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Aspen Mountain Press

gianni pezzano

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I've just reread some of the things that have been written about AMP today and I see that some things have been repeated, others non seen until too late, differences of opinion, etc... This is natural in a public place with many people with various ranges and types of experiences. In fact this is a healthy sign of open discussion.

As one of the authors involved and having been in contact with others I think it would be worthwhile putting a personal slant on the issue. Sometimes we're so close to the situation that we think others know more than they in fact do.

As with people here on AW, the range of personalities involved with the authors is almost as great as the range of problems involved with the issue.

In general the authors and their problems can be sub-divided as follows:

- those with active contracts that have not been paid(or not regularly) for various periods of time, who have not seen sales statements and want to know what exactly they're owed or if the amounts paid truly reflect sales. These are details which will need to be shown for any form of small claims if that path is taken and this may not be easy for all of them to do. Without forgetting that these "details" are an important part of the contract and should be the first thing respected by the publisher.

- those whose contracts have expired, with no request by AMP to extend who find their books still being sold, in many cases formal requests have been made(even before the resignations) for books to be removed from sale as the books on AMP's catalogue as their presence puts at risk contracts with other publishers. Of course, these auhotrs also have the same payment issues as the above group

- those who have recently signed contracts(I am one of these). The books are now in limbo, no editors assigned, in most cases no cover art, no idea if and when the books will ever see the light of day. This group is not owed money, which makes the small claim court an improbable solution. I have no doubt that most, if not all, are like me and no longer have any faith in AMP respecting the contract. We simply would like to have the rights back to be able to search for another publisher.

I have yet to hear from an author now willing to remain at AMP.

Member of all three groups have sent letters to AMP as per the contract asking for rights to be returned, payments made, statements issued, books to be removed from sale, etc. In virtually every cases no reply has been received. Emails have been ignored, certified letters returned by the post office as they were not collected.

Many would be happy to give up the money to get rights back(and this too is wrong, that money was earned and should NOT be lost!).

We have discussed, examined, looked at every possiblity, including those made here and also others. Some moves have been made as Celina stated,to have books removed from third party sites, etc. We're publicizing what we can.

Other moves will be taken, NOTHING has yet been excluded. As they develop we will inform AW and those who have supported us.

BUT, as you can imagine, we must limit what we say for now. This period is probably the most delicate.

All I can say is that we all hope that the sitation can be resolved quickly. I won't tempt fate by making any predictions or other wishes...
 

gianni pezzano

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I should also state that in ALL cases, we have been careful to take all steps in conformity with the contract...
 

Soccer Mom

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Agreed, Williebee. The first thing all authors in such a situation should do is follow the terms of their contract as to notifying the publisher of their breach. In this case, send a proper notice and wait the 90 days. I doubt most of AMP's authors could be past 90 days yet and so any other action on their part would be premature.
 
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mscelina

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Any request sent after the resignation of the senior staff is a month away from hitting 90 days. Any request sent before that--unless I did not know and/or was not informed of said request--has already been dealt with. There were authors who'd sent breach of contract notices before the senior staff took over that never informed us (while we were 'in power') that they'd done so. Those requests, if ignored by the owner, should be in effect now.
 

TWErvin2

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I do not know what the AMP contracts contain, but this clause is present in my publishing contracts:

The Author shall have the right upon reasonable written notice during usual business hours but not more than once per year to examine through a certified public accountant The Publisher's records as they relate to The Work at the place where the same are regularly maintained. Such examination shall be at The Author's cost unless errors are found totaling more than ten percent (10%) of the amounts paid, in which case The Publisher shall bear such reasonable costs. Statements rendered hereunder shall be final and binding on The Author unless objected to in writing, setting forth the specific objections thereto and the basis for such objection, within twenty-four (24) months after the date the statement was rendered.

I am sure many contracts contain similar clauses.

I raise this question as it was asked earlier how an author would know how much was owed to them? Could not several or more authors contact eachother and hire the services of an accountant to perform the review? Of course there is the issue of contact, but if the address were known, possibly an agent of the accounting service (which could be local to the area) deliver the notice?

If authors have not been paid, it would certainly incur the in excess of 10%, and the publisher would be required to pay the fee for having the records reviewed.
 

Night2Dawn

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After hemming and hawing for weeks, I posted my experiences on a blog - I told the truth and shamed the devil.
http://bloodredshadow.com/2011/10/15/aspen-mountain-press-–-the-seamier-side-of-publishing/
All fact but there is one inaccuracy - Dark Side of the Moon is still listed. Sandra made some changes - if you type in the title under search, you won't find it, but if you type my name under search, the book will show up. So I took a printscreen shot of the image.

Most people who know me consider me a peaceful person, and I've met some wonderful people at AMP and through Night to Dawn. But just this once I need to fight for the rights to my book. How I go about it I won't say because I suspect Sandra reads these posts here.
Barbara
 

Kweei

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I keep reading what has happened to everyone involved in this. My heart goes out to you all.

