Moving Forward After the PA Faux pas

[martim]

Curious - what do the experts out there suggest for someone who has published the first book in a trilogy with PA (the sequel nearly completed and intended for publication with a ligit publisher, not PA)? There is no contract with PA on the sequel or any future books.

Thanks in advance for your experience and advice on this matter!

[thothguard51]

I think you need to get your rights back for the first book. Why would a publisher want book 2 and 3 when the foundation of the series lies in book 1? Its like picking up LOTR at the Twin Towers. The readers are going to be lost about the world and characters...

I have a bad habit of not buying or reading books in a series of out order. So if I can't get a hold of the first one, even in a used book store, I am not going to purchase the follow ups. I know, I lose out on some good series, but its my thing...

[martim]

Actually, I agree with you on both points. (I never read series out of order either). I can't imagine buying a ms that is attached to a book mired elsewhere...thus, my question.

I've contacted a contract attorney in MD about this.

[amergina]

:welcome:

Is there any way book 2 can become a book 1 of a series? That's another way around the issue...

[thothguard51]

The best route to get your manuscript back from PA is to inform them that you will no longer be buying or promoting your book anymore. Keep it polite and professional and ask to have your rights returned.

Once this happens, you can then shop the trilogy around, but series are hard sells.

[martim]

I have a couple of breach of contract events that I will be reviewing with the attorney. Of course, the outcome is no guarantee. There is consistency in the suggestion to stop transacting with PA (which I have) but that sounds like a hit-miss option from some of the other posts. Have many authors utilized the judicial system to deal with PA? If so, what has been the success there?

[martim]

Regarding turning book 2 into the first of the series - Great idea!...but the series is a historical fiction and would be difficult to start midway through the timeline. It's worth thinking about a little more however. Maybe that's my pitch to the new agent/publisher?

[JulieB]

I have a couple of breach of contract events that I will be reviewing with the attorney. Of course, the outcome is no guarantee. There is consistency in the suggestion to stop transacting with PA (which I have) but that sounds like a hit-miss option from some of the other posts. Have many authors utilized the judicial system to deal with PA? If so, what has been the success there?

Is your attorney an expert in publishing law? You mentioned contract law, but please ask your attorney some pointed questions about his or her experience in publishing law. A publishing contract is not a standard consumer or business contract.

Also check your contract to see what redress you may have. Some PA contracts specify arbitration, and some specify a MD court. You're bound by what's in the contract.

One version of the PA contract is analyzed in this thread (http://absolutewrite.com/forums/showthread.php?t=21345). You might check that contract (and the analysis) against your own contract. It might be of some help to you.

[James D. Macdonald]

Forget the trilogy. It's dead.

Write another, completely different, book.

[martim]

The contract states "court of MD", which is the direction I'm headed. I guess I'll see what happens with time, persistence and good legal advice. Thank you for the suggestion of legal counsel specializing in publishing contracts. I can tell this guy is a pirhana on contract law, but I'll ask him specifically about publications when next we meet. Good point.

As far as forgetting the trilogy, I probably won't. If it never gets published and remains a completed set of manuscripts, I will be extremely disappointed but I would be more disappointed to have quit the process before it was finished. That's not my style (published or not). I understand the point you are making, however....(and, yes I will definitely take your advice and write another, different book).

[Terie]

One of the key points in your contract is going to be the repeated use of the phrase 'at PublishAmerica's discretion'. That makes is nearly impossible for them to breach the contract: almost every point says, in essence, that they don't have to do it.

Bear in mind that any expense you incur will most likely end up being nothing more than money out of your pocket. Your best bet is to just keep asking in a bored tone for your rights back. Anything else jingles their bell, and they'll take joy in denying your request. If you take a dry, boring tone (not on a lawyer's letterhead), you just might get lucky; it's been known to happen.

And, as Uncle Jim said, write another book. It's fine to carry on with your series for personal satisfaction; no writing is ever wasted time, as you learn from everything you write. But if your ultimate goal is to get a real publishing contract from a real publisher, you need to write something else.

[DreamWeaver]

Regarding turning book 2 into the first of the series - Great idea!...but the series is a historical fiction and would be difficult to start midway through the timeline. It's worth thinking about a little more however. Maybe that's my pitch to the new agent/publisher?
I'm pretty sure the best advice is to write something new, but if you just can't let go of this story, remember it's not at all unheard of for an historical series to come out with a prequel. Consider thinking of the PA book as a prequel that you may be able to sell in the future. Then consider revising your current book two to make it a stand-alone start, to maximize your chances of selling it. It doesn't have to start at the very beginning, and it doesn't have to tie up all the loose ends. It just has to intrigue the reader, pull them into the story, and have a satisfying "temporary" ending.

