The Newer Never-Ending PublishAmerica / America Star Books Thread

My girlfriend has put her heart and soul into a three book series and it wasn't until after she signed the contract with PA and asked me to look over the contract when I asked about taxes that I raised an eyebrow to this company. After countless hours of reading about other people's problems with PA, I have come to a bit of a standstill as to how to get her out of this contract. Two E-mails requesting her options for release of contract have been sent and have only been returned by rather unprofessional and arrogant remarks. She's only been under contract for a month or so and there haven't been any books printed as far as I can tell. A couple of her family members have placed in orders, but no-one has received a book as of yet. All the fans she has worked so hard on networking together have been informed of "problems with publisher" and are being asked to not to buy the book. If anyone in here could please give a guy trying to help his stressed-out lady a little advise on just what kind of "tone" I should be using with these people, it would be greatly appreciated....

Welcome, Howard.

I'm sorry to hear about your lady's experience with PA. I've been trying for almost two years to get out of my contract, to no avail. I keep sending my polite requests, though. My contract will be up in almost five years. I hate to wait that long to get released, but I did sign the contract. Doh!

I wish you and your lady good luck. The best advice I've seen here on AW is write another, better book. Moving on and choosing to keep writing means PA doesn't win.

Howard said:

. . . a little advice on just what kind of "tone" I should be using with these people, it would be greatly appreciated....

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Pleasant and businesslike. And, although folks here hate this, a straightforward, nonantagonistic offer of $300 to buy her way out of the contract will probably get results. It's a question of how much it is worth it to her to terminate the contract promptly.

--Ken

Just be aware that even if the contract is terminated, she may have problems placing the books in question with a commercial publisher elsewhere, since first rights to the manuscript are now gone.

Welcome, Howard!

1. DON'T send PA any money. Don't buy any copies.

2. Totally ignore all abusive mails. They will be from Miranda Prather, and she's certifiable. You are not dealing with a professional business here. They won't play by any rules but their own.

3. Ask the friends and family and fans who ordered copies to call their credit card company and report non-delivery of goods, and ask for a charge-back on all those orders. It's legal and their right to do so.

(If enough card companies get enough charge-backs for a business they cut them off as a bad risk.)

4. Draft a short, polite certified mail to Larry Clopper, citing reasons below. Keep it simple and SHORT.

"I am unable to promote the book, ___ by ___ nor will I be buying any copies. You will only have additional losses by proceeding further with this title. I will be happy to return my one-dollar advance check.

Please confirm in writing the termination of my contract. Yours truly ___."

5. Repeat step 4 until Clopper gets sick and tired of signing certified mails from you and cuts the book loose.

You may get threats about breach of contract. Ignore them. They won't spend the money on the legal fees.

Glad you're here. Read through the various threads as other writers have been through this and got free.

Good luck!

merrihiatt said:

Moving on and choosing to keep writing means PA doesn't win.

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Frame that, please.

TheTinCat said:

Just be aware that even if the contract is terminated, she may have problems placing the books in question with a commercial publisher elsewhere, since first rights to the manuscript are now gone.

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Chances are it is not a commercially viable book anyway. Odds are just way against any manuscript making it to commercial publication. But that "first rights" thing is pretty much a myth for books. All a publisher really cares about is whether it looks like a profitable book (esp. in the light of competition) and fits in the publisher's line. Books are published in new editions all the time. But the odds are sure as heck better if PA no longer owns publishing rights -- if they do, the book is toast for the duration.

--Ken

P.S. Get and read How I Got Published (Writer's Digest Press, 2007). Real stories of a hundred or so legitimately published book authors. Figure on years of effort at best, although some succeed sooner. The key word is persistence.

ResearchGuy said:

Books are published in new editions all the time.

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Well sure, but it might take a little more to make a publisher bother to print a new edition of a book that has been published, but hasn't sold anything.

Whether or not the books are commercially viable, my point was that she might be better off by writing something else and forgetting about the PA book(s), since even if she managed to get the rights back, it wouldn't be the same as never having signed the contract.

Okay, so now that brings up another question. She's only been in the contract a month and no books have been printed. I don't know how fast PA works, but if it's NEVER been released and IF they let her out of her contract, does that even COUNT as being published. Can't she just forget about PA, learn from the experience, and query the right people? I don't see how, if PA doesn't count as a publishing credit and the book's never been published, why she'd have to mention it had been under contract from PA.

I think if she's already gotten an ISBN it counts. If she's so early on that she doesn't, she might have a shot of getting it back still a virgin, so to speak. The real question, however, is why would PA let her out before they've even had a chance to bilk her for copies or editing or cover art or anything else?

