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Domhan Books

paladinb

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I'm not sure if anyone can help me or if this is even the right place on the forums but here goes. Way back in 1999 I was lucky enough to have my novel Paladin published as en e-book by a POD publisher called Domhan Books www.Domhanbooks.com. After about six months they decided to bring it out in a paperback format which was available from not only their website but also amazon,barnes and noble, whsmith and several others.

Well over a year ago everything went wrong I stopped getting my statements(I was getting them twice a year) my book is no longer available on any of the afrementioned sites except as second hand copies(Ther is no sign of it on domhan's site along with a sizeable amount of their books) and I have had no explanation for this. There is no contact information on their site except for a mailing address(no email address which I think is strange as they used to have several). I have tried using the email address I orginally had as well as letters and faxes but to no avail.

I have no idea what do now and where I stand legally in terms of the rights to the book i.e. can I take my book to another publishers?

Any help or advice anyone can give would be a great help.
 

DaveKuzminski

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Check your contract. It may have expired. If so, they may not have renewed it because the book wasn't selling enough copies.


Yes, it would be nice if ALL publishers took a moment to at least admit that in a short, friendly letter, but many of them just don't or they have reason to believe that you'd rather be with another publishing house and don't try.
 

paladinb

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DaveKuzminski said:
Check your contract. It may have expired. If so, they may not have renewed it because the book wasn't selling enough copies.
.

Thanks for the advice I'll check my contract if it has expired does mean I'm free to approach other agents/publishers? I'm just worried in case they turn round and say they still own the rights as they did the editing on the book so I want to make sure my bases are covered.
 

DaveKuzminski

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Unless your book was selling very well, it's doubtful that any publisher will want it as a reprint. This is a case where you may have to resort to Lulu if you want to see it remain in print.
 

paladinb

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DaveKuzminski said:
Unless your book was selling very well, it's doubtful that any publisher will want it as a reprint. This is a case where you may have to resort to Lulu if you want to see it remain in print.

so there's nothing I can do with it once I got the rights back i.e revamp/rewrite. title change?

what's lulu?
 

James D. Macdonald

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paladinb said:
so there's nothing I can do with it once I got the rights back i.e revamp/rewrite. title change?

what's lulu?


Once you have the rights back you approach other publishers who handle the kind of book you have, and ask if they're interested in reprint rights. Don't rewrite, don't change the title.

Write another book. Sell it. Sell the reprint rights to this book along with the rights to the new book.


Lulu is a printer. Marketing, publicity, distribution ... you're on your own.
 

MadScientistMatt

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Lulu.com, a POD printer with zero to low setup fees, a rather author-friendly contract, and not very much in the way of smoke and mirrors. But you could certainly try and see if a commercial publisher will buy reprint rights first.
 

paladinb

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James D. Macdonald said:
Once you have the rights back you approach other publishers who handle the kind of book you have, and ask if they're interested in reprint rights. Don't rewrite, don't change the title.

Write another book. Sell it. Sell the reprint rights to this book along with the rights to the new book.


Lulu is a printer. Marketing, publicity, distribution ... you're on your own.

Ok well many thanks for the advice you've been a great help
 

victoriastrauss

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Writer Beware has gotten a number of complaints over the years about Domhan, including copyright theft (the owner of Domhan ran a literary agency before she started the publisher, and apparently published a number of the literary agency's clients without getting their permission), minimum purchase requirements (authors say they were required to buy their own books), failing to inform authors they were liable for setup fees, and failure to pay royalties due.

In early 2003, I got complaints of publication delays and nonresponse--unanaswered snail- and e-mails, unanswered phones, unfilled book orders. Authors seemed to think the publisher was going out of business. Since then, I've heard nothing. Judging by information on Amazon.com, Domhan books published in 2002 and earlier still appear to be available, but nearly everything after that is listed as Special Order or Currently Unavailable. There are no books with publication dates later than February 2004. It certainly does appear that Domhan is defunct.

Unless your contract is time-limited, that leaves you in an uneasy position as to rights--especially if you were required to initiate a formal process in order to get your rights reverted to you once your book went out of print. If you were, and you didn't do this, the publisher (whoever and wherever it is) still has at least nominal title to your rights. Apart from all the other issues of reprinting, etc., it's unlikely that a publisher would be interested in a book where there's any ambiguity about who is the actual rights-owner. Another issue: I looked up your book on Amazon, and it appears still to be in print and available.

This is a very tangled situation, and I strongly suggest that you seek legal advice. On the Overview page of Writer Beware (http://www.sfwa.org/beware/overview.html), there's a section on Legal Recourse that provides links to the American Bar Association Lawyer Referral Service and also Volunteer Lawyers for the Arts (a volunteer organization that specializes in providing legal assistance for people in the arts). Either service will arrange an initial low-cost or pro-bono consultation for you to discuss your situation, after which you can decide on what further action to take.

- Victoria
 

RoccoMom

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I submitted manuscripts to Domhan when i first started writing and their reply (rejection) back was not very nice. They strongly suggested i get professional doctoring on my novel, and when i rewrote it and sent it back, sent back another rejection criticizing me for not following their advice.


I heard awhile ago they were in trouble. I can understand it.
 

