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Thread: Capri Publishing

  1. #1
    New Fish; Learning About Thick Skin
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    Capri Publishing

    I'm not sure here is where I ask this question, but here goes, "Does anyone know anything about Capri Publishing?"

  2. #2
    Your Genial Uncle Absolute Sage James D. Macdonald's Avatar
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    Seems to be a micro-miniature startup POD press.

    They have a do-it-yourself, non-standard contract: "The author will receive forty percent of the profits of the sale of each unit of work." What exactly does "profits" mean? It's undefined. At best, it could be "net." At worst it could be "what's left after the Publisher's vacation is paid for." They seem to want more rights than they have the ability to use, but what exactly the contract covers is ... mysterious.

    My personal opinion? Amateur night. Keep looking.



  3. #3
    New Fish; Learning About Thick Skin
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    Thanks. I'm new at this so any and all help is awesome.

  4. #4
    Sick and absent Shweta's Avatar
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    Retrieved: Question about Breach Of Promise?

    Jo Scott:
    Found this in a publishers website...anyone know what it means or is it just me who doesn't get it...I keep seeing it as saying that author cannot sue...for breach of contract.

    "The publisher holds the author harmless from litigation resulting from breach of promise of the publisher.
    The author holds the publisher harmless from litigation resulting from breach of promise of the publisher."
    _____________________________________________

    janetbellinger:
    Quote Originally Posted by Jo Scott
    Found this in a publishers website...anyone know what it means or is it just me who doesn't get it...I keep seeing it as saying that author cannot sue...for breach of contract.

    "The publisher holds the author harmless from litigation resulting from breach of promise of the publisher.
    The author holds the publisher harmless from litigation resulting from breach of promise of the publisher."
    Doesn't sound good, does it?
    _____________________________________________

    Jo Scott:
    Nope...I know its a pod, but they promise to do a few things like promote...so did PA?

    http://www.capripublishing.net/

    Just checking since I know a few who want to publish there and have already signed on.
    _____________________________________________

    Snitchcat:
    Quote Originally Posted by Jo Scott
    Found this in a publishers website...anyone know what it means or is it just me who doesn't get it...I keep seeing it as saying that author cannot sue...for breach of contract.

    "The publisher holds the author harmless from litigation resulting from breach of promise of the publisher.
    The author holds the publisher harmless from litigation resulting from breach of promise of the publisher."

    So... basically, if I've read that right: if the publisher does something that's out of contract, then the publisher can't sue the author (that's illogical anyway); and if the publisher does something that's out of contract, then the author can't sue the publisher.

    Is my understanding correct?
    _____________________________________________

    Jo Scott:
    Yes.
    _____________________________________________

    victoriastrauss:
    This small publisher appears to have published just four books. All have delayed shipping (2-3 weeks or 5-7 days) which suggests to me that they don't work with a distributor. I'd suspect very limited ability to distribute and market books (this is also suggested by the fact that none of the books released so far have professional reviews).

    - Victoria
    _____________________________________________

    JanDarby:
    "The publisher holds the author harmless from litigation resulting from breach of promise of the publisher.
    The author holds the publisher harmless from litigation resulting from breach of promise of the publisher."
    This makes NO sense. In fact, it's circular. The publisher is saying, "If I'm liable for Breach of Promise [more on that below], then I'll reimburse you for any expense you incur. BUT, if I'm liable for B of P, then YOU will reimburse me for any expense I incur." So, the publisher pays the author the author's expenses, and then the author pays the money back to the publisher, along with additional expenses of the publisher? No sense at all. Probably meant to say each would indemnify the other against their respective breaches, and the last word should be "author," not "publisher."

    BUT, and this is where it gets really weird, at least in the United States, "breach of promise" refers to a very specific promise, and not to breaches of contract terms generally, but only to breach of the promise to MARRY someone. And in most, if not all, jurisdictions, that cause of action has been abolished.

    JD, not giving individual legal advice, just general information.
    _____________________________________________


    _____________________________________________
    Shweta Narayan
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  5. #5
    Robert Toy
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    Question about Breach Of Promise?

    The term “Breach of Promise” is not applicable to a Publisher/Author Agreement, a Breach of Promise is specifically a violation of one's promise, esp. of a promise to marry a specific person.

    Here is a standard set of clauses that would apply to a Publisher/Author Agreement.

