I'm a PublishAmerica author wanting out of my contract, what should I do?

Lowercase Prelude said:

Therefore, if you were to persist on wishing to relinquish your status as a
published author, we can only grant your request if you agree to a $300
damage payment, which will help to offset some of our losses

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Extortion.

They are holding your book hostage.

I would send a copy of this correspondence to the Chair of the State of Maryland's legislative Business Regulation Subcommittee along with a covering letter explaining your situation, and copy the whole thing to the person who had the nerve to send you this letter.

Be sure to include a copy of your contract showing that no such fee is mentioned in it, if your contract doesn't have such a provision. If it does, then the situation is totally different.

In the meantime, I recommend giving PA the chance it deserves to be a publisher. Let PA do the promoting, marketing, and selling of your book if they want to make a profit. Surely they can sell enough copies on the market to do that since they must be very good about selecting only good manuscripts to sell.

DaveKuzminski said:

Surely they can sell enough copies on the market to do that since they must be very good about selecting only good manuscripts to sell.

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Yes, and it was probably the same person who wrote that form letter that read your manuscript. Right after they spell checked edited the one in front of yours, sent out a PA recruitment ad press release for the one in front of that, answered ten author support emails with more form letters, mopped the floor, waxed Moe-randa's whip, filled Wilem's helicopter with fuel, washed and waxed Larry's SUV, and fed Moe-randa's horse (aka Moe-randa's girlfriend).

Okay, sure. You gonna pay it for me? Besides the fact that they don’t deserve it, I don’t have that kind of money.

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You asked a question. I simply stated what I would do. If it's important for me to get out of the contract then I would pay the money.

If one pays the $300 does that mean that you paid to be published?

That comment from PA kind of refutes their earlier statements that they don't want an author's money doesn't it?

Joanna_S said:

If everyone used the index that would be enough, but a lot of people don't. That's why I thought it would helpful to have a separate sticky thread that lays out what to do.

That said, it appears I'm a lone voice on this, so never mind.

-- Joanna

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No. I agree with you. Why? Because I am very good at getting lost once I start wandering around sites. Granted, you see lots of stuff that way, but retracing your steps can be complex.

Lowercase Prelude said:

. . .
What should I do now?

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My opinion: Recognize the mistake and pay for early termination of the contract. Simple, businesslike. Don't make similar mistakes in the future. Write more, write better, and learn how the publishing business works.

If the $300 is too expensive, then just move on. Write new stuff. Seven years will pass, or if you are not buying any copies, PA might cancel the contract on its own before then.

Keep in mind that poetry books are extremely difficult to sell. Exceptions are few and far between. Don't quit the day job. (For that matter, few writers make a living at it in any genre.)

Don't obsess about the mistake with PA. Move on.

--Ken

Marie Pacha said:

If one pays the $300 does that mean that you paid to be published?

That comment from PA kind of refutes their earlier statements that they don't want an author's money doesn't it?

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How many trade publishers -- normal commercial book publishers, small, medium, or large -- would agree to cancel a signed contract on request, especially after expenses have been incurred in connection with the book?

(Sure, the expenses for a normal trade publisher would be much, much larger than PA's paltry expenditures, but the principle is the same. A contract is a contract.)

--Ken

I was offered the $300 buyout and refused to pay it on principle. It would feel too much like paying extortion money. I'm not going to reward someone for scamming me. In protest, I've devoted a page of my web site (christianityforthinkers.com) to "The Truth About Publish America." (Here's the link, if you're curious: http://p7.hostingprod.com/@christianityforthinkers.com/publishamerica.htm.)

ResearchGuy said:

How many trade publishers -- normal commercial book publishers, small, medium, or large -- would agree to cancel a signed contract on request, especially after expenses have been incurred in connection with the book?

(Sure, the expenses for a normal trade publisher would be much, much larger than PA's paltry expenditures, but the principle is the same. A contract is a contract.)

--Ken

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On the other hand, how many trade publishers deliberately place obstacles in their path so they can't sell a book they contracted for to the point that they can't make sales? A contract isn't a contract when one party engages in deceit and has no intention of honoring what the other party should expect in return. Deceit should not be rewarded.

DaveKuzminski said:

On the other hand, how many trade publishers deliberately place obstacles in their path so they can't sell a book they contracted for to the point that they can't make sales? A contract isn't a contract when one party engages in deceit and has no intention of honoring what the other party should expect in return. Deceit should not be rewarded.

