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Thread: Contract termination

  1. #1
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    Contract termination

    Is a publisher allowed to take your books down off Amazon and other sites without any notice?

    I got a termination letter at 2 Pm and the books are gone already. My reviews went with it

    I'm fucking pissed

  2. #2
    Hapless Virago IceCreamEmpress's Avatar
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    Wayne, I'm so sorry that happened. Unprofessional publishers are bad news.

    When you figure out what's next, let me know and I'll give you a review no matter what.


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  3. #3
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    Thank you

    I lost all my reviews. I hadn't thought of that

  4. #4
    Such a nasty woman SuperModerator Old Hack's Avatar
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    Quote Originally Posted by Wayne K View Post
    Is a publisher allowed to take your books down off Amazon and other sites without any notice?
    Yes, a publisher can do this so long as they're working according to the contract that you've both signed.

    However, if a book is a print edition then it's unlikely Amazon would take the book down: used copies of the book will still exist, and people might still like to buy or sell them. An e-book, however, might well disappear.

    I got a termination letter at 2 Pm and the books are gone already. My reviews went with it
    Were you expecting this termination letter? Did you know that your contract was being terminated? Do you know why this has happened? (These are rhetorical questions only: do not attempt to respond to them in-thread.)

    You should still be able to see those reviews if you look for the cached versions. But hurry.

    I'm fucking pissed
    And it's showing. Wayne, you're doing yourself no favours at all by making comments like this. It's unprofessional of you, and you would be wise to rein in your frustrations.

    Talk to your publisher. Find out why they terminated your contract. I don't know who they are but I doubt that a long-standing member of AW like yourself would sign with a shonky publisher: you know better than that. So something must have gone seriously wrong in your dealings with them. If you don't know what that was already, find out. Work out why this happened; make sure it doesn't happen again; and don't stoop to making angry comments here. It won't help you one little bit, and it might land you with a legal challenge you can't afford to answer.

    And I'm sorry this has happened to you, by the way. It isn't easy. But it's essential that you protect yourself by dealing with it in a calm and professional manner.

  5. #5
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    Who has the print rights? Them or me?
    Last edited by Wayne K; 01-14-2012 at 04:50 PM.

  6. #6
    Such a nasty woman SuperModerator Old Hack's Avatar
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    Quote Originally Posted by Wayne K View Post
    Who has the print rights? Them or me?
    You're the one with access to your contract and the letter of termination, Wayne. Read them. What do they say?

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    Actually, one book is separate from the three book deal. It did not violate the contract at all. The three book deal is complicated and doesn't specify if all three had to be ready in 150 days, or if just the one violates it

    I can't afford a lawyer, so, I'll never know

  8. #8
    Such a nasty woman SuperModerator Old Hack's Avatar
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    Wayne, I'm really sorry that you're so upset by all of this: but if you didn't understand what your contract required of you, you should have found someone to check it for you before you signed it; and you should have spoken to your publisher to ensure you knew what they expected from you at that point, too.

    Trying to decipher it now it's been terminated is pretty pointless, I'm afraid. Unless you can prove real negligence and have the money to spend on a solicitor (which you've just said you don't) your time would be better spent tidying up the rights reversion, if you can, and writing something else. I'm so sorry.

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    Yeah, that's the way I see it too.

    Here's good news. Another publisher has expressed an interest

  10. #10
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    Oh, and the next book is going quite well

    Romance isn't my thing, but, I've found out that love stories are

  11. #11
    DenturePunk writer bearilou's Avatar
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    Quote Originally Posted by Wayne K View Post
    Oh, and the next book is going quite well

    Romance isn't my thing, but, I've found out that love stories are


    But I am sorry to hear this happened.
    Quote Originally Posted by Phaeal View Post
    The first draft is a huge pile of clay that you've laboriously heaped on your table, patting it into a rough shape as you go along. From the second draft onward, you'll cut away chunks, add bits, pat and punch and pinch, until you finally have a gorgeous figure of, oh, Marcus Aurelius. Or a duck. But a damn fine duck.
    Quote Originally Posted by KTC View Post
    1) Write like your face is on fire.


  12. #12
    It's a doggy dog world benbradley's Avatar
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    Quote Originally Posted by Old Hack View Post
    Wayne, I'm really sorry that you're so upset by all of this: but if you didn't understand what your contract required of you, you should have found someone to check it for you before you signed it; and you should have spoken to your publisher to ensure you knew what they expected from you at that point, too.
    I understand (perhaps not quite correctly, but hey I'm trying to be helpful) that there are peeps who can/will read your contract for free and will tell you what's good and bad about it, in short will decipher it for you. Maybe ask on Bewares and Background Checks (or do you have to mention a specific publisher when you post there? I forget, but you can read the sticky/FAQ threads there and find that out).
    Trying to decipher it now it's been terminated is pretty pointless, I'm afraid. Unless you can prove real negligence and have the money to spend on a solicitor (which you've just said you don't) your time would be better spent tidying up the rights reversion, if you can, and writing something else. I'm so sorry.
    I'd still see if you could get someone with experience with publishing contracts to read it and see what they say about it. Just because it's terminated doesn't mean it was terminated correctly, or that every part of it is now null and void, et cetera, ad nauseum.

