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[Publisher] Big Bend Productions / Marfa House

Futterbly

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Author contracts are binding. Verbal contracts can be binding. The emails you exchanged discussing the situation might well add to the agreement if there was no formal contract.

You need to take legal advice from a qualified professional.

And about the Author contracts... I knew that and I was abiding by it patiently for a year.

A couple of days after becoming MH author, I was approached to do the illustrations and cover designs for a few books. Since I was in the inner circle for a year I knew the reasons why it kept getting pushed (2 were published, first one was on time; 3rd book series got delayed) but I was still willing to wait, until the Book 1 release date moved from September 2016 to October 2017. Since I knew that I won't get paid for all the work I decided to get out of the author contract and leave the pay as termination amount.

I did get 10% of the total payment, though.
 
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Old Hack

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Thank you so much, Old Hack!

I got the answers I was looking for. If it is my artwork is 100% original and done by me, it's mine but to be sure I must still get a legal opinion before using it.

No, it isn't yours. It depends on the conditions under which you created it. Get a proper legal opinion because if you've reached that conclusion from reading my posts, you're in trouble.

The parts in bold - I created the design/illustrations especially children's book art work (only used a couple of images from public domain)

How do you define "from public domain"? Because there's a huge difference between using artwork for private or commercial use, and many people's understanding of public domain is very skewed.

and someone else did the typography for a year. Later, for all the unpaid work I was told that the amount that I am suppose to get will be considered as 'termination fee for the breaking these contracts' So I was told I shouldn't use my designs. My payment became the termination fee but I was able to get my books back.

I still don't understand.

If you paid or were paid a termination fee for breaking contracts, the work was carried out under contract and might well belong to your employer in this case, not to you.

What do you mean by "did the typography"?

Again, I stress. Get proper legal advice. The stuff I've told you is not legal advice, and you have to be very careful.
 

Futterbly

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No, it isn't yours. It depends on the conditions under which you created it. Get a proper legal opinion because if you've reached that conclusion from reading my posts, you're in trouble.

How do you define "from public domain"? Because there's a huge difference between using artwork for private or commercial use, and many people's understanding of public domain is very skewed.


My conclusion from your post was that I must consult lawyer but if the work is 100% original it's mine. :)
One of my relatives is a senior lawyer at London HC and my uncle is an MP; I talked to them after your suggestions. Whether they paid or not is a whole new discussion. BUT I told the company I will design my own books' covers and I will not take any payment for them, which means its mine.
While I designed the covers other senior graphic designer typed the fonts on my designs, title and the blurb on the cover (typography). So ONLY for my books I can use the cover without the fonts/title etc, designed by the company.

When I designed the book cover for a historical figure I took the pictures from the website which are free to use and added graphics to design the cover. I know I don't need the designs I did for other books. It's just that I am looking for clarity and answers regarding my designs for my books.

I still don't understand.

If you paid or were paid a termination fee for breaking contracts, the work was carried out under contract and might well belong to your employer in this case, not to you.


The company was suppose to pay me $XYZ amount for my entire work; when I requested them to publish my book after waiting for almost one year they gave me two choices. 1. Pay $ABC and cancel the contracts 2. OR wait another five months for the book release.

I knew I was never going to get paid as I waited for a VERY long time... at this point everyone I worked with left the company except one.
So I was forced to remind them that they owe me $XYZ and I don't have to pay $ABC. (The amount was almost equal to I should get) At first they were not ready to release my books back to me and still terminate my author contract.

However by God's grace and just because they knew about my family or may be they didn't want to hurt me, they let me go.

I do want to say that I don't have any anger or grudges against them. They seem like very nice people doing a few wrong things.

I am letting my family lawyer take care of it in case I have any future issues. I am going to be alright I suppose..

I am grateful to this website and to you for pointing me in the right direction.
 
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Old Hack

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Futterbly, there are too many issues in your post for me to respond to easily, and without risking slipping into giving you legal advice which I'm not qualified to give. And as it's clear you don't understand much of what you're working with, or the issues with using images for commercial gain, and so on and so forth, I urge you to seek legal advice from someone who is an IP lawyer--unless your relative specialises in this area he won't be any help at all, and being an MP is certainly no qualification here.
 

read2live

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One of the things Futterbly should have pointed out is that she is in another country other than the US (I know her personally), so some of the laws in her country may vary vastly from those in the US, so beyond everything else, we are dealing with international law as well. The artwork she is referring to is artwork that was done by hand, for her own book, and is artwork that she was using previous to her coming to MH. She had previously published some of her books in a self-publishing situation. She brought those to MH. Others were new works that were published but the artwork was original and things that she physically created by hand. The public domain things she refers to were things that were free use under creative commons without restriction. This was checked thoroughly at the time. I have personal knowledge that they were free use without restriction under creative commons.