    INDEMNITIES AND INSURANCE

    The Publisher agrees to indemnify and hold harmless the Author, against all claims, liabilities, damages, costs and expenses for loss of or damage to property, including but not limited to property of the Publisher, the Agent and third parties howsoever arising directly or indirectly out of acts or omissions of the Publisher, its subcontractors and their respective agents and/or employees in connection with the performance of this Agreement, except in case of gross negligence or willful misconduct of the Author.

    The Author hereby agrees to indemnify and hold harmless the Publisher, its directors, officers, employees, and agents from and against all claims, liabilities, damages, costs or expenses for the loss of or damage to property, including but not limited to property of the Author, the Publisher or third parties, howsoever arising directly or indirectly out of acts or omissions of the Author in connection with the performance of this Agreement, except in case of gross negligence or willful misconduct of the Publisher, its agents and employees.

  6. #6
    Gone
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    Robert, are you a lawyer?
    Winner of Uncle Jim's Whoo Hoo Super Writer Award and Nomad's Most Use of Vowels in a Screen Name Award as well as Maryn's Only Person on AW Whose Name Anagrams to "I, Octane," "Act I (One)" and "Nice tao" Award in addition to batgirl's Culpeper Award for Botanically Erudite Screen Name plus awatkins' AW's Most Creative Srounger [sic] of Rep Points Award not to mention azbikergirl's Arizona Most Awarded Writer Award and also Dawno's Most Interesting Signature Line Award

  7. #7
    Robert Toy
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    Quote Originally Posted by Aconite
    Robert, are you a lawyer?
    Most people don't know that I...:
    failed the Ohio Bar, my Birth Certificate had a name next to Father:

    Spent the last 25 years working with contracts…that is why everything I write sounds so mechanical.

  8. #8
    Now departed. Rest in peace, Scott, from all of us at AW Requiescat In Pace Popeyesays's Avatar
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    Quote Originally Posted by Robert Toy
    Most people don't know that I...:
    failed the Ohio Bar, my Birth Certificate had a name next to Father:

    Spent the last 25 years working with contracts…that is why everything I write sounds so mechanical.
    Here in Oklahoma you only fail if you produce your true and legal birth certificate in the first place. The first test of a lawyer's competence is the ability to preseent bald-faced lies as truth under any and all circumstances.

    Regards,
    Scott
    [B]Okay, damnit, I blog [URL]http://cscottsaylorsbooks.blogspot.com/[/URL][/B]
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  9. #9
    practical experience, FTW
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    YOU FOUND MY THREAD! Yay!

  10. #10
    practical experience, FTW
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    OH...Got a copy of the whole contract but not sure where it goes? So I just put it here.

    Capri Publishing
    PO Box 50274
    Midwest City, OK 73140
    405-623-7619



    Novel Contract



    This contract is between:


    The author of (your book)

    You and your address


    And the publisher

    Capri Publishing
    Bridgett Rabatin, Owner
    PO Box 50274
    Midwest City, OK 73140


    This agreement is entered in good faith and sound mind by all parties. The signatures from all parties named in this contract indicate understanding and acceptance to the terms described below.

    The author agrees to grant Capri Publishing exclusive license to produce, sell and promote first rights of all hardcopies, softcopies and electronic print versions (on disks or as downloads), nationally and internationally, in any language including English.

    The author retains the right to publish portions of the above stated work to total no more than one third of the story for promotional use on the author’s personal internet website, with no restrictions upon the length of time the excerpt may be posted.

    The author testifies that the work is the author’s original work and that they have the exclusive ownership of it and power to grant all rights to it.

    Printing of the work, promoting from Capri Publishing, copyright fees, barcode fees, administrative fees and processing, shipping and handling, and sales tax will be taken care of by Capri Publishing.

    Author will be responsible for taxes, federal and state and any other taxes on their income from their percentage of the royalties. Sales tax will be taken care of by Capri Publishing.

    The author agrees to secure permission for use of any copyrighted materials incorporated in their original work, communicated to the publisher by the author, which is included in the work covered by this contract.

    The publisher holds the author harmless from litigation resulting from breach of promise of the publisher.

    The author holds the publisher harmless from litigation resulting from breach of promise of the publisher.

    Excerpting from or adapting the work, except in the case of marketing and promoting the work, will not be permitted without the author’s written approval.

