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Aspen Mountain Press

JulieB

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While I can understand the caution, the interpretation I could take with the hesitation from publishers is, " authors must respect their contract, but not publishers"...

Yeah, definitely not fair. But look at it this way: Those are still assets of AMP, and there's a chance they could sell them to another publishing house. Or, they could resurrect themselves. I'm not saying that either will happen, but a formal reversion of rights is the only way to protect yourself and prospective future publishers from either scenario and the potential legal issues that would arise.

I hope AMP will do the right thing and issue formal reversion letters.
 

gianni pezzano

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Hi Julie,

we have ALL asked for those letters, we have been told in an authors' loop that they would be issued and as far as we know less than 10 have received them.

As far as the contrcat is concerned we have done everything to stay iwthin the contract. The failure has NOT been on our part...
 

LindaJeanne

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Those are still assets of AMP, and there's a chance they could sell them to another publishing house.
No they are not, and no they couldn't.

However, (unfortunately but understandably), most publishers won't want to risk having to prove this in court.

Keeping my fingers crossed for all the AMP authors & your reversion of rights letters.
 
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JL_Benet

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For the horror writers who are members of HWA, I would suggest alerting the HWA Grievance Committee. They should be able to get the reversion of rights letters for their members. Other genre organizations might have something similar. Publishers are usually more inclined to issue such releases if they feel the brunt of a large organization on them. This is one of the areas where I think authors really gain from having the collective clout of such an organization.
 

veinglory

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I suspect a limited number of manuscripts would go from one small epublisher to anything other than another small or perhaps medium epublisher.
 

Richard White

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And remember, just because authors haven't seen any evidence that AMP is active, doesn't mean AMP can't pop back up and claim to have been doing things behind the scenes during the past 60 days.

In other words, without that letter of release, it would be your word against her word . . . and your signed contract.

Most publishers aren't going to take that chance.
 

BenPanced

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There might be a few publishers who are aware of what's gone on, but I bet there are a whole load more who aren't. And while it's admirable that you're prepared to give AMP writers the benefit of the doubt that could put you in a very difficult position if the owner of AMP decides to be difficult. She will have a contract giving her the rights to publish the book: you won't have proof that that contract has been cancelled. Please be careful.
She had 90 days to make good on several breaches of my contract. Hell, she had almost 120 days, if not more. She never responded to me or addressed my concerns during that time so according to my contract, my rights have reverted to me, letter or no, and I'm willing to get dragged into court over it.
 

michael_b

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She had 90 days to make good on several breaches of my contract. Hell, she had almost 120 days, if not more. She never responded to me or addressed my concerns during that time so according to my contract, my rights have reverted to me, letter or no, and I'm willing to get dragged into court over it.

Exactly my point.

I don't think what has happened should mean an author has to suffer for the rest of their lives over this or see their work wind up in eternal limbo because a publisher failed to send a formal reversion. That reversion is in the AMP contract plain as day.

And, sure there are a lot of good, unpublished books out there but that doesn't mean a previously published book should never see the light of day again either.
 

Birol

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That's a good question right now.
No, Michael. The authors don't suffer in eternal limbo. They write another book. They pick themselves up, dust themselves off, and continue to move forward with their careers.
 

Old Hack

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She had 90 days to make good on several breaches of my contract. Hell, she had almost 120 days, if not more. She never responded to me or addressed my concerns during that time so according to my contract, my rights have reverted to me, letter or no, and I'm willing to get dragged into court over it.

Ben, I don't think this is fair at all, and I think the AMP writers have been treated abominably. But this issue of rights reversion is to do with how other publishers will probably think when asked to consider these books.

If there is no clear reversion in place--and right now there isn't, as I understand it there's no way to prove that AMP has been inactive for the required period--then many publishers are going to consider your book still under contract, and reject it regardless of how willing you might be to take the issue to Court.

I agree that it's awful. But without written confirmation that the reversion has happened, publishers are going to be extremely wary of signing these books. I don't blame them: but it still stinks for the writers concerned.
 

bearilou

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As an unagented and unpublished writer, this entire debacle is just chilling to read about. It's made worse because a contract was signed in good faith and it was the publisher who failed to live up to the terms of that contract.

I'm afraid on the outside where I'm sitting, it does appear to be as gianni pezzano said. More wiggle room is given publishers in a contract than the authors, and that even when the publisher is in clear violation of the contract, it is the authors who are still held to it with no recourse other than 'to move beyond it'.

Makes other publishing alternatives look very attractive at this time.

eta: In looking at a bigger picture, however, there are still more success stories for authors with publishers than there are failures, which continues to give me hope.
 
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Richard White

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bearilou - unfortunately, that's the nature of publishing.

And it's also why people here and other places harp on "don't sign with a brand new company until they've established themselves" and "have you ever seen their books in a book store?" for those that promise actual books (not e-books).

