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Blu Phi'er Publishing (Michael L. Bernoudy, Jr.)

JimmyD1318

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So far I have nothing bad to say about them. Wait untill my book comes out then I'll be able to tell you more.:D And I will to, good or bad.
 

Hobbes

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How fast did they sign you after reading your manuscript? Did they do any editing?
 

triceretops

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I dunno, I sure am on the receiving end from Scott, with some wonderful rewrite and critique suggestions. Didn't realize I had so much passive. So now I'm diving into the entire book for a complete face lift. When it's ready, I'll be happy to send it to BP and take my lumps. I know Jim and Chris pretty well--straight up guys and I'm happy for them.

Tri
 

JimmyD1318

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Thanks Tri. Like I said my book is not due out untill next year. When it comes out then would be a good time to ask me the same question again. Untill then I'm keeping my fingers crossed that everything will be okay.
 

Hobbes

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Does anybody know why P&E has added "Poor Contract/Not Recommended" to their listing of Blu Phi'er? Just a few days ago it didn't have the dreaded red type next to it.
 

Popeyesays

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Does anybody know why P&E has added "Poor Contract/Not Recommended" to their listing of Blu Phi'er? Just a few days ago it didn't have the dreaded red type next to it.

I do know the contract is undergoing overhaul. Hopefully that will be corrected.

Regards, Scott
 

Popeyesays

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In the form it had it was a rights grab. I think it was inadvertent, but undeniably it was not a modern contract Also it was passing on a print set up fee to the author on the back end, bu not paying royalties until sales covered the initial set up fees.

Both considerations will be moot before too long.

Regards,
Scott
 

swordgirl

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I was asked this so here we go...

So far it's been great. Their not Harper Collins or Random House by any means, they are a new company, but their not Publish America either. I was impressed with the idea that I recieved 15 free copies of my novels, and the marketing director called me asking where I wanted to sign. In a week I was signing books in book stores, so I had no problem there. They offer a 55% discount to stores with returnability. I've done three more signings since.

Now as far as newspaper reviews and that sort of thing I did that myself, but the marketing team put my book in every resource available. None of this cost me anything. They also sent me a PDF Catalog and a monthly royalty statement which I won't recieve anything for another 5 months. But so far after being slammed by PA, Blu Phier is awesome. Easy to work with, they call you right back when you have a question. I like them. Great place to start.

I also hear from one of the authors my space pages that an NBC exec signed up with them, and one of their illustrators used to work on the Aliens Vs Predator comic. (If anyone knows what that is.)

In any case, so far I've enjoyed it. I guess we'll see what happens when royalty time comes. I know they got my books in every store in my town and outside cities, so I'm hoping they can achieve a world wide magnitude. Of course, I imagine it's hard for any smaller press to do that.
 

Popeyesays

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I was asked this so here we go...

So far it's been great. Their not Harper Collins or Random House by any means, they are a new company, but their not Publish America either. I was impressed with the idea that I recieved 15 free copies of my novels, and the marketing director called me asking where I wanted to sign. In a week I was signing books in book stores, so I had no problem there. They offer a 55% discount to stores with returnability. I've done three more signings since.

Now as far as newspaper reviews and that sort of thing I did that myself, but the marketing team put my book in every resource available. None of this cost me anything. They also sent me a PDF Catalog and a monthly royalty statement which I won't recieve anything for another 5 months. But so far after being slammed by PA, Blu Phier is awesome. Easy to work with, they call you right back when you have a question. I like them. Great place to start.

I also hear from one of the authors my space pages that an NBC exec signed up with them, and one of their illustrators used to work on the Aliens Vs Predator comic. (If anyone knows what that is.)

In any case, so far I've enjoyed it. I guess we'll see what happens when royalty time comes. I know they got my books in every store in my town and outside cities, so I'm hoping they can achieve a world wide magnitude. Of course, I imagine it's hard for any smaller press to do that.

i don't doubt their good intentions. I work for them myself for editing and catalogue design. I have a contract hanging fire right now while we negotiate a contract that I will sign, I'm hoping that those contract changes will become policy.

Regards,
Scott
 

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I've seen a recent copy of the Blu Phi'er contract, and it's an unprofessional mess.

It's an all-rights contract (despite the fact that there's no evidence the company has arrangements in place to market subsidiary rights). While the grant of rights appears to be for the life of copyright (exact wording: "Client herein irrevocably assigns all rights associated with the publishing of the aforementioned book to Blu Phi'er Publishing, L.L.C.") there's no provision for the return of rights to the author when the book is taken out of print--in fact, there's no out-of-print/reversion clause at all.

Also, the publisher takes all rights, but not only are these rights not enumerated, there's nothing in the contract to indicate what the author would be paid be should the publisher actually manage to sell or license any of them.