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The deceit is not in the contract. The false and misleading information is on their website. That's false advertising and not grounds for a breach of contract because they do comply with their end of the terms and conditions contained in their contract. Lousy as they may be.

As far as the walls they put up, the only one I can see that might have legs would be the "we don't work with Wal*Mart due to copyright concerns" wall. That's utter nonsense. In truth, they don't work with Wal*Mart because they will not afford them their required discount. If it ended up in court, they'd be forced to say that and then you're back where you started. A court can't force them to give more than the 5% discount they offer retailers.

This is not legal advice. It's just my opinion.

I didn't state that the deceit was in their contract. I stated that they deliberately put obstacles in the path of retailers who would then sell the product to the buying public. They might be within the legal definition of their contract, but there's more to contracts than just words. Contracts have been found null and void in situations when it's been determined that one party failed to act in the spirit and good faith implied within the contract.

You can't understand PA's contract if you assume that they're dealing in good faith.

James D. Macdonald said:

You can't understand PA's contract if you assume that they're dealing in good faith.

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Why of course they are dealing in good faith! PA has faith that the author will be good for purchase of 50, 75, 100 or more copies of his/her own book.

--Ken

ResearchGuy said:

How many trade publishers -- normal commercial book publishers, small, medium, or large -- would agree to cancel a signed contract on request, especially after expenses have been incurred in connection with the book?

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Author cancellation clauses are actually quite common. Generally, it's agreed that authors will reimburse publishers for itemized expenses incurred.

PublishAmerica doesn't have that proviso in its contract, nor is the $300 itemized in any manner.

Lowercase Prelude said:

I don't know...

I'm debating on just paying it and getting it over with.

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Why? Do you really think they've incurred $300 of expenses on behalf of your book?

IF you pay them, I'd demand an itemized accounting first. Otherwise it's just extortion.

IceCreamEmpress said:

. . .

IF you pay them, I'd demand an itemized accounting first. Otherwise it's just extortion.

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They are free to say "no deal" in that case. Or they can easily come up with a figure based on pro forma staff hours, salaries & benefits, and allocated overhead , in addition to any cash expenses (as for the sample books). Piece of cake. They have the author over a barrel, like it or not. The author is in no position to "demand" anything, having signed a contract that has a binding arbitration clause.

Some lessons come with a price.

--Ken

ResearchGuy said:

The author is in no position to "demand" anything, having signed a contract that has a binding arbitration clause.

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But PA has released plenty of people who persisted in sending polite e-mails asking for release and refusing to purchase or market their books. Why cave in to their demand for $300? Send an e-mail a week, firmly but politely worded, and ignore the nasty tone letters they send in reply. It might take a while, but it's a cheap path to follow and keeps your hard-earned money in your pocket, not the stooges'.

ResearchGuy said:

They are free to say "no deal" in that case. Or they can easily come up with a figure based on pro forma staff hours, salaries & benefits, and allocated overhead , in addition to any cash expenses (as for the sample books). Piece of cake. They have the author over a barrel, like it or not. The author is in no position to "demand" anything, having signed a contract that has a binding arbitration clause.

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I'm suggesting that they insist that PublishAmerica behave professionally and provide an accounting of these supposed expenses, rather than just caving in to their extortion.

I agree with you that that might not stand up in arbitration, but in my opinion it's worth the 42 cents for the author to assert his or her MORAL rights, even when he or she was foolish or naive enough to sign away his or her LEGAL rights.

If I sign a contract that's prejudicial to my rights, I may have to accept the legal consequences of that, but I'm certainly going to raise as much fuss as I can about being screwed over.

Caving in to PA's bullying is just adding grist to their mill.

I don't know...

I'm debating on just paying it and getting it over with. Of course, I'd make sure it's truly "over" and that I have all of my book's rights before I moved on.

The only problem is finding where the $300 is gonna come from

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Since you are considering paying the $300, I'll provide further thoughts on the subject. I know I'm in the minority, but I see nothing wrong with PA's request.

Business contracts are renegotiated all the time. Since you are looking to get released from the contract, PA is asking for something in return. That's business.

When you enter a business relationship and are negotiating, don't worry about what the other party is gaining (in this case, PA receives $300), just concentrate on whether your objective is going to be met (that the book rights revert back to you).

Writing a letter every day will not guarantee your desired outcome. It seems that at the cost of $300 you can resolve this situation and move on.