The Newer Never-Ending PublishAmerica / America Star Books Thread

under terms to be determined through good faith negotiations that will take place within a reasonable period of time after the Author has submitted for consideration his first next work to the Publisher."

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I agree with Terie. The above, good faith negotiations, would be all that is needed to get out of another contract for a book. It's very "reasonable" that an author of a second book would ask for better terms (in normal circumstances with a commercial publisher) so the author could treat PA in that same fashion. Instead of subing "there was a dog, he barked, the end" to get out of signing again, just ask for a proper advance, done, released

ctripp said:

... It's very "reasonable" that an author of a second book would ask for better terms (in normal circumstances with a commercial publisher) ...

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But that's the thing. Those who have signed with PA have signed with a vanity press, and it appears that few have any grasp of what commercial publishing is or how it works. In reality, it seems that the typical PA author might seek to move to a different vanity or subsidy press, and PA might find it worthwhile to at least make a pretense of pressing the author to stay with PA for the next book, with the usual expectation (on average) that the author will buy 75 copies of his or her book from PA.

PA authors who have bought no copies, or not more than a small handful, will probably be of no further interest to PA, though, in which case, with no prospect of even making back its small costs, PA will itself decline a second contract. Those who have splurged on 75, 100, or more copies will be targeted for retention.

My views, FWIW.

--Ken

Just had an interesting thought, on the letters I have been mailing faithfully to PA "requesting" release.

Now I realize they (PA) does not have to release them, however from my business point of view when, or if, a client makes such a request what I always do is to tell them "Thank You" - for allowing us to work with you on over these past few months or years. We deeply appreciate your business and should you have "any" questions or concerns as you move onward and upward with your business, please feel totally free to contact us by phone or e-mail and we shall answer any and all questions possible. Thank you again and God Bless you.

Back to the letters, since I am retired and maintaining an office mostly for my personal contacts, I have plenty of free time to write short little letters to Mr. Clopper requesting his personal approval of the contracts release.

I mail one each and every day - faithfully - and I just got to wondering just how much each letter cost them (in wages paid to an employee) to open that letter each day and double check for a check or money, before they are ordered to flip it into file 13. I know what I pay my employees, and after awhile it begins to count up.

Oh well - their business and they may run it as they see fit.....

God Bless

Bill

Sepisllib said:

Now I realize they (PA) does not have to release them, however from my business point of view when, or if, a client makes such a request what I always do is to tell them "Thank You" - for allowing us to work with you on over these past few months or years. We deeply appreciate your business and should you have "any" questions or concerns as you move onward and upward with your business, please feel totally free to contact us by phone or e-mail and we shall answer any and all questions possible. Thank you again and God Bless you.

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That's because you're not a malicious person. Even if you weren't able to release a client, you'd say so politely, as would most decent people. Note the words "decent people." This is what the folks at PA are not.

ResearchGuy said:

The right of first refusal is the publisher's, not the author's. Really. See this. Or this. (Quoting from the latter, "In layman’s terms a right of first refusal gives the publisher the right to bind you to them for your future projects.")

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No, I get that. I totally understand. They have the right to first see the book - you can't submit it anywhere else first. They can reject it or make an offer. But even if they make an offer, you don't have to take it. As long as they see it first, the clause is fulfilled.

The OPTION clause is one where they have the first option and you have to give it to them, I believe. It's much more binding.

The Author grants and assigns to the Publisher the exclusive right to publish or first refuse Author's first next work under terms to be determined through good faith negotiations that will take place within a reasonable period of time after the Author has submitted for consideration his first next work to the Publisher."

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That's incredibly vague. A 'reasonable amount of time'? Every ROFR clause I've ever seen has had a specific time, say 30 days, attached to it. Meaning make an offer or move on and be quick about it. "the exclusive right to publish" is silly wording as well, but I can see how it might cause a snarl.

On the other hand, I agree that that 'good faith negotiations', is almost an out. As I said, demand a reasonable (commercial) advance and a large number of author copies (again, what would be reasonalble for a commercial publisher), and PA would either have to give it to you or they would balk.

