So what is the next step?

[Scribe4264]

I have e-mailed PA, phoned PA, sent certified mail to PA, filled out every form on PA's website to inform them that I do not wish to extend my contract once it expires on Jan. 3, 2013.
I've also asked about why I have received no royalty checks since 2008 and also informed them that I feel they have breached the contract in separate correspondences.
To date, my calls go unanswered. My e-mail responded to with a simple, we are deleting all further e-mails from you and my letters - certified and non-certified - have been returned stamped "refused".
I sent a letter last week with delivery confirmation, but not certified, and it looks like they will be refusing that one too because it's been out for delivery since Saturday with no delivery completion message.
So if they refuse this letter, and continue to refuse accepting any mail from me, how am I supposed to inform them by US Mail that I do not want to extend the contract three months prior to Jan. 3, 2013?
Anyone have any ideas on what I should do next?

[DaveKuzminski]

Send it to the attention of PA's attorney, Victor E. Critella, Esq. Make sure you document it by registering or certifying the letter. If you will, please send me a copy or an email letting me know what you did and the results if any. Thanks.

[Scribe4264]

Send it to the attention of PA's attorney, Victor E. Critella, Esq. Make sure you document it by registering or certifying the letter. If you will, please send me a copy or an email letting me know what you did and the results if any. Thanks.

I did that as well. The last time I sent anything registered/certified to Cretella's attention it came back refused and I got an e-mail to send anything via mail to Author Support or it would be refused. I have the sealed envelopes with "REFUSED" stamp on them.

I will be so happy when Jan. 3, 2013 rolls around and I no longer have to deal with these "people" anymore.

I will send you an update on this latest attempt though as soon as I find out what happens.

[brianm]

It appears you have done everything within your means to comply with the contract. Just because a person or entity doesn't want to sign for and accept correspondence doesn't mean they haven't been properly served. Imo, you have complied with the contract and served notice that you do not wish to extend the contract.

~brianm~

[DeadlyAccurate]

Can you have an attorney send the letter on your behalf? Not sure if this can be done, or how much it costs, but it seems to me this would help solidify your claim if you decide to take them to court after 01/03/13 if they continue to sell your book.

[Scribe4264]

Just got this in my e-mail:

PublishAmerica Author Support <noreply@publishamerica.com> Tue, Jan 24, 2012 at 12:11 PM To: scribe4264@xxxxxxxxxx.com
Dear Richard Paolinelli:

We are in receipt of your email concerning your contract for Armageddon Shield. As you have indicated that you do not wish to renew the contract, your contract will expire and your book will go out of print on 1/2/2013. This email serves as your written notice of such.

Thank you,

PublishAmerica Support
http://publishamerica.com/support/ (http://publishamerica.com/support/)

So either they read this thread or they finally accepted my letter. But either way I guess this means that I don't have to worry about this issue any longer as they have notified me that the contract will not be renewed.

With all due respect to Dr. King:

Free at last, free at last. Praise God Almighty I am free at last.

[Terie]

:PartySmil

[DaveKuzminski]

Looks like PA is still monitoring this site. ;)

[Scribe4264]

Looks like PA is still monitoring this site. ;)

So it would seem.

At any rate, I have followed up by telling them that I have also mailed a letter by U.S. Mail stating that I do not want the contract renewed so that I fully comply with the contract regarding notice of non-renewal.

And I very nicely pointed out that since 0 copies of the book have sold in the last four years I doubt than any copies will sell in the next 344 days (oh yes, I have a countdown calendar on my desk) so perhaps PA could see their way clear to just go ahead and terminate the contract now.

We'll see.

[Scribe4264]

So, I got a reply to my question about an early contract release. here it is:

Dear Richard Paolinelli:

Thank you for your email. After contract termination, PublishAmerica still owns the rights to the book cover design and the layout design of your text. Any use of any of these items would be a serious and very clear case of infringement. Therefore, you can use the same design only if we transfer the rights to you, or to your new publishing company. If you would like to use the cover or layout design, please let us know so that we may discuss transferring the rights to you. You own the unformatted text only, and you can do as you choose with that alone.

So here's my question: Does that last sentence mean that I can take my original, unformatted text and put it up as an e-book today or do I still have to wait until Jan. 2, 2013?

I replied that I had no intention or desire to use the cover or their format anyway so that was a moot point. But that last sentence seems, to me at any rate, to say that I can take my original text and do what I want with it as long as it is not in a published, paper-book form.

Am I reading this right?

[ResearchGuy]

. . . So here's my question: Does that last sentence mean that I can take my original, unformatted text and put it up as an e-book today or do I still have to wait until Jan. 2, 2013?. . .
I believe that you have to wait until January 2, 2013 for any new publication of the book, in any form. But IMHO, it might be time well used to revisit the text for such edits as might be appropriate, and to create a cover (yes, needed even for an e-book), gather blurbs, and develop promotional plan. You can thus be ready to go immediately upon expiration of the contract.

