- Joined
- Feb 20, 2008
- Messages
- 275
- Reaction score
- 7
I feel really sorry for Damnation's authors caught up in such a tangle. It's all about kill fees. What a shame.
Perhaps, but they won't be.Since this is the same publisher as the Eternal Press thread, could both threads be amalgamated into one?
I agree with the mods here. Seek out legal aid. It's better to talk to an actual lawyer then to just speculate.
It's not worth getting lawyers involved unless there are big bucks at stake. Damnation is strictly nickel and dime stuff. Alex did the right thing. He didn't agonize over contracts, he simply published his book elsewhere. I hope it's a great success.
IANAL, but let's please not tell others that violating a contract you signed is "the right thing" to do. It is not, and I certainly hope Alex doesn't find that out the hard way.
If the contract is bonafide, I agree. But in the case of Damnation there seems to be so much confusion with a contract crossing international boundaries three times, etc. There's got to be a legal clinic or something where an author can simply email all the documents involved, without having to pay an arm and a leg for the advice.
...They were unwilling to negotiate, so I asked to be released from my contract. At this time, they sent me a letter charging me a $800+ “termination agreement.” ... When I refused to pay the fee, Kim Gilchrist told me that unless I paid it they would go on and publish the book without my support.
Believe me—I tried everything to negotiate—I even offered to PAY some of the legitimate fees in order to see a new cover designed for the book—but they refused. It was either, “Pay us 800 or shut up and sit down.” I also spoke to a lawyer—he agreed with Ms. Strauss in myself: Damnation Books would never get away with a kill fee in court, but they did have the rights to publish the work. So as of now, despite my pleas, Damnation will be publishing “The Berserk” in March (you can find it on damnation’s website).
In Alex's own words (itals mine):
There is no confusion. Alex signed a contract assigning publishing rights to Damnation. He requested the termination of that contract and his request was refused. A lawyer who has presumably seen all the documentation has confirmed that his contract is still in force.
The only confusion as to what is and is not valid is largely coming from commenters here who are not in fact attorneys and are not educated in contract law. The opinion of the only attorney whose opinion truly matters in this case--Alex's own attorney--is that the contract is valid.
What Alex is doing is in violation of the contract he signed. It is not "the right thing." There is no actual evidence that the contract is not valid for any reason. We've seen people--usually PA authors--advised to do this same thing, or play the "Just change the title and they'll never know" game, many times here and our advice is always the same: Do not do this. You could be sued. Get the rights back in writing, or wait out the contract term, or move on to another project.
And for those who asked:
http://www.publishlawyer.com/
They aren't supercheap, but if several people go in on one consultation that could work.
.
And for those who asked:
http://www.publishlawyer.com/
They aren't supercheap, but if several people go in on one consultation that could work.
.
In Alex's own words (itals mine):
There is no confusion. Alex signed a contract assigning publishing rights to Damnation. He requested the termination of that contract and his request was refused. A lawyer who has presumably seen all the documentation has confirmed that his contract is still in force.
The only confusion as to what is and is not valid is largely coming from commenters here who are not in fact attorneys and are not educated in contract law. The opinion of the only attorney whose opinion truly matters in this case--Alex's own attorney--is that the contract is valid.
.
Bolding mine.No royalties of any kind shall be paid to the Author until this Amendment (and for US residents, this includes the W-9 tax form) has been completed, signed and received by Damnation Books, LLC/Eternal Press.
This document constitutes an amendment to the afore-mentioned contract. All provisions of that contract, except those which are explicitly changed above by this amendment shall remain in full force and effect.
Okay, I must be missing something here. Alex said he wanted out, and he was hit with a termination fee demand in the amount of some $800.00, when there is no termination fee clause in the contract he signed with Damnation. Yet, Alex just has to put up and shut up and wait out the contract term???????
I don't think so.
Let's try: Kim should be charged with attempted extortion. She is in the wrong here, not Alex.
Bolding mine.
I don't care what an amendment states, the publisher who took over a contract is bound by the original terms until all parties to it sign the amendment changing those terms. So until that happens, the original contract terms remain in force.
This in effect is a form of blackmail that a reasonable court would refuse to enforce. So, until you sign the amendment, Damnation Books and Eternal Press are required to comply with the original contract and you don't need an attorney to figure that out. Why else does anyone think they want your signature?
This is the contract Alex signed with Damnation Books. I have his okay to post it here. As you can see there is no termination fee clause:
Just an FYI most lawyers, and many online legal services, will write letters for around $50 to $75. If several authors sent those regarding her demands it might serve as a wake up call that she can't blackmail her authors this way.
That contract is a binding agreement between two parties. If Alex signed that contract, he is bound by the terms and conditions until he has written termination from the publisher or a court orders the contract terminated.
The termination agreement document is meaningless unless he signs and returns it.
I strongly urge Alex to pull the other version of the book that he is offering for sale and to seek the counsel of an attorney who specializes in intellectual property law.
~brianm~