    The author will receive appropriate credit as author of the work.

    The author will receive thirty percent of the profits Capri Publishing brings in on the sale of each book.

    The publisher agrees to communicate (by letter, fax or email), a statement of account to the author on a quarterly basis. A royalty check will be issued on 31 March, 30 June, 31 October and 31 December of year. This payment will be sent either direct deposit or sent by certified check.

    The author is advised to keep accurate records for tax purposes and Capri Publishing will send an end-of-the-year statement by January 15th.

    Publisher has the license to publish, promote and distribute the work for one full year from the release date. The contract may be renewed by mutual agreement after one year has elapsed.

    This contract may be terminated by either the author or the publisher with a 90-day written-certified mail notice and all rights granted the publisher will revert to author at that time.

    The publisher makes no promises or guarantees regarding estimated sales figures. The publisher shall do its best to publish and promote the work. The author is advised to actively promote his/her work individually and in collaboration with the publisher.

    The publisher will provide the author with one finished copy of the work at no charge. The author may not make copies of the book. Publisher will supply all saleable copies and supply the author when author is obtaining work for sale to family, for promotions or book signings. The author then may purchase the books at thirty percent off the cover price.

    The publisher has the right to set the price of the book and all other pricing including sales.

    The release date will be set at a future time. The author will receive a letter through the mail and an email when the date is set.

    Any changes in this contract must be in writing and signed by all involved parties stated in this contract.




    __________________________________________________ ______________________
    Author/date


    __________________________________________________ ______________________
    Publisher/date

  11. #11
    Robert Toy
    Guest
    Quote Originally Posted by Popeyesays
    Here in Oklahoma you only fail if you produce your true and legal birth certificate in the first place. The first test of a lawyer's competence is the ability to preseent bald-faced lies as truth under any and all circumstances.

    Regards,
    Scott
    Ohio only accepts bastards

    Best regards,
    Robert

  12. #12
    Robert Toy
    Guest
    Jo,

    I’m not used to seeing “contracts” in this type of format. Not being familiar with what a typical publisher/author contract looks like, except the one I received from (name withheld to protect the guilty), which I did not sign as it looked somewhat like yours. There are some really major questions/flaws – for example what happens if either you or the publisher terminates the contract? What clause(s) survive (monies due, continued royalties, etc.) I also think the 70/30 split based on their “profits” is a bit over the top. Can someone confirm this is “normal”?

    To me it reads more like a Last Will and Testament than a contract

    Regards,
    Robert

  13. #13
    practical experience, FTW
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    It was sent to me from someone who signed with them. Thats all I know on this. I am not with this company or publishing with them. I thought someone might could analyze the contract for future reference with the company. I'm sure someone else might come along and want info about them and this might help.

  14. #14
    practical experience, FTW JanDarby's Avatar
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    Without giving anyone any individual legal advice here, just general information about contracts, and reserving the right to change my mind (b/c there are other clauses that bother me here), the clause that may concern me the most is:

    The author will receive thirty percent of the profits Capri Publishing brings in on the sale of each book.
    There's just so much left undefined that it makes my legally trained brain hurt. Think about Hollywood, and how movies with box offices in the multi-millions never show a "profit." What goes into calculating a "profit" here? Does it include the publisher's overhead? Office staff? Advertising? And if they decide to run a special and sell the book for a penny, what then?

    I'm not saying they'd actually do anything nefarious, just that the contract itself isn't clear, and ambiguity can give rise to all sorts of problems, from simple misunderstanding to -- in extreme circumstances -- outright unenforcability for lack of the basic elements of a contract.

    JD

  15. #15
    practical experience, FTW Berry's Avatar
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    I am not a lawyer, and this is not legal advice, but I have an opinion about a few of these clauses:
    The author agrees to grant Capri Publishing exclusive license to produce, sell and promote first rights of all hardcopies, softcopies and electronic print versions (on disks or as downloads), nationally and internationally, in any language including English.
    This is a big-time rights grab, and is, as I understand things, not standard. A more usual grant of rights would be first North American book rights, or something similar.


    Author will be responsible for taxes, federal and state and any other taxes on their income from their percentage of the royalties. Sales tax will be taken care of by Capri Publishing.
    Niether of these have any place in the contract. Of COURSE the author is responsible for paying taxes on his or her earnings. And sales tax is not collected by the publisher, but by the retail seller, at least in most states. (except, of course, for direct-to-consumer sales, which are a tiny amount of most business's sales). The author should not worry about the details of retail sales.

