Older PA contracts

You might want to check the specific wording on your contract (that's the official legal document, unless they've sent you an addendum to approve). I had one of the older ones, and it was of the lifetime variety.

Fortunately, I was able to convince them to cancel my contract. You might try that avenue (hopefully it doesn't take you as long as it did me). Just send them a very businesslike letter explaining why they should do so...leave out any type of emotional response, or pseudo-threats.

Read paragraph 31 of your contract, as well as paragraph 28. Send a letter to PA by registered mail, stating any and all complaints in all areas of concern to you. Admittedly, I tried the nice way, and got a few nasty emails back in return. I then took a more direct approach which wasn't nice but as straight forward as I could make it without being rude. In order to get anywhere with PA, I had to be persistent and more overbearing than they were. I had some questions about royalties on copies I knew had sold. I even have the receipts to prove it, just not the money to get involved in an arbitration case. At this point, I'm just glad to have the rights back, and the contract cancelled. PA can and will ignore emails if you choose that route. They are good at blocking people. The registered letter is something they can't claim to never have gotten, since it has that lovely little green return postcard on it that has to be signed and returned to you.

Some advice -

The three p's

Patient

Persistent

Professional.

Tell them you will not promote your book, nor will you buy any copies of it. Prepare for nasty tone letters demanding apologies. Patience. Persistence. Professional.

There are a lot of people here who have successfully had their rights returned.

AFAIK, until you get the release or the contract expires, you can't let another publisher publish it. But, just remember, I'm not a lawyer.

Sorry - just like to cover all bases.

Just out of curiosity, you said the publisher came to you - any chance for a little info? I'm nosy...

Okay.

If your new publisher is legit, they should have an attorney on their side who can check the contract for you.

Just received a new PA contract. It still has the garbage about plates and such, but there are some new wrinkles in it.

The contract now states that conflict will be resolved in a Maryland state court.

Also, it attempts to leave copyright registration up to PA instead of insisting that the author file the registration.

I thought PA had stopped wanting electronic rights, but I noticed those are taken by PA in this new contract.

Likewise, the contract automatically renews unless one of the parties announces at least three months prior that renewal is not desired. I don't have one of the older contracts on hand to compare with so that may not be different.

Also, PA is taking print rights for the whole world in all languages. You have to read through the contract to find they're not just taking English print rights.

Also, if any subsidiary rights are sold by the author, the author is required to inform PA. My guess is PA intends to force the subsidiary rights' buyers to send payment to PA to then be disbursed to the author so PA can collect a share. Yes, handling of funds is also mentioned in the contract.

All in all, this is still a bad contract slanted heavily in PA's favor.

DaveKuzminski said:

I thought PA had stopped wanting electronic rights, but I noticed those are taken by PA in this new contract.

Likewise, the contract automatically renews... Also, PA is taking print rights for the whole world in all languages... My guess is PA intends to force the subsidiary rights' buyers to send payment to PA

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At least the loyalists will still be able to say in defense, "PA did everything the contract said it would do." The contract said PA would take their rights, and PA did. Can't argue with that, can you?

DaveKuzminski said:

The contract now states that conflict will be resolved in a Maryland state court.

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This is probably in response to law suits popping up outside of Md. Dave might have caused this. Can we call it the Dave clause?

DaveKuzminski said:

Likewise, the contract automatically renews unless one of the parties announces at least three months prior that renewal is not desired. I don't have one of the older contracts on hand to compare with so that may not be different.

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Mine from late 2001 had the 3 month automatic renewal. It also had a clause to have first right of refusal on the next book. The second contract had it, too, but they removed it before I signed.

Two days ago I sent 'PA support' an email requesting that my contract with them be severed. Yesterday I received a response stating that they do not favor this, however, if I was to pay them $300... Of course I had to respond. Guess I blew my chance at telling them I wasn't within my mental capacities, when I tried to reason why they should be happy to release my non-selling titles. (A friend got out of her contract that way.) I received another email today- (Fast response) telling me how happy they were that I decided to keep the contract in tact. Huh?

It just occurred to me that PA may be switching to using a state court because the arbitration service they use permitted arbitration over the phone which made it more accessible to all of their authors. That leads me to wonder just how many PA authors were or are seeking arbitration?