    Maybe there's someone who knows all those Latin phrases.
    Ello.
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  13. #13
    Hapless Virago IceCreamEmpress's Avatar
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    Once the dust settles, I do think you should share your experience on the B & BC thread for this publisher.

    OH, I don't know what "shonky" means, but the publisher in question seems to have--to put it kindly--an idiosyncratic idea of professionalism. Take a look at their website and see what you think. (Wayne, your book is still up at BarnesandNoble.com, btw.)


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    The reason given for termination was lack of promotion. A Life Gone Awry has its own Face Book page with 120,000 views, has been in three newspapers, had a release party on Face Book, and has been accepted for a silent auction by the Marcus Hook Preservation Society. I also have an author page, a blog, and a book page. A Goodreads Page, and an Amazon page. It is promoted on Troubled Teen Industry. com, Fornits, and several other sites.

    ETA: I was also on Susan Schofield's radio show twice and She, her husband and their foundation have promoted my books, and they were on 20/20 last summer, and were on Oprah.

    CAFETY and Program Watch also promoted my books because I gave them the royalties. Rough guess, between them, 50,000 to 100,000 fans, likes and members reached

    Plus, I almost scored a movie deal with Nick Gaglia, but Danny Bennison screwed it up. (BTW, all of this was done while he was stalking and harassing me)

    I don't know what more I could have done.

    This all started when I asked about them not nominating my book for an IPPY. I was assaulted for asking. So, I asked why they nominated their own books. Books I had no idea were theirs when I signed with them because they used pseudonyms.

    To be fair, I knew one.

    The other thing I was criticized for is not running around 5 starring my fellow author's books on Goodreads. I don't do that.

    I was asked to start a website, and promote my fellow authors. That's not my job, it's theirs

    Speaking of their job. Not one review, interview, and the only blog was the one I wrote. The title is a typo on page iv, and "it's" is used as possessive on the back cover blurb. They also copyrighted Street Life as a novel, so it wasnt eligible for an IPPY. I think it would be a contender.

    They claimed that reviewers want money, and I assumed that was true, but, I found it's not. Once again, not my job

    The contract specifically says "Author will activly participate in the promotion of his books"

    I know I've done things wrong. I'm new to this, and thought I did a pretty good job selling 130 books at $6.99 and $11.99. I got a nasty e-mail saying they have books that outsold all of my books combined.

    I got this

    You still do not have a website that has any links to where the books can be purchased or to any of the other authors in the house. You seem to be under the delusion that your book is a field of dreams, and since you wrote it, they will come, so therefore you don't have to do anything. This will come as a shock to you, but you are definitely not our top seller. All sales of your three books combined do not even come close to monthly sales of other books
    You bet I'm angry. I asked for the titles that outsold mine, and got no response

    If complaining about them ruins my writing career, so be it. Is this their attempt to ruin it? What will people think if they find out my books were terminated, and I say nothing?

    Anyway, this was the best thing that ever happened to me, and now, it's one of the worst. I'm not just angry. I'm hurt, deeply. i spent two years writing these books, and 10 months promoting them. Not to belittle other genres, but the emotion of writing memoirs like this is off the chart. I've contacted AW members in tears. I kicked a table through my ceiling. I cut myself. I admitted to things no normal human being would consider. I put a lot more than work into them

    I can substantiate everything I said here
    Last edited by Wayne K; 01-15-2012 at 10:17 AM.

  15. #15
    Such a nasty woman SuperModerator Old Hack's Avatar
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    Wayne, I appreciate that you are not happy. But complaining about your publisher like this on AW is not going to make things any better for you.

    You need proper legal advice. You've already said that you can't afford a lawyer, but there might well be writers' organisations which provide such advice for free. You might want to look into that. Meanwhile, as you can't afford legal representation you have to stop waving your complaints around in public like this. It's likely to get you into deep trouble, which could be far worse than having a couple of book contracts terminated.

  16. #16
    'Twas but a dream of thee El Jefe MacAllister's Avatar
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    Wayne, my understanding from a variety of different sources (including your own post history and facebook feed) is that, among other things, you've completely failed to deliver a book you were contractually obligated to write. This is clearly not nearly so simple as the "my publisher done me wrong" story you're wanting to feed us.

    I'm only going to express my complete support for Old Hack's very smart decision to lock this thread, and second her very sound advice to you: shut the fuck up, figure out what your contract actually said, deal with your publisher like a grown up instead of like a tantruming five-year-old, and do NOT bring this one-sided drama-queen melt-down onto my forums.

  17. #17
    'Twas but a dream of thee El Jefe MacAllister's Avatar
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    Postscript:

    As WayneK has now written threatening to sue me and sue AW, he will no longer be a participating member of this community.

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