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Dorchester Publishing / Leisure Books

M.R.J. Le Blanc

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If they file for bankruptcy (which I'm sure they will) would it be worth it for those authors like jana who haven't seen royalties they're owed to put in a claim and perhaps recoup that? I'm clueless as to how that whole process works, but I would think if there's a substantial amount of royalties to be paid an author would want them. Just curious if the ends would justify the means.

I'm sorry you and other authors got caught up in such a mess jana, I hope things get better for you. Could you PM me your penname and perhaps your old titles? Maybe I can find them secondhand somewhere, I'm curious to check them out :)
 

JanDarby

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Authors are unsecured creditors, so they go to the bottom of the list, behind anyone who has a lien on Dorchester's assets. And there's usually nothing (or very little) left by the time the unsecured creditors get whatever's left.

There are no easy answers. Except that the authors involved should seek legal advice from someone who specializes in bankruptcy law.

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

jana13k

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I'll try to answer to the best of my knowledge, but IANAL. Yes, we have a bankruptcy clause in our contracts that states that if they file for bankruptcy or are forced there by creditors, our rights revert. Unfortunately, history has shown that clause to be fairly worthless when it comes to our legal system. I remember the authors of Triskelion had that clause, but the bankruptcy court still considered the rights "assets" of the publisher and it took months and sometimes longer than a year to get them discharged. In the meantime, the publisher can continue to sell your books and pocket the money without paying.

And another poster was right. We can sue, we can get a judgment, but we're at the bottom of the list for collection behind printers, etc. I don't anticipate seeing another dime for all my hard work which is unfortunate as my last series is/was selling quite well.

My published name is Jana DeLeon and I can tell you that copies of my book are already disappearing. I think amazon is already out of two and bookstores can't order any longer from Dorchester.

The whole situation is very depressing for the authors, but I am glad I have a day-job and another publisher already (Harlequin). For those that depended on Dorchester for their livlihood, let it be a lesson to all writers to diversify, diversify, diversify. And not just publishers - you should really have other avenues of income, period. I write technical manuals at my day-job and also freelance write for websites such as the Houston Chronicle. As an artist, you should never, ever have all your eggs in one basket.
 

Cathy C

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Right you are, Jana. Unfortunately, the publisher/author relationship isn't a creditor/debtor one, but one of commercial business partners. Authors aren't truly even unsecured creditors. Every book in a publisher's list is an "asset" of the business, just like the books on your shelf at home are assets of yours. Royalties owed are contract disputes between equals, rather than 'services rendered'. In effect, an author's claim for royalties is LESS than a copier lease, or even the phone bill.

I had a long talk with a friend who's not only a published author but a bankruptcy trustee in her day job. It was an enlightening, and sobering, discussion.

The bankruptcy clause in a publisher contract is pretty much useless as many other defunct publishers have learned. More than one tried to revert the rights to authors when they first started contemplating bankruptcy, thinking they were being kind . . . only to discover that's considered fraud by the court. A bankruptcy court can "unwind" any transaction involving assets of the company for up to a YEAR before the bankruptcy is filed. Reversion of rights is one of those transactions. It's sort of like the Bernie Madoff issue where the court reviewed each transaction to family and friends for months before he was arrested because they peeled away his assets that could be sold and used to pay back those defrauded. That's a no-no.

The bankruptcy trustee's goal is to pay the debts of the company---secured first (land with deeds of trust, or recorded financing statements), then unsecured debts for services rendered. That means selling all assets owned by the debtor at whatever price they can get. In the case of a publisher, what often happens is they sell the entire list of contracts (including the inventory of warehoused physical books) to a new publisher who may, or may not, sell the books to the public. Often they do if the book is still in print because that's how they get their money back. But not always.

Mostly, the bankruptcy clause in a contract works best in "reorganizations" situations rather than true bankruptcies. Smaller publishers are often d/b/a's or sole proprietorships . . . meaning when the "publisher" goes under, it's the actual individual failing. A Chapter 7 is a personal bankruptcy, so if that's what the publisher files under, the chances are slim for a reversion of rights if there are no other physical assets to sell.

If a Chapter 11 has been filed, that's a reorganization and can be for an individual or an entity (corporation, LLC, partnership etc.) There's the best chance for reversion because the goal isn't to dissolve the company, but slim it down to get it back on its feet.

A Chapter 13 bankruptcy is often referred to as an "involuntary" bankruptcy, which is when the debts mount up so high that the courts step in to take over and force the company to dissolve. I fear a Chapter 13 could be what happens in this case if things get much worse for Dorchester.

But I've got my fingers crossed for a lot of buddies that the company accepts the inevitable, if that's the way it's headed, and voluntarily files. That would go a long way toward making amends in the publishing community. But only time will tell.:Shrug:
 

brainstorm77

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The September releases are up on site, listed as out of stock. There isn't a link to purchase the e book versions either.
 