    The author will receive thirty percent of the profits Capri Publishing brings in on the sale of each book.
    This is non-standard too; 15% of gross or cover price is more usual.

    That's just off the top of my head. I would advise engaging a professional to negotiate the contract if you choose to go ahead.

  16. #16
    Gone
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    That's quite an...um...nonstandard contract. None of the publishing contracts I've had presented to me stated anything about the parties being of sound minds, and certainly never included advice about tax records, or advice about anything else. This looks weirdly cobbled-together.

    Add to that the references to "profits" with no definition of the term and some other odd aspects, and I'd say these people had decided to wing writing their own publishing contract without having seen an actual one.

    This does not speak well of their skills, abilities, and knowledge in other areas.
    Winner of Uncle Jim's Whoo Hoo Super Writer Award and Nomad's Most Use of Vowels in a Screen Name Award as well as Maryn's Only Person on AW Whose Name Anagrams to "I, Octane," "Act I (One)" and "Nice tao" Award in addition to batgirl's Culpeper Award for Botanically Erudite Screen Name plus awatkins' AW's Most Creative Srounger [sic] of Rep Points Award not to mention azbikergirl's Arizona Most Awarded Writer Award and also Dawno's Most Interesting Signature Line Award

  17. #17
    Writer Beware Goddess Absolute Sage victoriastrauss's Avatar
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    The publisher makes no promises or guarantees regarding estimated sales figures. The publisher shall do its best to publish and promote the work. The author is advised to actively promote his/her work individually and in collaboration with the publisher.
    Translation: we have no ability to market and distribute, and if you want your book to sell anywhere but online, it's up to you, bub.

    Very amateurish.

    - Victoria

  18. #18
    practical experience, FTW
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    The author agrees to grant Capri Publishing exclusive license to produce, sell and promote first rights of all hardcopies, softcopies and electronic print versions (on disks or as downloads), nationally and internationally, in any language including English.
    I'm guessing this also means that Look Inside is up to Capri since Electronic rights are their domain.

  19. #19
    I Heart Mac Absolute Sage Lauri B's Avatar
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    I would doubt that, actually, since Look inside usually only uses four or five pages, most of which are the index and TOC. Electronic rights usually mean ebooks.

  20. #20
    Nefarious Ghost Fan AnneMarble's Avatar
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    Quote Originally Posted by Robert Toy
    Ohio only accepts bastards
    I shouldn't read message boards in the morning. I finally got your joke.

    I may need . (Look, a rebus!)
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  21. #21
    paranormal interest Jennifer Robins's Avatar
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    After checking Capri out

    I submitted a novel to Capri a few months ago and have now heard from them that they want to publish it. I checked with the book stores here and was told that they are in the system and their books are returnable. I also checked to see if they catalog the books with the book stores and the library of congress and they do. I looked at some of the books they have out on Amazon and they have some fairly good ranking numbers. They will help to promote. I know they are a small publisher, but they seem to be growing. They pay well but it's on the net which a lot of publishers are these days. The contract is for one year and there is an option for release with a 90 day notice.
    They have changed their contract and I am waiting for mine to come in the mail to take a look at it.
    Just thought you all might be interested.

    Jennifer Robins

  22. #22
    Thanks, special friend for my avi! AW's Treasured Chocolate Birthday Lady Susie's Avatar
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    to the forum Jennifer and congrats on your selling your book. They sound very good and hope your novel sells like hotcakes!

  23. #23
    Your Genial Uncle Absolute Sage James D. Macdonald's Avatar
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    Remember that "available" and "shelved" are very different things, and that royalites-on-net are unfavorable to writers.

  24. #24
    practical experience, FTW
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    Bridgett has her contract posted on her website.

    http://www.capripublishing.net/

  25. #25
    annoyed and annoying roach's Avatar
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    Quote Originally Posted by Jennifer Robins
    They pay well but it's on the net which a lot of publishers are these days.
    Does this need a qualifier, as in "a lot of [small press/POD] publishers are these days"? I'm pretty sure that the major commercial presses pay on cover but I'm not so certain on what the trend is with the majority of the smaller commercial presses.
    Eggplant Literary Productions,
    A small electronic speculative fiction publisher.

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