Guess they, PA, have made their position known beyond dispute. Whoever it is, that seem unable to identify themselves by signing such a letter, I guess they have to deal with his/her own ego crisis.

Here is what I received moments ago:

****************************************************************

Dear Bill Trammell:
We opened only one of your repetitious letters, and we read only part of the first line. The letter did not reach the intended recipient, and it will not be directed anywhere within the company. Since the other letters appear to be repetitious, they were not opened. Future repetitions will be turned over to law enforcement as harassment through U.S. mail.
As you know, instructions for contract termination were already sent to you.
PublishAmerica Author Support
[email protected]

****************************************************************

This only leaves me two choices now ----- bet you know what one of them is, eh?

God Bless

Bill

Completely empty threat. "Officer! This guy keeps sending us letters demanding to be released from our contract that we refuse to release him from! He's HARASSING us!"

Yeah, I'm sure the cops will be all over that one.

How do they know the letters were repetitious if they didn't open them?

You used the same style envelope?

I say start using colored envelopes and addressing them in different color crayon XD

Sepisllib said:

Dear Bill Trammell:
We opened only one of your repetitious letters, and we read only part of the first line. The letter did not reach the intended recipient, and it will not be directed anywhere within the company. Since the other letters appear to be repetitious, they were not opened. Future repetitions will be turned over to law enforcement as harassment through U.S. mail.
As you know, instructions for contract termination were already sent to you.
PublishAmerica Author Support

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What maroons! They didn't read your letter, but they knew exactly what you wanted--even that you wanted the letter forwarded to someone. And they only opened one, but they know that the letters have been repetitious.

Yes - same letters for a reason. That way "they" know what it is and who it is from without any fear of underhandedness. I was taking the remote chance that the Author Support Team would tire of receiving the letters and actually provide one to Mr. Clopper and he would do the "right thing."

No - law enforcement will not do anything. The letters are "not" threatening or intimidating - and as a retired officer myself I know that the threat is an effort to "intimidate" only one person --- ME.

However, I shall respect their demand for discontinuing the repeated letters - primarily because there is one letter sitting there waiting for action ---- it is a "Registered" letter with "Restricted Delivery" and it must be picked up within 15 days - failure to do so is as good as delivered.

Apparently someone there, in PA, has taken great offense to me. No reason, though, as here is a word for word letter I have been sending them.

**************************************************************

April 12, 2010

Mr. Larry Clopper
Publish America LLLP
P. O. Box # 151
Frederick, MD 21705

REF: Contract Release Request

Dear Mr. Clopper

I am presently in "contract" with you, PA, for two (2) books, one being "Golden Grass" and the second one being "The Velvet Rocking Chair."
As you know, I have requested that you, personally, approve that both contracts, and all rights, be relinquished back to me, the Author, as they are now dead.

There is no reason for delineation of the reasons, just know I shall be unable to promote, or purchase, any further copies of either.

Please send written confirmation of the termination of my two contracts to the following address.

My full name and address here.

Sincerely

God Bless

My full name and signed here

**************************************************************

I regret that something as simple as this must be as "threatening" as it appears to have been perceived by them, PA

God Bless

Bill

Heck, yes, it is threatening--it threatens to cut into his paycheck.

Of course they're going to scream bloody murder about that. It means Clopper and Prather might have to go work in the real world.

Considering that in 10 years PA must have fired half the population in Frederick, I doubt any company within 50 miles of them would hire the Stooges. The people they fired back in the day are probably running things by now!

'Author Support Team' is the name Larry and Miranda hide behind.
You can bet Larry has seen your letter.

Employees do not handle snail mail.
They only receive email after Miranda reads it and forwards it to an individual with her instructions on how to answer it.

The tone letter you received was most likely composed by Larry.
He's a nasty piece of work and enjoys abusing people verbally.

Not much more needs to be said here about them. I am "positive" they both visit this forum and read the postings and by now they certainly have figured out who I am. That's okay, you see - not once in my life have I tried to hide behind anyone, anything, or any misstatements of inferences. I have always been "up front" and honest and will continue to be.