AnneMarble

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The September releases are up on site, listed as out of stock. There isn't a link to purchase the e book versions either.
I checked Amazon, and at least some of the September titles are up in the Kindle store. There are no links on the front page of Dorchester's site :rolleyes:, but there are links to the Kindle editions if you click on the specific titles But no Kindle editions yet for Richard Laymon's Funland and Gord Rollo's Valley of the Scarecrow, damn it. Maybe later in the week?... If not...
:e2chain:


My All About Romance blog entry about Dorchester went up today:
http://www.likesbooks.com/blog/?p=5139

I managed to get responses from several authors with varying experiences, views, etc. :D The problem with writing those articles is that by the time I've done "meeting" those authors on-line, I end up buying more of their books. :tongue
 

Axler

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Very good insights.

But...I've been hearing rumbles about this at least two months before the announcement. I seriously doubt Dorchester will do more than dabble in trade paperbacks and ebooks before they file for bankruptcy or sell their imprints to another publisher. I find the former more likely than the latter.
 

RoccoMom

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Someone got a new job

From PUblisher's Lunch:

Sourcebooks has hired Leah Hultenschmidt as senior editor in their New York office, acquiring romance and YA projects for their Casablanca and Fire imprints. She was editorial director at Dorchester.


At least she got one pretty fast! Maybe she was looking beforehand.
 

aliajohnson

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My All About Romance blog entry about Dorchester went up today:
http://www.likesbooks.com/blog/?p=5139

Fantastic post, Anne.


From PUblisher's Lunch:

Sourcebooks has hired Leah Hultenschmidt as senior editor in their New York office, acquiring romance and YA projects for their Casablanca and Fire imprints. She was editorial director at Dorchester.


At least she got one pretty fast! Maybe she was looking beforehand.

:hooray: I'm not surprised she was snatched up quickly. Leah is fabulous. I'd work with her again in a heartbeat.
 

black13

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Bankruptcy

Ex Triskelion author here. If the worst happens and you're caught in a bankruptcy situation, you should absolutely register as a creditor.
No, you won't get any money, or it's highly unlikely, but then the court is obligated to send you the information about the case as and when it happens.

We were planning to bring a test case that claimed that an author's contract isn't an asset, because without the author's goodwill and cooperation, it doesn't amount to much, and is certainly not worth the advance. If the officials could be persuaded to write off the authors' contracts, then it would reinforce the bankruptcy clause in the contract, which, as some of you pointed out above, is currently worthless.
Before we brought any case, which would have been expensive, another publisher bought our contracts at the auction and gave them back to us, for which we were all grateful.

So when you sign a contract, also check the "next look" paragraph. Never give a publisher rights to your world, fight for your characters, and if you have to, agree to a limited "next look" with a time limit. If the publisher hasn't taken up the option in, say, 90 days, then you're free to send new books elsewhere. Never, ever, sign a "next look" for any book you write. Always limit it to genre, series, or something similar.

I enjoyed many Dorchester books and I'm very sad that it's having to reduce so spectacularly. But don't assume anything yet. I haven't heard of them employing any experts in the field they're about to enter, but they might have been planning this move for a while and have it all in hand.

Lynne Connolly
http://lynneconnolly.com
 
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michael_b

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So when you sign a contract, also check the "next look" paragraph. Never give a publisher rights to your world, fight for your characters, and if you have to, agree to a limited "next look" with a time limit. If the publisher hasn't taken up the option in, say, 90 days, then you're free to send new books elsewhere. Never, ever, sign a "next look" for any book you write. Always limit it to genre, series, or something similar. http://lynneconnolly.com

Great advice applicable to any publishing company, pro or small press.

Another good thing to have is a solid 'end date' on the contract. If they're buying 'life of copyright' you probably don't want to sign it because 'life of copyright' is to your death plus 70 years beyond. That's far too long.
 

brainstorm77

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I checked Amazon, and at least some of the September titles are up in the Kindle store. There are no links on the front page of Dorchester's site :rolleyes:, but there are links to the Kindle editions if you click on the specific titles But no Kindle editions yet for Richard Laymon's Funland and Gord Rollo's Valley of the Scarecrow, damn it. Maybe later in the week?... If not...
:e2chain:


My All About Romance blog entry about Dorchester went up today:
http://www.likesbooks.com/blog/?p=5139

I managed to get responses from several authors with varying experiences, views, etc. :D The problem with writing those articles is that by the time I've done "meeting" those authors on-line, I end up buying more of their books. :tongue

Great blog post. I relinked it on my FB.
 

peakbloom

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Hi,
Does anyone have any ideas for the Dorchester Media writers who write for the True magazines--about getting paid?