I have nothing useful to add aside from count me as one of the people not involved who is here to support y'all.
 

evilrooster

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gianni pezzano (and, I think, others) are still making one mistake when looking at the small claims option, and it matters for the choices you're making.

Small claims court is not only for sums of money owed. It's for anything which should be transferred from one person to another, up to a certain monetary value. It can be Granny's candlesticks, a car someone sold and then stole back, a consignment of chickens...anything.

Your rights as an author are a thing which should be transferred from one person (AMP) to another (you) and are probably within that monetary limit.

In other words, even if you are not owed royalties because your book was never published, you can still take AMP to small claims court for your rights.
 

Fallen

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I keep reading what has happened to everyone involved in this. My heart goes out to you all.

I have nothing useful to add aside from count me as one of the people not involved who is here to support y'all.

Second, third, and fourth this.

I just hope no new authors submit and get caught up in this -- I wonder if the owner's still accepting new authors.
 

veinglory

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Okay, as it seems the question will just keep getting asked, the other thing to consider is that small claims court just gives you the right to claim something, and does not make the defendant hand it over. The contracts, as written already give us that right, but do not make her hand it over. So for around $1000 per author (flights, hotels, fees) how much further ahead would the author be in?
 

gianni pezzano

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And for us overseas(no few...)much more than a $1,000.00 if we have to turn up. Assuming of course that it's not delayed on the day...

The contract has the mechanism, the problem is in the actuation...
 

black13

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A shot of reality here.
I was involved in the Triskelion mess, one of the authors there (it's Lynne Connolly). It was a short time happening, although I believe Kristi Studts was planning it for some time, and a long time clearing up.
If you're an author and you want a career, not just one book published, get on with the next book and send it out. Readers don't care about this stuff, what they want is something to read. So get writing and spend as little time as possible on this mess.
Sadly, there isn't a lot you can do at this stage. Small claims court won't get you far, if the owner refuses to cooperate.
And if you present an ex AMP manuscript to another publisher, that publisher is going to want written, legal proof that you have the rights to the book. No publisher is going to risk a court case further down the line. Imagine if the book went stellar and then someone popped up with a prior claim? They won't do it.
Future publishers are also going to want fresh manuscripts - something the market hasn't seen before.
Honestly, don't waste your time. Get writing.
 

richcapo

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Since the crimes AMP committed against their employees and authors -- and they are crimes -- include inter-state affairs such as failure to pay authors from other states, I believe it may be possible to get the FBI or other federal bodies involved.

I suggest that at least one affected party looks into that.
 
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ChasW

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As Black13 said earlier, get back to writing but it's not as easy as it sounds. I'm also one of those AMP writers who was trapped and had to force my way out via certified letters and passage of the 90 day activation/revocation period. I use to bang out five or six pages a day easily but since this mess got into high gear, I have to FORCE myself to make it through each paragraph it seems. Very hard to focus and us mystery writers need sharp focus. Move on by all means but the moving is hard and slow.
 

Cindyh2k

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Hoping all goes well with you guys on this issue. The last two posts sound just like someone going through and adjusting to a divorce. As a writer, I can certainly understand how someone hijacking your work would leave you in this state of shock, so to speak. I'm with K.L. Townsend - count me as one of your supporters!
 

BenPanced

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http://www.aspenmountainpress.com/offLine.php

The Aspen Mountain Press web site is temporarily suspending operations.

Over the past five years we've demanded high standards in all areas of the company from authors to editors to administrators. Due to the current health of the owner these standards have not been met.

We'd like to thank you for your support and patronage over this past half decade and apologize for any inconveniences this decision causes.
 

Maddie

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In light of suspending the operations at AMP, what does this spell (no pun intended) for authors who are trying to remove their books from AMP control?
 

mscelina

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Not a darn thing. The publisher has to suspend operations for 60 days in order to release all books from their contracts. Today is day one. Fifty-nine to go.

Also, this was phrased as a temporary suspension. I wouldn't be surprised to see the website go back up on day 59.
 

Fallen

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Not a darn thing. The publisher has to suspend operations for 60 days in order to release all books from their contracts. Today is day one. Fifty-nine to go.

Also, this was phrased as a temporary suspension. I wouldn't be surprised to see the website go back up on day 59.

Oh lord...
 

BenPanced

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It's in the contract:

XIX. Effects of Bankruptcy, Suspension of Operations or Sale of Publisher
...
If Publisher suspends operations for more than sixty (60) continuous days, other than for technical difficulties such as a loss of Web Server, all rights hereunder shall immediately revert to Author.

So by her admissions, she's not in good health to run the company for the foreseeable future, so she's temporarily suspending operations. For how long is anybody's guess.
 

Dani

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This woman makes me ill. >8( The whole situation is sickening.

Out of curiosity, can the reversal of rights be sent digitally? Or does it have to be a physical signed copy?