy that got Marti, see her message on this board.

Kevin James
Surviving the Single Dad Syndrome
www.kevin-james.com

hg

8/06/2004
07:51:44


RE: Negative review of my book


Message:
Sad to say, but it happens here within these threads too, and by people one would think intelligent enough to know better. However there will always be those who can not seem to exist without attempting to discredit or belittle others ... I suppose it makes them feel more important somehow. Isn't it ironic how "lies" tend to be believed by many while "truths" are considered suspicious?!

If there's one thing in life which I detest, it is any act of falsehood, whether directly stated or by innuendo ... but until those perpetrators are placed on the list of "hunting seasons", we will have to contend with them.

Be assured there are also those of us who don't readily fall for such accusatory tactics, instead having more suspicions of the accusers' intentions than in the weak substances of their attacks ... some of us actually think outside of the "mob mentality"!

Some will never "see truth" even if "struck between the eyes" with it ... this is life. In the end however, truth and honesty will rise above all and I trust you'll be vindicated along with others who've been falsely accused of various "crimes" by the "elite".

Correct those you can, "flush" those unwilling to accept truth over lie and live by your own standards ... the "others" will answer for themselves ... justice is not an "empty concept"!

You have a great book!
'hg'

www.hometown.aol.com/poetofshaddows
[email protected]




daknut

8/06/2004
08:27:04


RE: Negative review of my book


Message:
btw, which book is it? What's the title?

Lee

Robbie

8/06/2004
08:31:51


RE: Negative review of my book


Message:
That is the pits. Your book is a good one and I know cause I have it. I loved the whole thing.

Don't pay any attention to morans like that. Marti got hit too and I'm sure this idiot has nothing better to do than sit around and slam someone. He probably can't write so that is why.

Odds are it is some punk that made no effort to sell their book and they are jealous of your's and Marto's success. I betothers that are doing well will get slammed too.

Oh well, forget those people exist. Just go on with your next book and being a great writer, Leo.

Hugs Robbie

Trigger

8/06/2004
10:19:49
RE: Reviewers that reject PA authors?


Message:
I hear so much about those who will not review PA authors work. I am waiting for my book " invisible Ink" to be published and will send it to many reviewers. I am a journalist who worked for eight daily newspapers and never turned down a book review properly introduced. Could someone inform me about names of the reviewers who reject PA authors?
Thanks,

carl

Amo

8/06/2004
11:27:53

Journey
RE: Negative review of my book


Message:
I'm not sure what the point to this is? You're in a subjective business, that's why its termed "reviews". Some people will love what you've written, other won't, and still other will challenge you credibility, and others will do anything to discredit you, so what's new?

I've had in total perhaps over 50 reviews from various sources, some appear on my website. I would guess 99.9% are extremely positive the 0.1% a bit so so.

Did I focus on the 0.1%? Of course I did, I even foolishly responded to one, then I realized that it's there dime, as long has it's constructive and not mean spirited or personal then its fair game…this is the process. Does it really change what you've written?

I've learned NEVER to respond to hot air, again what's the point? Amo



tismeself

8/06/2004
11:36:49


RE: Negative review of my book


Message:
Actually, I'm not mad at HIM, I cannot believe that Amazon would allow
reviews that are outside of the post and not in their guidelines. He is calling me a liar and that is slander. All authors get negative reviews but that was not a review.


Amo

8/06/2004
12:05:11

Journey
RE: Negative review of my book


Message:
Enjoy the fact that you've become a PUBLIC FIGURE, and he's not. That in itself is a unique accomplishment, celebrate that! There's always someone waiting to take you down, they only succeed if you allow them to. Amo.



tismeself

8/06/2004
15:04:27


RE: Negative review of my book


Message:
Thank you Amo, that was good to hear. Sometimes we need to hear common sense and that is why this is my favorite board. Me mind is clearin up now.

tismeself

8/06/2004
15:07:06


RE: Negative review of my book


Message:
To/ Lee,
My book is The Flats ISBN # 1413721591
Leo Byrne

daknut

8/06/2004
15:16:46


RE: Negative review of my book


Message:
Thanks, Leo - I wanted to read the review myself to see if he'd written anything else.

The one thing I'd say would be that, if someone had written that of my book, my objection would be that to award it only one star for one negative point is unrealistic.