BTW, you might also want to download and read the formatting guide at www.smashwords.com (http://www.smashwords.com). If you upload a complying Word file, their machine (the "Meatgrinder") can have the e-book up within minutes (per Mark Coker, the founder, at a recent meeting of California Writer's Club, Sacramento Branch). I am seriously considering using their service.

--Ken

[Scribe4264]

I believe that you have to wait until January 2, 2013 for any new publication of the book, in any form. But IMHO, it might be time well used to revisit the text for such edits as might be appropriate, and to create a cover (yes, needed even for an e-book), gather blurbs, and develop promotional plan. You can thus be ready to go immediately upon expiration of the contract.

BTW, you might also want to download and read the formatting guide at www.smashwords.com (http://www.smashwords.com). If you upload a complying Word file, their machine (the "Meatgrinder") can have the e-book up within minutes (per Mark Coker, the founder, at a recent meeting of California Writer's Club, Sacramento Branch). I am seriously considering using their service.

--Ken

Ken,

I have put two short stories up on Smashwords. It is a great service and I will likely put the book in question on Smashwords as soon as I do a re-write, title change and create a new cover. Waiting of course until after jan. 2, 2013 or as soon as PA grants a release. We'll see.

[allenparker]

So, I got a reply to my question about an early contract release. here it is:

Dear Richard Paolinelli:

Thank you for your email. After contract termination, PublishAmerica still owns the rights to the book cover design and the layout design of your text. Any use of any of these items would be a serious and very clear case of infringement. Therefore, you can use the same design only if we transfer the rights to you, or to your new publishing company. If you would like to use the cover or layout design, please let us know so that we may discuss transferring the rights to you. You own the unformatted text only, and you can do as you choose with that alone.




Let me rephrase this a little. They own the cover design, including any blurbs they wrote. They own the book layout. Everything else, text, blurbs you wrote, any reviews or endorsements you found, awards, characters, etc. belong to you.

I had a look at my .pdf of my first book against what I sent them and found about 90% of the errors was introduced into the .pdf after I had submitted my final draft. trust me, you want to start with your files, ones they haven't touched.

[richcapo]

I imagine the next step is to write another book.

[Scribe4264]

I imagine the next step is to write another book.

Took that step a long time ago Brother Richard. I'm just looking to pry the last few PA tentacles off is all.

[Scribe4264]

Still no reply from PA so I sent this follow up note through their authorsupport form:

Your last e-mail to me mentioned the rights to the book cover and text format. I have no desire to obtain these rights once the contract expires on Jan. 2, 2013. My only remaining question to you is this: Since there have been less than 10 copies of the book sold in six years and apparently none in the last four years - since I have received no royalty check since March 2008 - I was hoping that you would go ahead and terminate the contract immediately rather than wait another 11 months. If so, please let me know and you can send the termination letter to me at:

Hopefully the morning will bring an answer.

[richcapo]

Took that step a long time ago Brother Richard. I'm just looking to pry the last few PA tentacles off is all.Wish I could help you, Scribe, but I'm clueless when it comes to that stuff. Do you have friends who are attorneys who'd be willing to review your situation pro bono? That's really the only thing I can recommend, I'm afraid.

[Scribe4264]

Wish I could help you, Scribe, but I'm clueless when it comes to that stuff. Do you have friends who are attorneys who'd be willing to review your situation pro bono? That's really the only thing I can recommend, I'm afraid.

I'll probably have to just wait until January 2, 2013. Still no reply from PA. Looks like its back to the silent treatment. At least I got them to acknowledge the contract non-renewal.

[Scribe4264]

Still no reply from PA regarding my termination request. Sent a third follow-up to them asking to at least do me the courtesy of a reply.

Either yes, no or we are considering your request and will contact you with our decision in a few days will do PA. I just want an answer.

[Arkie]

Still no reply from PA regarding my termination request. Sent a third follow-up to them asking to at least do me the courtesy of a reply.

Either yes, no or we are considering your request and will contact you with our decision in a few days will do PA. I just want an answer.

Scribe:

I haven't followed this thread closely enough to know if you have purchased any of your books, or any of their other services, but if you haven't and you are using this site to publicize your debate with them over contract release, you have probably succeeded in having your contract kept in place until the legal termination date.

While it would benefit them, and you, to release you now, they seem to have the mindset of trying to squeeze out one last dollar from authors not having participated in their money games, and they can get vindictive when their business exchanges are publicly displayed.

[Scribe4264]

Scribe:

I haven't followed this thread closely enough to know if you have purchased any of your books, or any of their other services, but if you haven't and you are using this site to publicize your debate with them over contract release, you have probably succeeded in having your contract kept in place until the legal termination date.

While it would benefit them, and you, to release you now, they seem to have the mindset of trying to squeeze out one last dollar from authors not having participated in their money games, and they can get vindictive when their business exchanges are publicly displayed.

Arkie, I hear you. And I have no problem waiting until Jan. 2013 if I have to. It took me a decade of on again, off again attempts to write the book in the first place, so 11 more months is not a problem.

And I have no problem shining the light on these "people". So if they don't want their dirty laundry aired anymore, they know they have one very simple option that will end my posting it for the world to see.

Grant the release now, and I am done here. Or spend the next 11 months getting e-mails and reading these posts.