Ah, I didn't think of the ISBN. You are absolutely right. And I know PA won't let her out before that, it was just wishful thinking on my part, I suppose.

What about changing the title, submitting a rubbish manuscript to PA, and then totally ignoring it? Wouldn't that allow her to 'keep' the original book to try to sell elsewhere?

Terie said:

What about changing the title, submitting a rubbish manuscript to PA, and then totally ignoring it? Wouldn't that allow her to 'keep' the original book to try to sell elsewhere?

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Now this I could see working. Since they probably never read the original manuscript anyway, they'd never know the difference.

Terie said:

Another thing to bear in mind is that the vast majority of the posters here are not PA victims. It doesn't matter how much I'd like the authorities to investigate PA, I don't personally have a grievance and therefore have no grounds to complain.

And condolences on your loss.

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Some of us have no fault separation agreements with PA.

I worked to get my release by the means available to me and through working their contract.

I am living proof that:

Authors can get released.
Authors can sell their reprint rights to another publisher.
Authors can write a new and better book and sell it to a publisher.

After all, it really is the author's job to perform. I know it sounds like I am bragging, but I'm not. This is a real possibility.

PA lurkers, the best advice I have for you is to sharpen your skills by writing a new and better book, find qualified beta readers, and submit pieces of the book to SYW and take the advice. By the time you find your release from PA, your new book will be finished and you can concentrate on fixing the PA book while querying the new book. If the PA book is not released by then, write a new book.

Terie said:

What about changing the title, submitting a rubbish manuscript to PA, and then totally ignoring it? Wouldn't that allow her to 'keep' the original book to try to sell elsewhere?

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OR in case it has been assigned an ISBN leave the title the same, and send a different manuscript. Change the title of the manuscript you want to keep and pitch that to a real publisher.

Hell, I like that idea. You could use that random writing generator they used on Atlanta Nights. It's not like anyone there will actually read it, and if they did, they'd probably release you from the contract and think it was another sting manuscript lol.

And just remember: PA trolls the boards here.

If the contract is signed, but the MS not turned in yet, give them any excuse you like, but don't turn it in. (The computer crashed, the cat peed on my hard drive, whatever.)

It IS a legally binding document, though, all in PA's favor, so read through looking for penalties in case the author can't deliver the final MS. I suppose you'll have to return that "advance" check. What a hardship.

It's best to point out to them that they won't make money and will LOSE money on the deal by proceeding with "publication."

Chances are high that they are months behind on everything and might cut you loose to avoid more work. Proceed as though you fully expect the contract will be terminated since you're unable to hold up your end of things.

Stick to business letter format and don't engage in arguing with them. They're used to that and it just gives them ammo. Don't believe them if they say anything like "end of argument" or "this is final." It's all bluff to get money from you in the end. Just keep repeating until they get bored and dump you.

I checked the ISBN they sent and it didn't even exist. Anyway,on another(and perhaps brighter) note, another lengthy and insulting E-mail sent from PA got to us last this morning and apparently the release information that has been repeatedly requested will be sent "shortly"...Whatever...In any case, thank you guys for the heads up on all this. There is no substitute for wisdom.

ResearchGuy said:

But that "first rights" thing is pretty much a myth for books. All a publisher really cares about is whether it looks like a profitable book (esp. in the light of competition) and fits in the publisher's line. Books are published in new editions all the time.

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You beat me to it.

"First rights" applies to things published in periodicals--articles, short stories, and the like. It really is not an issue with books, which are published in an entirely different way.

- Victoria

Please don't feed the monster

ResearchGuy said:

Pleasant and businesslike. And, although folks here hate this, a straightforward, nonantagonistic offer of $300 to buy her way out of the contract will probably get results. It's a question of how much it is worth it to her to terminate the contract promptly.

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Personally, I never believe in throwing good money after bad. There's no guarantee that book would get published by another publisher if you got the rights back from PA, but that $300 is real money. Plus, if you send PA money, you are just feeding the monster. I like the advice to write another book and move on (to a different, better publsher).

Don Davidson said:

. . . if you send PA money, you are just feeding the monster. . . .

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As I said, "folks here hate this . . . ."

--Ken

ResearchGuy said:

As I said, "folks here hate this . . . ."

--Ken

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As much as people hate blackmailers and hate getting blackmailed... when your baby is sitting in a cage, money doesn't seem that important.

Don Davidson said:

if you send PA money, you are just feeding the monster.

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True, but no one is obligated to fight PA. No one is obligated to care whether they feed or hurt PA.

If someone picks the easy-but-expensive solution, then they shouldn't be made to feel guilty about that*. We are all allowed to pick our battles.



*Not that I think that is anyone's intention here.