I do believe that he should say why he thinks that his one point is worth a loss of 80%. It's like saying there's one historical inaccuracy in mine (and there are a couple that I know about but included them deliberately) and, therefore, it makes the writing quality pitiful.

I'm with you - I think he should've provided more comments for a one star rating.

Lee

tismeself

8/07/2004
04:10:48


RE: Negative review of my book


Message:
Anyway it is all taken care of. Deborah MacGillivray (pen name LadyA) one of the top 100 reviewers in Europe and the US (#82) went after Amazon.com.uk and she recieved this response....

This just came in!


Dear Customer

Thank you very much for bringing this review to our attention.

Please rest assured that these comments have been removed from our
database and will shortly disappear from the website.

We do exert some editorial control over our customer reviews and
strive to block these kinds of reviews. Amazon.co.uk does not
tolerate profane or spurious customer reviews. Our intention is to
make the customer review forum a place for constructive commentary
and feedback, so reviews that fall outside these guidelines are
removed from the website.

We apologise for this situation and thank you for taking the time to
let us know. Feedback from conscientious customers such as yourself
helps us maintain the quality and integrity of our website.

Thank you for your interest in Amazon.co.uk.


Warmest regards

Paul Dickinson
Customer Service
Amazon.co.uk



darleneg

8/07/2004
15:17:32


RE: Negative review of my book


Message:
Stay strong because he hit me too and said that my book wasn't a christian book and shouldn't be read by kids and adults alike, and who would ever write about the distruction of the pearly gates.
At first I was so hurt because I never even mentioned in my book that the pearly gates were destroyed, but before I could even respond some reader who happens to like my book got to him first, and she let him have it with both barrels full.
I had a great laugh at the way she put him in his place. That if he had read my book like he said he had, he would have known that the pearly gates was never destroyed.
This person is really sick, and if you read on my WARNING info, he now has made some new friends with my husbands friends, who really wants to meet him personally.
My husband has been a federal investigator, Sherrif, and not only owns a reccord label, but has many friends in leather on harleys with badges that would love to get to know this guy.
It pays to have some awesome friends, so if anyone here knows who this guy is, and where we can get his web site, just send it to me, and then we'll all have some fun with the law on our side.
Slander is definately an offence and is not taken lightly by the law.

All the best
Darlene Grimmett
ANGELS IN THE MIST
publishedauthors.net/darlenegrimmett


tismeself

8/07/2004
17:00:17


RE: Negative review of my book


Message:
Thank you Darlene for helping me pull tis guy's cover. I belong to 12 Irish Forums from around the globe and I had this topic on them. I copied your posting to all of them (thousands of readers) and also posted your "Angels In The Mist"
So I have given your book exposure with a recommendation for purchasing it.
Leo Byrne
The Flats

darleneg

8/07/2004
18:52:11


RE: Negative review of my book


Message:
Thank you so much Leo and I have through my husbands record label a multi million people submission line. Where I too can post your book to millions all around the world.
Working together as a team can really kick this guy where it hurts, his mouth! and his typing can be stopped for good as soon as my husband and his buddies find him.
We're one of the major reccord labels right now singing,but when we are done then my husband's getting online to flush this man out of hiding.
He will be caught and he will be delt with quickly.
So if he knows what is good for him he should run with some really good nikes on, as he has made the wrong husband mad. My husband is livid and has always as a sherif been the first one in a battle, and the last one always standing. He is not afraid of any loud mouth who needs to learn that the law will not stand for this kind of slander, and that there is a really nice set of bars that he can decorate when my husband gets ahold of him.
Then when he is put in custody for all of this slander, he'll be in my husbands terf with the law right behind him.
No one should ever slander anyone and continuously get away with it. This man better start looking for his bail money quick, because this will be stopped.
And I'll put you on my search engine to send out your info too.

All the best
Darlene Grimmett
ANGELS IN THE MIST
publishedauthors.net/darlenegrimmett
 

DaveKuzminski

Re: some sweet threats...

Well, I think one author needs to look up the meaning of libel and slander. Since the comments were apparently written, the author's response was wrong in calling it slander.