I've been reading about the trouble the Dorchester Publishing authors are having.

Our contracts are one page and very simple. I can't say no one is getting paid at the magazines--but I haven't seen any reports of anyone getting paid. I certainly haven't. Writers have emailed and are not getting a response.

Like everyone else, I like the editors. But I am appalled at the silence and no pay. Any recourse? Any ideas? Anything the RWA can do? If so, who do I contact on my behalf and the other writers?
 

jana13k

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peakbloom - I am a Dorchester author and currently owed in the five figures and will likely never see a dime. My advice is to wait and see if (when) they file for bankruptcy and register as a creditor, but I wouldn't expect to see any money. They owe too many people too much money right now and my guess is the only way you're going to get them to correspond with you is through an agent or an attorney.

For all those who like to argue the "you don't need an agent" position, I want to add that my agent, along with her attorney are fighting this fight for me - AT NO COST TO ME.

THAT'S why you need an agent. Just one of the many reasons why.
 

victoriastrauss

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Another good thing to have is a solid 'end date' on the contract. If they're buying 'life of copyright' you probably don't want to sign it because 'life of copyright' is to your death plus 70 years beyond. That's far too long.

With smaller publishers, a time-limited contract is indeed desirable, mainly because of smaller publishers' high attrition rate.

However, life-of-copyright is the standard in trade publishing, and it's not a problem as long as the contract lays out precise criteria for when the publisher must take the book out of print (minimum sales figures or royalty income over a specified period of time) and an exact procedure by which the author can revert rights. This prevents the publisher from hanging onto the book forever, and ensures that you can get your rights back once the book stops selling in significant numbers.

Where life-of-copyright is a problem: when the out of print decision is left entirely to the publisher's discretion (which means they can hold onto your rights for as long as they want), or tied to "available for sale through normal channels" (the publisher can argue that the existence of a digital copy means the book is still available, even if it's not actually selling), or the reversion procedure isn't sufficiently detailed (the publisher should be required to respond to a reversion demand within a set period of time)--or, as in some contracts I've seen, there's no provision for termination/reversion at all.

Of course, as others have pointed out, if there's a bankruptcy declaration all bets are off.

- Victoria
 

michael_b

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peakbloom - I am a Dorchester author and currently owed in the five figures and will likely never see a dime. My advice is to wait and see if (when) they file for bankruptcy and register as a creditor, but I wouldn't expect to see any money. They owe too many people too much money right now and my guess is the only way you're going to get them to correspond with you is through an agent or an attorney.

For all those who like to argue the "you don't need an agent" position, I want to add that my agent, along with her attorney are fighting this fight for me - AT NO COST TO ME.

THAT'S why you need an agent. Just one of the many reasons why.

Man that's a lot of money to be owed.

Thanks for the agent advice. It's another good reason to have one if you plan to go the NYC publisher route,
 

michael_b

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With smaller publishers, a time-limited contract is indeed desirable, mainly because of smaller publishers' high attrition rate.

However, life-of-copyright is the standard in trade publishing, and it's not a problem as long as the contract lays out precise criteria for when the publisher must take the book out of print (minimum sales figures or royalty income over a specified period of time) and an exact procedure by which the author can revert rights. This prevents the publisher from hanging onto the book forever, and ensures that you can get your rights back once the book stops selling in significant numbers.

Where life-of-copyright is a problem: when the out of print decision is left entirely to the publisher's discretion (which means they can hold onto your rights for as long as they want), or tied to "available for sale through normal channels" (the publisher can argue that the existence of a digital copy means the book is still available, even if it's not actually selling), or the reversion procedure isn't sufficiently detailed (the publisher should be required to respond to a reversion demand within a set period of time)--or, as in some contracts I've seen, there's no provision for termination/reversion at all.

Of course, as others have pointed out, if there's a bankruptcy declaration all bets are off.

- Victoria

Actually Ellora's Cave also requires life of copyright and they aren't exactly a pro market.

I've seen pro publishing contracts, they give me the willies like nothing else does (which is why agents are good to have) and why I'd get an agent should one ever be offered to me. (Unlikely since I'm not currently submitting to big publishers.)
 

veinglory

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Ellora's Cave is not the kind of market you would typically use an agent to approach. Whatever you call it, they are at the top for small, rather than the bottom of big (where Dorchester was). The two are empirically close together, but culturally far apart.
 

M.R.J. Le Blanc

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I see. Seems kind of unfair though, because to a newbie that might insinuate that Ellora's Cave isn't a worthy credit for an author and might avoid it, and as I understand it they're a perfectly good place to query for that genre. I understand what you guys are saying, I guess I just would have picked a different term :)