For the sake of clarity, I will fully and completely out myself at this point. I was the former and original vice president of the company. I do have personal, firsthand knowledge of the conversations and exchanges that she is referring to, and precisely what was in said contracts. While fully outing myself at this point may open me up to some backlash, I feel it is what I need to do at this point in time. This company has taken away too much from me already, and I will not allow them to take away my dignity at this stage.

Everything done by this company is in an effort to cover their own behind with no regard for anyone else. Every piece of paper they send out has so many holes in it that it may as well be a piece of Swiss cheese that would never hold up in court. I have had these reviewed by a legal professional in the US, and was told that they belong in the restroom, as they were useless as a legal document and no judge would abide by what was stated in said documents, including the document that supposedly legally prevents me from writing this post. They require notarization, and yet they made exceptions for several people and allowed their contracts to go into effect without the notarization. Several authors had books published and had still not even received contracts for those works. They claim to have any open door policy, but anyone who disagrees openly with the owner is discarded. Then she turns around and blames the disparity on a member of the staff if the problem is an author and she needs to save face. I have seen this happen twice, and I was the member of staff blamed. She vehemently denied saying anything negative about me, but as vice president, I had access to all email accounts, and the company Facebook, and I saw the messages and emails for myself.

Almost no one except those that were practically in the owner's pocket received payment, and you practically had to badger the woman to get any sort of money at all. It is a disgrace. And yet, constantly, money would go out of the business PayPal account for personal purchases, which is beyond unprofessional. So, there was no money coming in to pay authors and staff, but she had money to buy things she wanted to buy? I never could reconcile that.

Like I said previously, technically there was a document all staff and authors signed that would prevent any of us from actually commenting here, and it is why so many of us that have commented, myself included, up to this point have stayed behind our veiled anonymity. I have it on fairly good authority that that document is garbage, but whether it is or not, I don't really care. My moral and ethical principles tell me that speaking out and telling you all who I am so that you can know that I have a basis for what I say is the right thing to do. They've already taken too much away from me and I have lost too much thanks to this company. I will not lose anything else.
 
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Futterbly

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Futterbly, there are too many issues in your post for me to respond to easily, and without risking slipping into giving you legal advice which I'm not qualified to give. And as it's clear you don't understand much of what you're working with, or the issues with using images for commercial gain, and so on and so forth, I urge you to seek legal advice from someone who is an IP lawyer--unless your relative specialises in this area he won't be any help at all, and being an MP is certainly no qualification here.

I understand. I really do appreciate your suggestions. I will be careful, from now on if I ever use a publishing company again. If I can't handle things on my own, I will certainly let my family handle things their way. Personally, it doesn't matter if they're influential people or from higher positions. I don't ever want to use my family's connections to achieve my dreams. I know I am free and not bound by any old contract rules but if things go out of my hands I will take their help. They have dealt a lot bigger problems than my silly publishing issue.
 
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Old Hack

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I don't ever want to use my family's connections to achieve my dreams.

Then I'm not sure why you keep mentioning them. They are not pertinent to this discussion.

I know I am free and not bound by any old contract rules

You might be. Many contracts have clauses which could still cause you problems even now this publisher has agreed not to publish your book.

I strongly suggest you learn a lot more about publishing before signing with another publisher. Spend some time here, reading up about how publishing works; look at Writer Beware; join in with discussions about how to find a literary agent, and a reputable publisher. It will help you a lot.
 

Futterbly

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Then I'm not sure why you keep mentioning them. They are not pertinent to this discussion.


I agree I mustn't mention them but that's what got me out of the trouble. Since its done I will not let that happen again.


I strongly suggest you learn a lot more about publishing before signing with another publisher. Spend some time here, reading up about how publishing works; look at Writer Beware; join in with discussions about how to find a literary agent, and a reputable publisher. It will help you a lot.



This I will do... thank you SO much!!!
 

Marketeer

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First of all I want to say that this bashing has gone on for too long. I say this because the negative comments are being posted by disgruntled ex staff and or authors who were let go because they were all bad apples. This one who claims that she was the vice president and knows everything that went on is lying, along with the others. I am their business consultant and I highly recommended that she along with several others not to be brought on board for this very reason. The reason they were brought in is because the owners were wanting to give them a chance to get into the publishing world. The owners and I as there business consultant had several private meetings of which no one else was even aware of. What they are all doing is breaking their non disclosure agreement which gives Marfa House grounds for a lawsuit. This ex vice president had NO access to any financial records and so she COULD NOT have know anything about the financial aspects of the business. So when she claims certain people were NOT getting paid it is just another lie. She claims that the publishing contracts have holes in them, well she is the one who edited them. The contracts along with most everything she did had to be redone. This ex vice president claims she gave a lot to the business which is just another lie for it was the business who gave her a lot including her foot in the door to the publishing world along with a job. So all these people were terminated due to their unprofessional conduct, which is what any other business would have done.
 

