Help? New PA contract - need help.

CharlieBabbitt · Sep 24, 2008

Quick question -- if you just pay the $300, are you out of the contract completely? You get the rights back and can go sell it elsewhere?

$300 beats an attorney and a legal battle...it sucks, but its a way out without hassle and stress and anguish. You can just put this behind you, lesson learned and all that.

But I'd make sure that $300 bucks gets you free.

Marie Pacha · Sep 24, 2008

Whether or not you are out of the contract completely depends on if your particular contract actually has a termination clause. In some cases the rights to your work revert back to you, but other clauses remain in effect.

icerose · Sep 24, 2008

priceless1 said:
I recommend strongly against doing this. Editors do some fairly heavy vetting of authors during the submission stage. If I came across the fact that this was a PA author, my radar pings. Why? Because this rewriting their book is a classic PA author move. If I ask the author about this and they tell me it's a "vastly rewritten" version, bye bye author. This is one of those things that piss me off more than you can imagine. My editor buds feel the same way. I have one editor friend who won't even read a PA author's submission because she's been burned twice and almost got fired over it.

Forget this book. Write another one.

Sorry I should have been clearer. The author of this thread said they'd tripled the books length and done quite a few changes, and I was basically suggesting they just make it into a new book all together with no connection to the PA book. As with story, characters, and so forth. I should have been more concise.

brianm · Sep 24, 2008

Marie Pacha said:
Whether or not you are out of the contract completely depends on if your particular contract actually has a termination clause. In some cases the rights to your work revert back to you, but other clauses remain in effect.

This is only one reason why it is extremely important to seek legal counsel if you choose to pay PA for the cancellation/termination of the contract.

I have yet to see PA's $300.00 cancellation/termination agreement. It could be just as squirrelly as their publishing contract.

Remember that you are in an enforceable and binding contract. It isn't something to take lightly. Contracts are easy to get into, but they can be horrid to get out of.

Unimportant · Sep 24, 2008

I've no idea what the OP's book is like, so all I can do is comment on the odds: and the odds are that most first novels aren't of sufficient quality to interest a trade publisher. The OP (sorry, I lost track of who started this!) might want to put his/her query letter of first chapter up for comments in Share Your Work, where they can get feedback. If all the critiquers say "ZOMG this is awesome!" then it'd probably be worth paying PA $300 to get free. If all the critiquers say "ZOMG learn to write!" then it's probably better to leave this book with PA and to spend the time/money writing a new, better book that can be submitted to trade publishers.

MagicMan · Sep 24, 2008

Do not pay the $300.

"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."

All this means is they will remove your book from their list of books being marketed. They will continue to hold all rights as identified in their contract. If you signed one of the nasty contracts, all future books authored by you under your name or any pen name will revert to them. Basically, if you write anything that makes money in the 7 years after you sign with them, no matter who publishes it, they can sue and be awarded the same percentage of the sales as in your contract, which for most publishers, is many times their profit margin. Read the threads on PA and hopefully you can get this resolved.
I wish you luck!
Smiles
Bob

brianm · Sep 24, 2008

MagicMan said:
Do not pay the $300.

"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."

All this means is they will remove your book from their list of books being marketed. They will continue to hold all rights as identified in their contract. If you signed one of the nasty contracts, all future books authored by you under your name or any pen name will revert to them. Basically, if you write anything that makes money in the 7 years after you sign with them, no matter who publishes it, they can sue and be awarded the same percentage of the sales as in your contract, which for most publishers, is many times their profit margin. Read the threads on PA and hopefully you can get this resolved.
I wish you luck!
Smiles
Bob

Have you seen and read PA's $300.00 cancellation/termination agreement? (Or whatever they're calling it.) Because you're making some statements that may not be true.

The written document sent by PA that terminates and cancels the contract may actually revert rights and cancel in toto the entire agreement. But without seeing and reading that document, no on knows.

I've never seen one and I wouldn't assume anything until I had seen and read the document.

roninwolf1981 · Sep 24, 2008

I'm just seriously upset. I worked hard on this book. It isn't right that these jerks are allowed to get away with the stuff they're pulling. Not just because they burned me either, but lots of other people. I'm really tempted to put in a complaint with my State AG's office or something.

DaveKuzminski · Sep 25, 2008

roninwolf1981 said:
I'm just seriously upset. I worked hard on this book. It isn't right that these jerks are allowed to get away with the stuff they're pulling. Not just because they burned me either, but lots of other people. I'm really tempted to put in a complaint with my State AG's office or something.

Yes, you should report it to your state's AG. You might want to copy the P&E listing for them to include with your complaint just to show them how long PA's been doing this.

icerose · Sep 25, 2008

roninwolf1981 said:
I'm just seriously upset. I worked hard on this book. It isn't right that these jerks are allowed to get away with the stuff they're pulling. Not just because they burned me either, but lots of other people. I'm really tempted to put in a complaint with my State AG's office or something.

Trust me, I completely understand. I gave away two first of their series books to these guys. Even though I have my rights back unless I write a whole new first book that doesn't resemble the first book at all, the series are dead.

I thought I'd be so proud to be a "published" author and I internally groan anytime my husband or family proudly announces that I have had two books published, then I have to go in and explain that they were a bad company and it doesn't really count.

It sucks. Which is why my advice was forget this book. The sooner the better. Just move on. The more you hang onto it, the more it'll hurt. Just drop the book, it's a first book sitting in a drawer never to be pulled out again. Next book.

dobiwon · Sep 25, 2008

Even if they give you back rights in exchange for $300, the one right they can't give back is the first publishing right. That will always be them, and it might impede your getting it published by someone else

brianm · Sep 25, 2008

dobiwon said:
Even if they give you back rights in exchange for $300, the one right they can't give back is the first publishing right. That will always be them, and it might impede your getting it published by someone else

Excellent point and something that should be considered by any PA author thinking of paying PA's $300.00 "up yours" fee.

roninwolf1981 · Sep 25, 2008

DaveKuzminski said:
Yes, you should report it to your state's AG. You might want to copy the P&E listing for them to include with your complaint just to show them how long PA's been doing this.

