I'm not sure here is where I ask this question, but here goes, "Does anyone know anything about Capri Publishing?"
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Capri Publishing
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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.
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.
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."
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janetbellinger:
Doesn't sound good, does it?
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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.
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Snitchcat:
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?
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Jo Scott:
Yes.
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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
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JanDarby:
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.
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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:
Jo Scott said:
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:
Jo Scott said:
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:
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.
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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.
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.
Aconite said:
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.
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Robert Toy said: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
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
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
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.
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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:
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
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
I am not a lawyer, and this is not legal advice, but I have an opinion about a few of these clauses:
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.
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.
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.
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.
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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
I'm guessing this also means that Look Inside is up to Capri since Electronic rights are their domain.
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I shouldn't read message boards in the morning. I finally got your joke.Robert Toy said:Ohio only accepts bastards
I may need
. (Look, a rebus!)
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
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
to the forum Jennifer and congrats on your selling your book. They sound very good and hope your novel sells like hotcakes!
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Remember that "available" and "shelved" are very different things, and that royalites-on-net are unfavorable to writers.
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Jennifer Robins said:
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.