Julie Worth

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MadScientistMatt said:
Lulu.com, a POD printer with zero to low setup fees, a rather author-friendly contract, and not very much in the way of smoke and mirrors. But you could certainly try and see if a commercial publisher will buy reprint rights first.

Why wait? Why not sell it through lulu and booksurge, and try to sell it to a commercial publisher? After all, the first rights are already gone.
 

Julie Worth

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James D. Macdonald said:
Julie, that's some spectacularly bad advice.

It was actually a question. Why wait? Lulu and Booksurge are nonexclusive, and neither will tie him up with a contract. So why do you think that selling his book would be a bad idea?

Assuming he gets the rights back, of course. I didn't mean to suggest he sell what he doesn't own. Only that he not wait on a regular publisher to pick it up.
 

James D. Macdonald

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Having an edition out from Lulu and/or Booksurge is likely to guarantee that he won't have a regular publisher pick it up, and sales through Lulu and Booksurge combined aren't likely to be worthwhile.

I'd query every publisher in Writer's Market first, and only if every one of them turned me down would I even consider self-publishing or vanity publishing.
 

Julie Worth

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James D. Macdonald said:
Having an edition out from Lulu and/or Booksurge is likely to guarantee that he won't have a regular publisher pick it up, and sales through Lulu and Booksurge combined aren't likely to be worthwhile.

I'd query every publisher in Writer's Market first, and only if every one of them turned me down would I even consider self-publishing or vanity publishing.

Why would that guarantee anything? The book has already been out by a POD publisher. And with lulu and Booksurge, he can withdraw it almost instantly if he needs to. Even regular publishers are using POD to keep their lagging titles in print. So how could that possibly be a factor in picking up the book?

If the book had sold poorly the first time around, then that alone may be the deciding factor, and selling a few thousand on his own might be the only way to rescue it. I agree that self-publishing is the last resort, but with this book now six years old, isn't it time?

Anyway, the question may be moot, as Paladin is still avaliable. See here.

But it's not done well in those six years.
Availability: usually 24 hrs.
The Amazon sales rank: none.
Number of reader reviews: none.
Editorial review: "An enjoyable romp, with exotic locales, a thrilling set of villains, and a rather unlikely hero." That's it, the whole thing.
Cover image: generic.
Search inside: no.

Obviously, the publisher has done little to help this book at Amazon. Still, it's surprising that the author didn't get someone to review it.
 
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paladinb

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recap on domhan books

HI all not been here in ages been busy working on a new book. Anyway a if you read through this post you can see some of the problems I had with Domhan books some months ago I finally got a reply to one of my emails.

From: [email protected] [mailto:[email protected]]

To: Nugent Barry
Subject: Re: Query from author of paladin ISBN: 1583453652 published by domhan books

All rights revert back to you, and we can give you a letter to this effect if you require it for approaching new publishers or agents.

We wish you luck in placing your book with a new publisher.

--
Domhan Books
www.domhanbooks.com

-------------- Original message ----------------------
From: Nugent Barry <[email protected]>
> Good morning
>
>
>
> Paladin ISBN: 1583453652, which you published back in 1999, appears to
> no longer be available from your main website what is the reason behind
> this? If it has been dropped from your lists then I would like to know
> what happens to the rights of the book if I want to approach other
> publishers.
>
>
>
> I await your response
>
>
>
> Barry Nugent
>

I've never received a letter as promised (I requested it several time but no response) and when you go to their site www.domhanbooks.com it looks all but defunct but I have no idea if they've gone under or what. So I'm unsure were I stand legally.

Any help or advice would be greatly received.
 

JennaGlatzer

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Hi Barry,

I'm deleting your other thread because our rule is to have just one thread for each publisher/agent. I hope someone more knowledgeable than I am about your situation will be along to advise you soon. :)
 

AC Crispin

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Domhan is Defunct

According to what Writer Beware has been able to discover, Domhan is now defunct.

You may have to do some work to track down the people who owned the company so you can write to them and get your rights release.

They were a scam anyhow...

It might be wise, once you've located them, to have a lawyer write your letter for you, and to send it registered mail, etc.

-Ann C. Crispin
Chair, Writer Beware
www.writerbeware.com
 

paladinb

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first off sorry for the double post...didn't realise

thanks AC (this is the first bit of info have had on them after months of searching) can you answer a few questions for me if poss

1) can u give me any info on how you found out they were defunct?

2) How do you know it was a scam?

3)I take it that means the email isn't enough to prove the right are now mine..though I think in the contact I signed the right revert back to me after five (though I'll check it tonight)

Again many many thanks.
 

Nickie

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Domhan Books... that was the first "publisher" who answered to my query letter, and who told me how they loved my story... They said they would offer me a contract, which I never received. By then I realised it was a scam. There are many like these lurking around, so better be aware!


Nickie
 

paladinb

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James D. Macdonald said:
Ann, together with Victoria, run Writer Beware. I'd call her naming Domhan a scam to be expert testimony.

Victoria suggested you consult counsel. That's good advice.

I hope my words weren't taking out of context. I'm not doubting what Ann's said I appreicate her advice but I'm trying to gather as much info as possible. I thought maybe Domhan Books had just gone bust but now I'll being told the publishers of my first novel were scamming me. I just want to find out if writers beware had any info on the type of scam they were pulling.