Your call Victor.

[Scribe4264]

Letter mailed to Church Street address returned stamped - undeliverable as addressed.

Sending other copies of same letter to all known addresses. One of them has to get through.

[Scribe4264]

Fired nearly 20 letters of various states of delivery confirmation, tracking and certification.

My last two got through as I received confirmation via US Postal Service that letters mailed to the PO Box and Church Street addresses were delivered.

So now PA has no wriggle room. They have been notified by e-mail and regular mail - Jan. 2, 2013 (a mere 334 days from now) and I am done with them.

By the way, here's the PA joke of the day:

Vic Cretella buys the farm and steps up to St. Peter at the Pearly Gates. Without a word, St. Peter presses a red button and Cretella tumbles into a big hole that suddenly opens below his feet. Vic lands in Hell at the feet of the Devil himself.

At the sight of Cretella's appearance, the Devil whips out his hell-fire red Blackberry and hits a button. After a pause, he speaks into the phone:

"Pete, its Lou," he says. "Look man, I know the Big Guy is still pretty PO'd over the whole Garden of Eden, Tree of Life thing. But seriously? Cretella?"

[TTCleveland]

Best of luck to you!

Oh, Publish America... a huge scam cleverly disguised as a smaller scam.

[shaldna]

I'm a bit concerned about them turning away mail - and I've been hearing about that kind of behaviour more and more lately. Surely that's going to land them in trouble sometime?

[Scribe4264]

Well, it looks like the two letters via US Mail that got through got someone's attention at PA. Just got this in my e-mail:

Dear Richard Paolinelli:

Thank you for your email. Your contract non-renewal is noted. We decline to terminate the contract early.

PublishAmerica Support
http://publishamerica.com/support/


Sigh. I suppose it was too much to hope for that they'd go ahead and sever ties 11 months early.

So I'll just have to spend the next 11 months bombarding their support system with queries as to why I have not received a royalty check or some kind of report indicating zero sales of my book since March 2008 until they finally give me an answer.

I'll also start sending them copies of letters from book sellers that are telling me they have bought the book and it is sitting on their shelves - actual books and not "virtual" stock that needs to be printed after the order is received - that I have yet to receive a single penny in royalties for.

Going to be a fun 331 days until PA Freedom Day.

http://images.paraorkut.com/img/pics/glitters/d/devil-8533.gif

[ResearchGuy]

. . . .So I'll just have to spend the next 11 months bombarding their support system . . .
My advice is to forget it. You have more important things to do, IMHO. The more time you waste on those . . . people . . . the more they win by sucking the life out of what could be more productive endeavors on your part.

--Ken

[Scribe4264]

My advice is to forget it. You have more important things to do, IMHO. The more time you waste on those . . . people . . . the more they win by sucking the life out of what could be more productive endeavors on your part.

--Ken

Unfortunately Ken, there's just too much Shakespeare reading in my past to let this go.

http://1.bp.blogspot.com/_dR2248KTLUs/S73861WWcFI/AAAAAAAAAwI/DnSR7EbVJs4/s1600/Shakespeare+smiley.PNG

CRY HAVOC!!! AND LET SLIP THE DOGS OF WAR!!!!!!

lol

[JulieB]

Why don't you put your efforts in to something more fruitful? How about getting that manuscript rewritten and edited? Find a publisher (you have solid proof the rights will revert to you next January) or publish it yourself? You'll have months to get it into shape, do some PR, and then release it when you legally can do so. And if you publish yourself, you'll get better royalties, and probably sell more copies than you did with PA.

There's a proverb about living well being the best revenge. How about publishing well?

[Scribe4264]

Why don't you put your efforts in to something more fruitful? How about getting that manuscript rewritten and edited? Find a publisher (you have solid proof the rights will revert to you next January) or publish it yourself? You'll have months to get it into shape, do some PR, and then release it when you legally can do so. And if you publish yourself, you'll get better royalties, and probably sell more copies than you did with PA.

There's a proverb about living well being the best revenge. How about publishing well?

I am, but I find some value as therapy to devote five minutes a day (the joys of copy and paste and a fast internet connection) being a general pain in the PA arse. Who knows, they just might finally get fed up and cave.

[Terie]

I am, but I find some value as therapy to devote five minutes a day (the joys of copy and paste and a fast internet connection) being a general pain in the PA arse. Who knows, they just might finally get fed up and cave.

No, they really won't. Actually, they love it when people harass them -- gives them that feeling of self-righteousness -- so you're doing exactly the opposite of what you're trying to accomplish. Leaving them alone is the best thing you can do all the way around.

[merrihiatt]

I agree with Terie, Julie, and Ken. Even five minutes a day is too much to waste on PA. If you really want to use your energy constructively, make a character in your next novel a vile creature that preys on its victims with no remorse. The character will be interesting and you can channel all that PA negativity into something positive.

[JulieB]

No, they really won't. Actually, they love it when people harass them -- gives them that feeling of self-righteousness -- so you're doing exactly the opposite of what you're trying to accomplish. Leaving them alone is the best thing you can do all the way around.

This.