However, there's one thing PA seems to have forgotten. Changing PA's current contract doesn't wipe arbitration off the previous contracts. Like it or not, PA will still have to go through arbitration unless they figure it out that it's a lot less expense and hassle to terminate the contracts of those authors when asked, especially when the authors do so on the basis of insufficient sales so that there's no reason for PA to demand money. After all, those contracts don't specify any termination fees so PA isn't entitled to one if they fail to make sufficient sales of their authors' books.

Let's face it. PA had the opportunity to evaluate (read) those manuscripts before publishing those as books. PA should have determined then whether PA could make enough sales to justify publication. If the books weren't good enough, then why did PA accept them? PA cannot place the blame on poor sales on anyone other than itself because marketing and promotion were at PA's discretion and sales were not required of the authors. It's not the fault of the authors that their books weren't picked up for stocking by retailers. Placement of PA books rests with PA and its sales team.

Since it's clear that the responsibility for sales lies squarely with PA, for PA to demand a termination fee when such isn't permitted can only result in an award to any author who seeks release to have his contract terminated by arbitration and a ruling by the arbiter that PA should be responsible for the entire cost of arbitration. That could become very expensive quite quickly for PA unless they smarten up and start letting out those authors who are dissatisfied with PA.

So, PA authors, if you're not satisfied with PA's management of your book, arbitration may still be the way to get your contract terminated and the rights to your book returned. You've got nothing to lose by calling the arbitration service and asking.

Bibbo said:

Stuffed -- I got the same e-mail about the $300. However, that e-mail also specifically stated that the contracts expire in seven years, even though the original contract (as i mentioned) did not specify that. I'm wondering if I've found my way out -- if I just wait until the end of the seven years, which is soon, can I get out without paying their ludicrous "damage fee"?

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Bibbo - I have to confess, if I had a legitimate publisher interested in my PA book and you have one of the stinky old contracts, $300 to make it go away might end up being cheap at twice the price. Don't count it out.

I am an attorney. Very often I advise my clients that, 'Yes, this is unfair. However, we can take it to trial and a year from now you may or may not be vindicated. Or you can pay the fine now and move on. Your choice.'

DaveK,

AW currently has a sticky regarding PA's contract and why it's a lousy contract. May I suggest that thread be updated to include the new clauses and changes?

I do believe I have one of those 'older' contracts (2004). Haven't seen it in a while, but I do remember it stated 7 years. Poor sales- I've made -0- royalties in a year for 2 titles. I told them that I don't purchase 'on hand' copies as they were an editing mess- so basically, they could expect to gain nothing from keeping my books. Tell me who I'm supposed to call-

Bibbo said:

I'm moving ahead with the $300 payment. I've got too much going on to sit on my hands or wait to try to fight things out. Thanks to everyone who's offered advice, it really has helped me.

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Please do keep this in mind. Your $300 will be wasted if PA doesn't follow through with the termination and continues to sell your book. Then you'll have to take them to arbitration. So, whatever you do, keep both printed and electronic copies of all correspondence you have with PA.

DaveKuzminski said:

Please do keep this in mind. Your $300 will be wasted if PA doesn't follow through with the termination and continues to sell your book. Then you'll have to take them to arbitration. So, whatever you do, keep both printed and electronic copies of all correspondence you have with PA.

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First, he needs to send a cover letter with the $300.00 check advising PA they may only cash the check if his contract is canceled/terminated in full.

If PA accepts the $300.00 and cashes his check, the contract is affectively canceled per PA's written offer to “terminate”. (PA uses that wording in their email.) He doesn't need any further paperwork from PA confirming they have canceled or terminated his contract because he told them they could only cash the check if the contract were canceled/terminated in full.

If the OP determines PA is selling his book after the date PA cashed his check, he is no longer bound to arbitration as that was in affect only so long as the contract was in affect.

He would be free to pursue PA in any manner he wished because he would be taking steps against a company who infringed his copyright.

Note: I am not giving legal advice to the OP. This is only a layman’s opinion and I would urge the OP to seek legal counsel in regards to this matter and any other matter concerning this contract.