If they choose to not release me from the contracts - it really doesn't matter to me - not one ounce. I presently do have numerous other works that are better (and yes, they made me better), and I will succeed.

Presently I am re-visiting all 140 letters they, PA, has sent me from day one way back last spring. I shall not share with you all or anyone else what my intentions are at this point - guess the best thing I can say is "watch and see."

God Bless

Bill

James D. Macdonald said:

You should read back in this forum. A few years back PA really did send some guy dressed as a cop to an author's house. (Search on Kevin and The Purple Pony).

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Likely the "only" one that would enjoy the outcome of this would be me. That would be a disaster for them, PA, and also the poor guy that tried to pull it off.

God Bless

Bill

Actually, they tried it twice.

If they did something like that, would it be possible to call 911 on them? Impersonating a police officer is a big deal.

I think if you can't see a badge with a badge number and such on it, after having asked, you're supposed to call the police. Impersonating a police officer is highly, highly illegal.

James D. Macdonald said:

You should read back in this forum. A few years back PA really did send some guy dressed as a cop to an author's house. (Search on Kevin and The Purple Pony).

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Ah, yes, I'd forgotten about that one.

But that cop was as empty a threat as this "ZOMG harrassment!" accusation is. An attempt at intimidation that ultimately backfired.

darkprincealain said:

I think if you can't see a badge with a badge number and such on it, after having asked, you're supposed to call the police. Impersonating a police officer is highly, highly illegal.

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To be honest...I'm kind of amazed the victims didn't call the police after the guy left? I sure as hell would have. After trying to get the guy's license plate number. It'd be nice if someone could actually catch them doing something this sort of thing.

This was a portion of an email I received in 2007 from Author Support at PA:

"You are herewith put on notice that no more email messages or phone calls from you will be accepted until you apologize for your attitude. Pending your apology, do not email or call us again. Your failure to abide by this instruction will be considered harassment and reported to your local law enforcement agencies without delay."

PA doesn't understand small town Iowa. Bill is from Cresco, which is a little larger than Tipton, where I lived at the time. You know everyone in those towns, especially if you are a business owner (like Bill) or a volunteer (like me.)

I took a copy of that email to the Police Chief. His son and my son were classmates and friends. I have a letter of recommendation from the Chief.

The Deputy Police Chief lived on my block. I was his youngest son's den mother.

In small town Iowa, an individual knows all the police officers. There aren't very many of them to know.

Up until that point, I had a problem with not receiving a royalty statement and a question about an unpaid royalty. Their responses either ignored my issues or explained them inadequately.

That email was the deciding factor in my pursuing arbitration.

Any official— police included— who comes to your home must show you a photo ID. Badges and uniforms can be bought on the Internet. You then call the nearest station house (leaving the person outside your locked door) and ask if the person visiting you is legitimate.

Dear PA Lurkers,

Instead of addressing author concerns in a timely and professional manner PA sends out fake cops to intimidate writers.

Do you really think you should trust YOUR book -- much less your writing careers -- to such Brainiacs?

Don't discount it just because it happened a few years back.

Here's a rewrite of The Maltese Falcon. Bogart is the writer and Mary Astor is PA:

You know - I was thinking, yeah I know - it's dangerous when I do that, however that is exactly how I started my businesses (which all have been extremely successful - except one and I think you know which one that is).

But in real world terms - it actually wouldn't take much of a shift in their business practices for them, PA, to turn their company around and into a "legitimate" and well respected publishing company.

Of course, this would likely never be possible under the present leadership. One must be willing to actually "care" about their clients and customers.

However, I see the possibility.

In the meantime - I am presently sitting and waiting (well, I am not actually just sitting and waiting) for the registered and restricted delivery letter return - it was supposed to be there the 10th and they have 15 days so sometime in the last week of the month I should know.

In the meantime - I am not making accusations, just that I am "terribly disappointed" not so much in PA but in myself for allowing myself to be duped. I do know better, from life experiences, however these baskets full to the brim of lemons shall eventually taste really great on a "hot summer day."

God Bless all of you

Bill