Pardon my ignorance, but what's a P&E? I would like to "forget about this book and start a new one", but I was planning on it being the first in a series...
Not even getting into the four plus years I've spent working on it.

Marian Perera · Sep 25, 2008

P&E is short for Preditors and Editors. Check Dave's homepage.

Sorry to hear about the book, though it's usually easier for unpublished writers to get standalone books accepted.

circlexranch · Sep 26, 2008

"Therefore, if you were to persist on wishing to relinquish your status
as a published author, . . .

OMG, what a piece of passive aggressive manipulation. It makes it sound like someone is going to come to your house, slap you, reformat your computer, rip the rank insignia off your sleeve, and take away your secret 'published author' decoder ring.

The fact that they have polished up the 'kill fee' notice until it shines indicates that they are receiving a LOT of these requests.

Very cultish. Sort of like telling those who tried to go over the wall at Jonestown that 'It's okay, we'll pray for your lost soul burning in hell when we are all in heaven. You just go on, we'll be fine . . . '

icerose · Sep 26, 2008

roninwolf1981 said:
Pardon my ignorance, but what's a P&E? I would like to "forget about this book and start a new one", but I was planning on it being the first in a series...
Not even getting into the four plus years I've spent working on it.

Trust me, I know. Read my post upthread. I did that with not one but TWO series. They were accepted within two months of each other and within three weeks of sending in the second contract the bewares on Publish America was started. I cried. I fought (for years). In the end I almost lost my spirit for writing.

Either write a NEW first book or start the series some place else, or let the series die. Because really, you don't have many options.

thecraftteens · Sep 26, 2008

icerose is right.

I've been through the PA circus like many here. I gave up the first rights to the first novel in a series I was creating. It wasn't until after I'd gotten my rights back that I realized the book I sent to PA was horrible crap. I am planning on writing another first book to kick off the series again, one that is much better than that awful swamp monster I sent to PA.

Actually, I'm sort of glad I got sucked into PA, it made me realize that I should only send my best work to publishers.

roninwolf1981 · Sep 27, 2008

I'm guessing that...I dunno...PA is trying to annoy me to death now. My "buisness" email that I've only given to them and like four other people (all newspapers and the like) has been getting an inordinate amount of spam over the last couple days. I have to wonder if they are behind it that they're either:
A) Just being swashi whodun
B) They're just trying to get that last bit of cash they can by selling my email address to spammers...

DaveKuzminski · Sep 27, 2008

I'm equally suspicious of that spam email you're receiving. I created a special email address for a sting manuscript that was submitted to PA. After the sting, that address began receiving spam. Coincidence? You decide.

tlblack · Sep 27, 2008

I too received spam email after my contract was discontinued by PA. Now, every time I post something PA negative here, I get an inbox full of spam. My spam filter is set to automatically delete spam messages and although I realize a few could still get through, it seems too much of a coincidence.

JulieB · Sep 27, 2008

I don't think so. I've set up e-mail addresses for purely internal use on our domain and I get spam before the day is out. My record was about ten minutes.

I've noticed a big uptick in spam with the recent economic news. I know the ISP's and hosting companies are going crazy trying to fight it.

Bartholomew · Sep 28, 2008

MagicMan said:
All this means is they will remove your book from their list of books being marketed. They will continue to hold all rights as identified in their contract. If you signed one of the nasty contracts, all future books authored by you under your name or any pen name will revert to them. Basically, if you write anything that makes money in the 7 years after you sign with them, no matter who publishes it, they can sue and be awarded the same percentage of the sales as in your contract, which for most publishers, is many times their profit margin.
Bob

Are you sure? Because last time I checked, slavery was illegal no matter how much paperwork was involved.

-B

roninwolf1981 · Sep 30, 2008

Well...for NOW anyways...

hmcalendin · Sep 30, 2008

You'll be lucky if you get any response after that form letter regarding the $300. I and quite a few authors currently trying to get their rights back have heard nothing since even after requesting the documentation and accounting of what that $300 is for. We all received word for the same letter as you did. You may also receive a letter stating that they will be "glad" to hand you your rights back IF you provide them with a legitimate publisher they can send them too.
It is frustrating.........and it will NOT be easy even if you offer to pay the fee. You'll get SILENCE in return or more form letters.

roninwolf1981 · Oct 1, 2008

hmcalendin said:
You'll be lucky if you get any response after that form letter regarding the $300. I and quite a few authors currently trying to get their rights back have heard nothing since even after requesting the documentation and accounting of what that $300 is for. We all received word for the same letter as you did. You may also receive a letter stating that they will be "glad" to hand you your rights back IF you provide them with a legitimate publisher they can send them too.
It is frustrating.........and it will NOT be easy even if you offer to pay the fee. You'll get SILENCE in return or more form letters.

Yes, I've noticed that they haven't responded to my last email. *WARNING SARCASM FOLLOWS* Wow these guys know how to run a buisness...

Help? New PA contract - need help.

Read. Write. Tivo.

Still a work in progress

Lost in School Work

Brian Boru

No COVID yet. Still masking.

Brian Boru

Preditors & Editors

Lost in School Work

Planning to retire for the 5th time

Brian Boru

starting over

Terri Coop has been known to write

Lost in School Work

Preditors & Editors

nothing simple here

I grow my own catnip

Comic guy