It's because a book can get tied up in something like this. And even though they may be on the side of angels, authors are the ones who will bear the majority of the pain because we're the ones who produce the product.

Think of it as if you ran a small coffee farm. You've sent your beans to a big corporation to make this season's coffee. Then they go bankrupt and all the money disappears. You're not going to get paid (there's no money) and you're not going to get the beans back (they've already been processed). You can sue, but lawyers are expensive and there's probably no money to get anyway.

So, you go back and plant more beans and hope the next manufacturer is more mature and less likely to have horrible business practices.

Sure, self-publishing is always an option for someone who's up for being a merchant/publisher/promoter/web designer/inventory specialist/accountant. Me? I'm a writer. I found out doing my self-published comic that I really don't like being a publisher, because all the time I was doing publishing stuff, I didn't have time to write and that's what I really like.

So, if you don't want to do all that, then a writer need publishers.

So then, it's up to the writer to find the best publisher they can. Start at the top with any story and then work your way down to the small press and then to the micro presses and if worse comes to worst, shelf that project and start another one. (Which a writer should have been developing while they were shopping the first one around anyway, right? *grin*)

Coffee anyone? *grin*
 

Terie

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Think of it as if you ran a small coffee farm. You've sent your beans to a big corporation to make this season's coffee. Then they go bankrupt and all the money disappears. You're not going to get paid (there's no money) and you're not going to get the beans back (they've already been processed). You can sue, but lawyers are expensive and there's probably no money to get anyway.

QFT.

Too many people seem to forget that writers are essentially vendors to publishing companies....we supply one of the key raw materials.

And when companies go belly up, it's the vendors who take the first hit.

Heck, let's bring it closer to home and look at the failure of Borders. Publishers are vendors to bookstores, and publishers lost millions in that failure.

It sux. It's unfair.

But it's also reality.
 

veinglory

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To be fair AMP was not brand new (5 years old at time of closing) and had a pretty good reputation and earnings record for a while there (word for word similar to the top 5 romance epubs). So this is not a classic case of most of the red flags other than 'beware of one person operations'.

Quite a few of us authors were not attending our first rodeo.
 

Richard White

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To be fair AMP was not brand new (5 years old at time of closing) and had a pretty good reputation and earnings record for a while there (word for word similar to the top 5 romance epubs). So this is not a classic case of most of the red flags other than 'beware of one person operations'.

Quite a few of us authors were not attending our first rodeo.


No, and I agree, this situation was more egregious than most because it looked like a good situation. Even if this was a major corporation, if they enter bankrupcy, contracts and books can be tied up for an incredible amount of time and the authors are the ones stuck while (to quote Don Henley) lawyers work out small details . . .
 

roach

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The thing is if a publisher takes on an author's work without a release form AMP would go after the publisher in addition to the author. The publisher, presumably, has deeper pockets than the author.

I'm really sorry this is happening to the authors. It sucks and I'll keep my fingers crossed that they'll get release letters.
 

bearilou

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bearilou - unfortunately, that's the nature of publishing.

Certainly rips the rose-colored glasses from a new writer's eyes, yanno?

Thank goodness for AW. It's being able to have discussions like this that give writers the opportunity to stay well informed, even if we don't like the message. Just because we don't like it, doesn't make it less true.

Sure, self-publishing is always an option for someone who's up for being a merchant/publisher/promoter/web designer/inventory specialist/accountant. Me? I'm a writer. I found out doing my self-published comic that I really don't like being a publisher, because all the time I was doing publishing stuff, I didn't have time to write and that's what I really like.

So, if you don't want to do all that, then a writer need publishers.

Yah. I'm afraid so. I don't know if I have the stuff that it would take to self-publish. See above comment about being very glad AW is here because I can make more well-informed decisions given the very frank discussions that happen on a regular basis.

So then, it's up to the writer to find the best publisher they can. Start at the top with any story and then work your way down to the small press and then to the micro presses and if worse comes to worst, shelf that project and start another one. (Which a writer should have been developing while they were shopping the first one around anyway, right? *grin*)

And if nothing else ever sticks with me, two bits of advice I've heard time and time again here at AW. 1) Publishing is a business. Treat it as such. We as writers do provide a salable product, even if each novel/story is dear to our hearts.

and 2) You should always be working on your next project.

Coffee anyone? *grin*

Yes! Thank you!
 

veinglory

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Personally, I still ended up a few hundred dollars ahead of the game for the cost of 25,000 words or so (which I was fortunate enough to get back). I am not crying into my beer.

As for "the best publisher"--for a short novella of gay werewolf loving it wasn't such a bad choice at the time. As a person who write specifically for epublishers, I think there is also something to be said for diversifying.

There is a lot of good advice on this thread and also some pretty bad advice. In the end the author does their analysis and takes their chances--based on their own priorities.

Some authors have reversions, others have already managed to place books without them. We do have a yahoogroup message releasing all books and they are all out of contract. So for some it may be worth the effort to sell the reprint, for others it won't.
 
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