Otherwise, I noticed at URL amazingforums.com/forum2/DUSTYS/22.html known as Case Watcher's Message Board, the board administrator is upset that individuals are using one topic to post both sides of the discussion rather than just a bunch of hooray for PA comments.
 

AnneMarble

Re: some sweet threats...

Otherwise, I noticed at URL amazingforums.com/forum2/DUSTYS/22.html known as Case Watcher's Message Board, the board administrator is upset that individuals are using one topic to post both sides of the discussion rather than just a bunch of hooray for PA comments.

I keep expecting them to say "PublishAmerica is the kindest, bravest, warmest, most wonderful publishing company I've ever known in my life." :shrug
 

Sher2

Re: some sweet threats...

<while I don't support in any shape or form this silly practice of dumping bad reviews on Amazon, anyone find the threats below humorous?
www.publishamerica.com/cg...e/5278.htm>


It's humorous, but it's also pretty scary. According to what I'm seeing on the PA board, they're getting up a virtual lynch mob. Geez, hasn't it ever occurred to any of them that sometimes a book gets a negative review because it SUCKS? One has only to read some of these folks' barely literate posts to glean a pretty good idea of what their books must look like. It ain't rocket science.
 

HapiSofi

Re: Infringement

Laverne, sorry I've missed so much of this discussion. The AW board has gone massively wonky on me. Anyway, here's my two cents' worth: Don't sign that agreement. PublishAmerica demonstrably isn't negotiating in good faith.

The main thing you do with a reversion letter is give a copy of it to your next publisher when you go to contract. It makes Legal happy. A reversion letter you can't show to anyone might as well not exist.

Me, I'd write back and say "I'm glad we've established that PublishAmerica is willing to revert the book, but the terms you're offering are bizarre. All I want is a bog-standard reversion letter -- you know, like every other publishing house uses."
 

astonwest

Lynch Mobs

"It's humorous, but it's also pretty scary. According to what I'm seeing on the PA board, they're getting up a virtual lynch mob."

This isn't the first time such a thing has happened on the PA board, and I'm certain it won't be the last...

Big Daddy West
:hat
 

Ed Williams 3

My weekly newspaper column and PA...

Hey all,

I happen to write a weekly newspaper column called "Free Wheelin'" that runs in about twenty newspapers and websites. A few weeks ago I ran a column about publishing scams, and mentioned that a certain scam publisher would publish just about anything. I then listed some actual book titles and asked my readers to make their own judgements. Well, the authors of two of those titles contacted me. One was just mad and expressed it, the other asked me if I did book reviews, I replied no, but he still insisted on sending me a copy. I told him that if he waited on PA to send me one that it might be a long wait. I even gave the guy my address, but alas, as of yet, no book.

This whole PA thing just gets more and more amazing, PA Barnum was absolutely right.....
 

FM St George

Re: Infringement?

that board is quite the interesting place... especially when PAvidians are yelling at notable editors as if they were idiots...

HB better not try to sell any of his writing to Van Gelder anytime soon, methinks...

:p
 

AnneMarble

Re: Infringement?

You know what's truly said? That board is associated with a site about upcoming trials, unsolved crimes -- a great idea for a site, the sort of thing I was looking for some time ago. Yet on their board, there seems to be about one current post about a missing person -- but it has gotten lost in the multiple threads about negative reviews on Amazon, defenses of PA, etc. They're not PAvidians, they're PrAvdavians

When read some of their posts (especially in that ridiculous "Truth about Dave" thread), I wonder how long it will take for them to start posting "Did not!" or "Did so!"
 

DaveKuzminski

Poor HB

Sooner or later, one of those loose cannons like HB over at PA is going to cause them major problems. Some of the major publishers might have enough influence to retaliate by persuading a company like Lightning Source not to deal with PA or risk losing the major company's business. Doesn't mean it's right, but it happens all the time in the real world.
 

XThe NavigatorX

Re: Reversions

Wow. How incredible is that? Now there's some guy threatening Dave because his wife got a bad review.

I just went to the Amazon page of the other author who claims Dave wrote a bad review. That review was obviously written by someone who's read the book and knows about the case. How could she possibly blame Dave for that? It's incredible to me. www.amazon.com/exec/obido...ce&s=books .
 

DaveKuzminski

About those threats

I can't help it. I just bring out the best in people.
 
Status
Not open for further replies.