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First of all I want to say that this bashing has gone on for too long. I say this because the negative comments are being posted by disgruntled ex staff and or authors who were let go because they were all bad apples. This one who claims that she was the vice president and knows everything that went on is lying, along with the others. I am their business consultant and I highly recommended that she along with several others not to be brought on board for this very reason.

"Business consultant”—Really?

You are Delfin Espinosa. Stop pretending that you aren't one of the two owners of Big Bend.
 
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Old Hack

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[...] I am simply one of their authors. [...]

I am but an author who does REAL research and discover for myself what is the real truth. STOP assuming, do real research and get a life.

[...]I am their business consultant and I highly recommended that she along with several others not to be brought on board for this very reason. [...]

You might want to keep track of what you've said before. It gets embarrassing otherwise.
 

aliceshortcake

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Mr Espinosa, you were outed in post number 58 of this thread. Perhaps you should re-read the whole thing from the beginning.
 

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Marketeer can come clean or stop posting.

I've grown weary of his transparent mendacity.
 

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Mr Espinosa, you were outed in post number 58 of this thread. Perhaps you should re-read the whole thing from the beginning.

Actually, I outed him in post 51.

He's logged in right now and reading this thread.
 

Marketeer

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First of all for all you geniuses that think you are correct think again. These people that were on the staff with Marfa House should know that there is but ONE owner and she is a female NOT a male. EVERYTHING I have said is CORRECT. I am an author and I have done research on many things for over 30 years. There is NO NEED to reply to this as I normally don't go on these ABSOLUTE WRONG sites since pretty much everything people put on here is WRONG mostly by bad apples, ex Marfa House staff and others that BLINDLY join their band wagon. As I stated earlier these people have BROKEN their non disclosure agreement so if you want to be involved in the lawsuit then go right ahead.
 

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First of all for all you geniuses that think you are correct think again. These people that were on the staff with Marfa House should know that there is but ONE owner and she is a female NOT a male. EVERYTHING I have said is CORRECT. I am an author and I have done research on many things for over 30 years. There is NO NEED to reply to this as I normally don't go on these ABSOLUTE WRONG sites since pretty much everything people put on here is WRONG mostly by bad apples, ex Marfa House staff and others that BLINDLY join their band wagon. As I stated earlier these people have BROKEN their non disclosure agreement so if you want to be involved in the lawsuit then go right ahead.

Find someplace else to be duplicitous. If you're not going to be honest and admit that you are Delfin Espinosa (which your IP and email address and other profile data indicate) you can sit down and be quiet.

And Big Bend has already threatened to sue, so you go right ahead and do what you gotta do.
 
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AW Admin

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Marketeer is banned; he can't respond.
 

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Aw, but there was still some candy left in that pinata!
 

AW Admin

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Aw, but there was still some candy left in that pinata!

At the point where he makes a public lawsuit threat, I'm not willing to give Marketeer a platform to bloviate.

Plus he gives my screen reader conniption fits.
 

aliceshortcake

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All that drama and we still don't know exactly what "libellous" statements Marfa/Big Bend objected to.
 

Filigree

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From experience with similar businesses, probably info exposing a company's unprofessionalism and chronic malfunction. Like Admin, I lose all interest the second legal threats are flung around. For anyone still signing with such outfits...I wish 'em luck. And better Google Fu.
 

aliceshortcake

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Just when you thought Big Bend/Marfa swag couldn't get any sillier than footed pyjamas, along comes...edible swag.

We can use the cover of your book, an image of your characters, the setting, your name, or your logo.
https://www.bigbendpro.com/edibleswag

They'll even design an image for $20. What can they use the promotional images on? Ludicrously overpriced drink mix sachets, brownies, cake pops, cookies and chocolates. You can have so many edible goodies at your book-signing there won't be room for any books on the table! The prices don't include shipping and there's a $5 handling fee. A dozen cake pops bearing your promotional image will therefore set you back at least $46.95 (£36.04). Yummy...

As for the books, just in case anyone doubted that Marfa House is basically a self-publishing front: of the four new releases two are by Allison Bruning. She wrote or illustrated all three of the upcoming releases, although I suspect that two of these are no more than pamphlets. I don't know for sure because the links don't work.
 
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aliceshortcake

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I recently came across Allison Bruning's 9-page pamphlet The Gibson Girl - the cover of which is graced with a picture of a woman in the costume of the 1880s - and wondered if Marfa House/Big Bend is still in business. The website has vanished, Marfa's Twitter account has been dead since 2017 and Bruning's Facebook makes no mention of her being a publisher.