[allenparker]

The best route to get your manuscript back from PA is to inform them that you will no longer be buying or promoting your book anymore. Keep it polite and professional and ask to have your rights returned.

Once this happens, you can then shop the trilogy around, but series are hard sells.


something I am an expert on.

Rewrite the second book to stand alone. Retitle it to some name not associated with the first book.

Make the third book the second book.

Write a third book that completes the series.


The first hurdle you will have to jump with any publisher is to have a viable book. The new first book must be marketable, polished to a brilliant shine, and so engrossing that agents and publishers will drool over it.

The second hurdle is the ugly elephant sitting in the corner. They are going to google you and there will be the PA book. When they ask, confess, admit it was a mistake, and move on.

A good book trumps all.

My trilogy was about a character set that I created to run for many books. I had a repeat clause with PA and lost two books. I wrote the third with abandoning the first two in mind.

I later got my rights back and my publisher agreed to release them as an anthology.

It is possible to save the trilogy, but it far more work than just letting it go and write a new, better book that will WOW the publishing world.

If I had to do it over again, I would have just taken my loss on the first book, sent PA a crapfest James Frey type biography, and moved on to better things.

[Unimportant]

I have a couple of breach of contract events that I will be reviewing with the attorney. Of course, the outcome is no guarantee. There is consistency in the suggestion to stop transacting with PA (which I have) but that sounds like a hit-miss option from some of the other posts. Have many authors utilized the judicial system to deal with PA? If so, what has been the success there?
Be aware that if there is a breach of contract (say, PA didn't pay royalties on time) and it goes to court and you win, the judge may instruct PA to pay up plus damages -- but that does not necessarily equate to ending the contract and reverting the book's rights to you.

From what I've seen, your best option is probably to politely, firmly, unemotionally, and repeatedly email PA and tell them you will not purchase any of your own books, at all, ever, and so it is in their best interests to revert the book's rights to you so that they don't have the paperwork/bookkeeping costs to bear. Lather, rinse, repeat every week. Meanwhile, rewrite, revise, and polish the heck out of your other books to make them readable without the PA book, and submit them to agents/publishers.

[James D. Macdonald]

Why the trilogy is dead:

1) Rights to the first book are held by another publisher. No publisher will touch books 2 and 3 while this is true.

2) Even if you do get the rights back to the first book, it'll be a reprint, with a sales history in the Unmitigated Disaster range.

Best is to move on. Later, when you're selling and have fans, after the first book has reverted to you (seven years down the road), you can consider re-writing it. Discuss that option with your editor and your agent when the time comes.

[KingM]

Best is to move on. Later, when you're selling and have fans, after the first book has reverted to you (seven years down the road), you can consider re-writing it. Discuss that option with your editor and your agent when the time comes.

QFT.

I know it's painful, but you just need to move on.

[martim]

Thank you all for your expert advice. I agree with what you are saying. For me, the idea of writing the series several books later is very appealing (something I had considered when I began this venture for many reasons, one being my son's expertise in military history...gonna pick his very experienced, intelligent brain).

You have all given me some great advice and direction to go forward on.

THANK YOU!

Marti
(Let me see...that was "lather, wash, rinse and repeat". Got it! Now to send an email...)

[Yellow Rose]

Hi. I've paid PA for my book rights to be returned, but after a month nothing has shown up at my home and they won't reply to my emails.
Help!! What now?

[Chris P]

Hi Yellow Rose. There are several threads here about purchasing your rights back from PA. If none of those answer your question, post a new thread. I'm worried your question might get overlooked if it is buried in this thread.

I'm simply waiting out my contract with PA, so I can't give you any direct experience. Sorry and good luck!

[Yellow Rose]

Thanks for your advice, I'm newish at navigating through the different sites/threads for PA. I thought of waiting out till the end of my contract, another 3 years, but when they said they would let me buy the right back, I jumped at the chance. Hope I haven't lost my money $149 (or £103 in British pounds.) "That's a lot of bread and milk!!"

[Chris P]

So far, the others here have gotten their paperwork in relatively short order. I'll point a couple of them to your profile and hopefully they can help you out.