Cacoethes Publishing House, LLC

OK, here's a 'hypothetial' question for you.

Say you have a publisher for your book. They are going to release it in a couple of weeks in ebook format. Supposedly about a month after that they are going to release it in print version. They work in a sort of POD format, they don't do an actual printing, but will POD your book starting 1 1/2 months from now.

Say you heard a rumor that the company was going downhill fast and might not last much longer Obviously you have a contract with said publisher. Are you screwed? Or is there a way out of this?

I realize your answer will probably be either "Yes, you're screwed" or "I need more details", but without details I was just curious if anyone had any ideas, or had been in a similar situation.

Going on the information given, I'd hope for the best and write another, better book. (There is no publishing misfortune that can't be mitigated by writing another, better book.)

This may sound trite, but it's true. As for the work that you may have lost, do what you can to get your rights back if the publisher is in fact on the brink of failing, but there's every reason to just keep on writing rather than pegging your emotional well-being to the fate of this book.

What does your contract say about your rights being returned to you if the publisher goes under?

This is an all importan question. You need your rights returned if this publisher takes a fall. I had it happen to me.

Tri

triceretops said:

What does your contract say about your rights being returned to you if the publisher goes under?

This is an all importan question. You need your rights returned if this publisher takes a fall. I had it happen to me.

Tri

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Actually, given current US Bankruptcy laws, this is a supremely unimportant question. The contract can say whatever it likes, but the bankruptcy court will see your rights as assets and will seize them. It can do this with any asset the publisher has dumped in the last six months before they file for bankruptcy.

By all means do what you can to get your rights back, but I wouldn't rush to submit that work anywhere else until you know what's happening with the publisher,

Your best hope is that the company simply closes down and takes the trouble to do it cleanly, returning rights. (It does occasionally happen -- I had one micropress do this with an anthology I was in when the publisher realised that she no longer had the resources she needed to do the job properly, and I know of others.) But it's much more likely to be messy, with either a bankruptcy or a disappearing act.

Don't give up hope of getting that book back, because you've got a reasonable chance of doing so eventually. But plan on the basis that you're not going to have unencumbered rights for a while. As ekjet says, start writing another book, if you haven't already done so.

"Start writing the next book" is generally a good answer, and is what you do anyway the day you finish the final revision pass on the last book and send it on its way to a publisher. However, if you signed a contract with a nasty option clause giving them the right to your next book, you may need to tread carefully when you finish it and want to start submitting it.

In the scenario where the bankruptcy court does seize rights as assets, what happens to them, say, 2-3 years down the road? Does the court sell them off? If so, to whom? Does the buyer then tie up one's rights for a certain further time period? Or do they simply vanish into the ether?

No personal axe to grind, just wondering.

This sounds like Light Sword...

This sounds like the author is talking about Light Sword Publishing. My best advice would be to quickly consult an attorney with a bit of experience in IP (intellectual property) contracts.

You need to move quickly to protect yourself if it can still be done.

LIght Sword seems, from what I've heard, to be hanging by a thread, and Linda Daly is dunking herself in that river in Egypt. You don't owe her loyalty...you owe yourself and your book the best protection you can get.

Hie thee to an attorney.

-Ann C. Crispin
Chair, Writer Beware
www.writerbeware.com

Thanks all, for your replies.

There is a clause in my contract that states I receive rights after bankruptcy.

It's not Light Sword publishing. I would like to warn the other authors, but I don't have enough credible info and I've found that no good deed goes unpunished.

It is tough to imagine scrapping the book, it means a lot to me. But we shall hope for the best! Everything happens for a reason.

Thanks again! I have a friend who is an attorney and hopefully he will get me started on the right foot.

Do, however, make sure the attorney is very familiar with IP law, or that s/he refers you to a lawyer who is. Intellectual property, I'm told, can be a veritable swamp.

Have you searched for the publisher's name on AW? You might find there are warnings out already.

C2CKim, I would love to warn the other authors but I have a non-disparagement clause in my contract and I'm nervous to say anything to anyone when I don't really have concrete info. Plus, my source is someone I really respect and I don't want to get them in trouble.

So I'm really in an awkward position and I'm a bit wracked with guilt to be honest! I'm the type who likes to be Paul Revere about things but over the years I've gotten into more trouble than it was worth.

I'm hoping maybe my attorney friend will be able to help me with this issue too - but you know how they are - he'll probably advise me to keep quiet.

Also, if I wanted to warn the others, I wouldn't want to put it in writing - and I don't have their phone numbers or anything.

Carmy said:

Have you searched for the publisher's name on AW? You might find there are warnings out already.

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I did, when I initially submitted 6 months ago and there was no negative stuff at that time.

Have you considered speaking confidentially with Ann or Victoria from WB? They may have more information about your publisher or at least be able to help you more than we can based on the scant amount of information you have provided in this thread.

brianm said:

Have you considered speaking confidentially with Ann or Victoria from WB? They may have more information about your publisher or at least be able to help you more than we can based on the scant amount of information you have provided in this thread.

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That's a good idea actually...I usually feel too guilty to ask others for help though, although I am feeling a little desperate. Again, I'm keeping my fingers crossed my friend will be able to at least show me a course of action.

Definitely check with your attorney. Have him/her check to see whether the contract has a buy-out clause. With a lot of epublishers, there's a section of the contract that allows the author to buy the book back BEFORE release of the book by paying the company's out of pocket expenses. If you're worried enough to fear for the book's reputation and sales, it might be a small price to pay.

It was for me. I had to pay about $300 to an epub for our first book to get out of the deal, but shortly thereafter got an agent and a print deal with a five figure advance! Definitely worth it, IMO.

Good luck and please---if you can, mention it to Ann and Victoria by PM. They're really good at keeping things confidential, but have a way of letting others know the truth about publishers when the time is right.

I am boggled at the idea of a non-disparagement clause.

veinglory said:

I am boggled at the idea of a non-disparagment clause.

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That sounds like PA, doesn't it? And Bob Fletcher?

veinglory said:

I am boggled at the idea of a non-disparagment clause.

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I had one short story contract that included a non-disparagement clause. And yeah, my first reaction was, "You've got to be kidding."

(Alas, they were not. They refused to budge on that one.)

I do wonder if truth can be disparaging--I suppose it can.

Cant, please contact Writer Beware at [email protected]. It's possible we might have gotten complaints about the publisher. If not, I'd still like to know which one it is. All information shared with Writer Beware is held in confidence.

- Victoria

Victoria,

I've sent an email to ya this afternoon.

Thank you for your interest. And thanks again everyone for your advice.