The royalty clause provides for payment on the book's cover price, but qualifies this by saying "
after all funds expended by B.P.P. in the production of the book have been reimbursed." The wording is unclear, but it suggests either that the publisher won't pay royalties until production costs have been recouped, or else that the publisher will deduct the per-book production cost from the amount on which royalties are calculated. Either way, it's a net royalty.

Other issues too numerous to mention, including no time frame in which the publisher is required to publish; no obligation for the publisher to place a copyright notice in the book; nothing about the editing process or about the author getting a chance to approve proofs.

- Victoria
 

Hobbes

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Wow. Doesn't sound very promising. Hopefully, as Scott suggested, their contract will be overhauled to become more author friendly. What do you think the possibility is of that happening?
 

Popeyesays

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Wow. Doesn't sound very promising. Hopefully, as Scott suggested, their contract will be overhauled to become more author friendly. What do you think the possibility is of that happening?

He's promising a complete overhaul by Monday, and I have suggested that he post the revised contract to the website.

The contract was amateurish at best. It goes to show that Jaws is right when he says intellectual property law is an entirely different kettle of fish.

I didn't see the actual contract until about a month ago when it was presented to me. i didn't sign and told him why. We've been working on it since.

I don't really doubt his sincerity, but that's an entirely personal thing. Contracts, by nature are NOT personal things, and the existence of a written contract makes all personal understandings and trust irrelevant.It is hard to get one's mind around the fact that publishing is an entirely different form of entrepeneurial endeavor. I remember the Tyco Publishing thread and that publisher's willingness to 'jaw, jaw' about it but not to really change anything. Mr. Bernoudi is more amenable to attacking the learning curve.

Regards,
Scott
 

Hobbes

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Well that sounds good. If he's making an effort to make Blu Phi'er a place worth submitting to, maybe there's promise yet. I'm sure everyone here will be interested to see the revised contract.
 

swordgirl

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proofs are approved although it's not in the contract.I had a book published by them a few years ago and it was and still is a great expirience. I've had no problems and have been signing books, plus they give you free copies etc.
 

OneTeam OneDream

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I've seen a recent copy of the Blu Phi'er contract, and it's an unprofessional mess.

It's an all-rights contract (despite the fact that there's no evidence the company has arrangements in place to market subsidiary rights). While the grant of rights appears to be for the life of copyright (exact wording: "Client herein irrevocably assigns all rights associated with the publishing of the aforementioned book to Blu Phi'er Publishing, L.L.C.") there's no provision for the return of rights to the author when the book is taken out of print--in fact, there's no out-of-print/reversion clause at all.

Also, the publisher takes all rights, but not only are these rights not enumerated, there's nothing in the contract to indicate what the author would be paid be should the publisher actually manage to sell or license any of them.

The royalty clause provides for payment on the book's cover price, but qualifies this by saying "after all funds expended by B.P.P. in the production of the book have been reimbursed." The wording is unclear, but it suggests either that the publisher won't pay royalties until production costs have been recouped, or else that the publisher will deduct the per-book production cost from the amount on which royalties are calculated. Either way, it's a net royalty.

Other issues too numerous to mention, including no time frame in which the publisher is required to publish; no obligation for the publisher to place a copyright notice in the book; nothing about the editing process or about the author getting a chance to approve proofs.

- Victoria


Absolutely none of this stuff was in the contract I signed...(and that was a couple months back.)
 

Alexandra Little

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On their author's page, it lists one author's credits as having published with PublishAmerica, and the only novel that I can find of another author is also with PublishAmerica. This could just be an author's past booboo's, but a publisher like Avon wouldn't list a PA credit. If the leader of Blu'Phier doesn't know how bad PA is I'd be a little wary of Blu'Phier (it alludes to inexperience)--good luck though, JimmyD! I'll be looking for the book!
 

Popeyesays

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On their author's page, it lists one author's credits as having published with PublishAmerica, and the only novel that I can find of another author is also with PublishAmerica. This could just be an author's past booboo's, but a publisher like Avon wouldn't list a PA credit. If the leader of Blu'Phier doesn't know how bad PA is I'd be a little wary of Blu'Phier (it alludes to inexperience)--good luck though, JimmyD! I'll be looking for the book!

The Chronos Project was a PA book, but the author got out of the contract and pursued other avenues.
The Work, by eric Enck, is the other book in question. He'd published with Terry Woods and sold about 30,000 of his previous book, and his later books are with Blu Phi'er or other publishers. Eric refers to it as "Yeah, I threw away a book with PA."


Regards,
Scott
 

Alexandra Little

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Oh good, I'm glad the author got out of the PA contract. I'm still a little *I don't know* about the other author listing PA among her credits--I would hope that a good publisher, big or small, would know the truth about them.
 

swordgirl

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I would assume so since Michael Bernoudy the owner of Blu Phier and Eric Enck, together started a My Space Page against Publish America. There is also many other authors involved including Scott Nicholson, Joe Hill (king's son) and John Mayberry (Bram Stoker Winner) with beginning a funding against bad publishers.

http://www.myspace.com/vipersmile is the link: