Writer Accused of Breach of Contract for Self-Publishing a Completely Separate Book

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shaldna

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I've been looking at this Konrath thing, and how Davenport is referred to constantly, even in his response to her letter that he posted on her blog, as an 'indie' writer.

Now, I might be missing something here, but Davenport was published by Penguin and Ballentine (part of Random House) and has recieved considerable (if she is to be believe the figures have been between 80 and up to 160k) advances for her work so that hardly makes her an 'indie' author, does it?
 

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No, she's not. She might be a good writer; but her books have not necessarily sold well in the past and judging from her comment that her latest advance was half that of her previous advance, I'd guess that her sales have not been good at all.
I said this because her last novel was described as a "bestseller", so I'm giving her the benefit of the doubt. If we could get hold of the actual sales figures for her past novels, that would be useful and illuminating. You may well be right about this.

Writing articles and so on requires a completely different skill-set to writing fiction. Many writers can do it, but many others can't.

If you turn it round, and suggest that someone who can write a decent article must therefore be able to learn to write a decent novel, then perhaps you'd see the problem here.
Good point. Maybe article writing wouldn't work for her.

She states in a current post - "There's something important I forgot to say to all of you. It was Joe Konrath who ENCOURAGED me to duke it out with the publisher. To not give in."
Yikes. I suppose Konrath is going to help her repay her advance and cover her living costs now?

And I guess why I'm sort of chafing under the comments here. "She will just have to buckle down and get a job. She should just write another book." Easy to say in theory, harder for an individual to execute in real life when the wolf is at your door.
I can't speak for anyone else, but here's my take: when I look at this situation, I see an author who has three books pro-pubbed over the space of several years. So I'm thinking, in those fifteen-plus years, why did she never sit down and go "Okay, I'm going to need to write a book a year if I want a regular income." Did her agent never suggest this to her? Maybe she got such big advances that she thought "Hey, I can afford to be slow."

The advice to write a book a year and keep doing it isn't an immediate fix - it's what I think she should've decided to do about ten years ago. That seems to me the professional approach to take, especially if you've got a novel deal with a publisher. Keep writing those books, keep sending them out. She didn't do this; now ten/fifteen years down the line she's struggling and it takes her five years to write a novel and she has no money.

I don't have a quick fix solution. Get a job? Well, good luck with that. Pen some freelance articles and sell them? If you can, it's worth a shot. Maybe. Money's tight for everyone and I can sympathise with this woman being in a tricky situation, because we all are. But here's the kicker: she had a way out. A pro-publisher offered her an advance for her new novel. Money! Financial (semi)security! Bills paid, food on table! She lost that advance due to her own behaviour. She had the opportunity to capitulate and play nice with the publisher and thereby keep her money. She decided 'duking it out' with EVUL Pubber was much more important, and now she's lost her advance.

I only have very limited sympathy for people who bring their problems upon themselves.
 

bearilou

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I can't speak for anyone else, but here's my take: when I look at this situation, I see an author who has three books pro-pubbed over the space of several years. So I'm thinking, in those fifteen-plus years, why did she never sit down and go "Okay, I'm going to need to write a book a year if I want a regular income." Did her agent never suggest this to her? Maybe she got such big advances that she thought "Hey, I can afford to be slow."

The advice to write a book a year and keep doing it isn't an immediate fix - it's what I think she should've decided to do about ten years ago. That seems to me the professional approach to take, especially if you've got a novel deal with a publisher. Keep writing those books, keep sending them out. She didn't do this; now ten/fifteen years down the line she's struggling and it takes her five years to write a novel and she has no money.

I know for myself, this is the biggest lesson I'm taking away from this tale. Keep writing. Keep putting out there. Keep trying to sell. Don't rest on past achievements. Prepare for contingencies.

And to examine the motivations of people around me who want to give me life/career changing advice! :eek:
 

Terie

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The advice to write a book a year and keep doing it isn't an immediate fix - it's what I think she should've decided to do about ten years ago.

Yeah. I don't think anyone here thinks there's an actual quick fix for this gal's problems. We aren't actually giving her advice.

I think what's going on here is that we're mostly coming from the 'cautionary tale' point of view. It's better to learn by watching someone else's mistakes than by making our own.
 

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But if I have books written but not sold, how is that paying the bills now?

It isn't - same as it isn't for the many people who have yet to sell a book for anything, or those who have sold their first but have yet to see much from it. Not many of those bite the hand that did once feed them and will feed them in the future if they aren't silly though...

Writing books is a long term thing, not a 'I need bucks right now, so hey I'll write a book!'. I'd expect that from someone who didn't know how publishing works, not from a writer who's had several books pubbed already and knows the timescale.
 

Sheryl Nantus

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I'd expect that from someone who didn't know how publishing works, not from a writer who's had several books pubbed already and knows the timescale.

This is what blows my mind - it's not like she was a newbie to the process, signed without an agent, etc etc etc.

She'd signed contracts before with established publishers. She had an agent. She'd been through the process and gotten a *lot* of money, which she freely admits she blew on silliness - as some of us would.

Now her claims of "I had no idea!" tends to ring hollow.

I'd still like to hear the publisher's side of things. They may be in the wrong and it's quite possible - but with Brother Joe at the helm this can only get messier and messier with the hyperbole rising to new levels.

:(
 

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I've been looking at this Konrath thing, and how Davenport is referred to constantly, even in his response to her letter that he posted on her blog, as an 'indie' writer.

Now, I might be missing something here, but Davenport was published by Penguin and Ballentine (part of Random House) and has recieved considerable (if she is to be believe the figures have been between 80 and up to 160k) advances for her work so that hardly makes her an 'indie' author, does it?


Because Konrath is brilliant with words (I think, I've never actually read his books, but he is a marketing genius). He manipulates them, creates catch phrases and even invents new terms. Ever heard of "legacy publishers"? That term that everyone who worships at the feet of self publishing (and Konrath) uses to deride publishers as something old fashioned and on the verge of extinction? That's his baby. Oh sure the concept of "legacy" anything isn't his, but calling publishers that? His idea.

He is an absolutist in his views, he equivocates, he lies, he is mean and he changes the rules of the game whenever he feels like it to prove he is right in all things. And it works. He makes a living selling his words.
 

shaldna

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He is an absolutist in his views, he equivocates, he lies, he is mean and he changes the rules of the game whenever he feels like it to prove he is right in all things. And it works. He makes a living selling his words.

And he still doesn't explain how an author recieving an $80k advance and published by Big 6 publishers is still considered an 'indie' publisher in need of support.

Which is the way it was painted.
 

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He is an absolutist in his views, he equivocates, he lies, he is mean and he changes the rules of the game whenever he feels like it to prove he is right in all things. And it works. He makes a living selling his words.

I couldn't agree more, and I'm glad someone has the balls to say it.

Konrath is a snake oil salesman. To listen to him, in my opinion, and do as he "advises" is utter folly. His best work of fiction so far is the numbers he spouts, those digits that fluctuate according to his marketing needs.

I'm happy to respect my fellow writers, but there's nothing in the rules about respecting the literary equivalent of a used car salesman who slaps pretty paint on wrecks and calls them good, then tries to foist them on to less experienced drivers. It's like PA on a lesser scale: You too can be a published, for-reals author! All you have to do is shun the mean ol' Big Boys and self-publish!

As far as Ms Davenport goes, who knows? Publishing is teamwork. It's the author, publisher, and agent. To leave one or more of them out of the loop to do your own thing, without consulting them seems foolish. But then there are a lot of authors who aren't brilliant business people. Look at Jude Devereaux. She gave 20 million to fortune tellers, for crying out loud.
 
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I know for myself, this is the biggest lesson I'm taking away from this tale. Keep writing. Keep putting out there. Keep trying to sell. Don't rest on past achievements. Prepare for contingencies.

Yeah. I don't think anyone here thinks there's an actual quick fix for this gal's problems. We aren't actually giving her advice.

I think what's going on here is that we're mostly coming from the 'cautionary tale' point of view. It's better to learn by watching someone else's mistakes than by making our own.
EXACTLY.

Unfortunately there's not a lot we can say to the author now except "Well... I hear MacDonalds might be hiring?" Or perhaps: "You might want to stop trusting that Konrath guy." But there's plenty of lessons here for other writers, like "Don't get too comfy resting there on your published-author laurels" and "Keep writing and subbing" and "Invest your money wisely as this is a fickle business and it could all dry up tomorrow."

A cautionary tale indeed.
 

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I'm happy to respect my fellow writers, but there's nothing in the rules about respecting the literary equivalent of a used car salesman who slaps pretty paint on wrecks and calls them good, then tries to foist them on to less experienced writers. It's like PA on a lesser scale: You too can be a published, for-reals author! All you have to do is shun the mean ol' Big Boys and self-publish!

The saddest thing about all of it is there IS a real place for self-publishing, and it is definitely benefiting new and more experienced writers alike. But I have been watching closely, and I have noticed that the writers it benefits are the ones who go into the process with both feet on the ground. Who have a "this is hard work, and let's see what happens" attitude. Who appreciate that you won't sell books just because it's on the net, but because of your marketing strategy and good old fashioned hard work. Someone like the poster girl for self publishing, Amanda Hocking: http://amandahocking.blogspot.com/2011/03/blog.html

I once had Konrath tell me that I didn't need to worry about marketing - my biggest concern should I ever self publish (something which I very much am considering). He told me, as an example, that he stopped marketing ages ago. My jaw hit the floor. He might have stopped saying to people "buy this book!", he might have stopped physically touring to bookstores etc, but his online presence is still marketing. His persona, his guru-ness (yup, I did just write guru-ness) is marketing. The reason he is the success he is is not because of his novels, but his online presence.

There's only two possible reasons that he would tell me I didn't need to market: either he is sincerely unaware that every single time he posts online he is marketing his brand, or he's lying. Either way, it concerns me.
 
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Unfortunately there's not a lot we can say to the author now except "Well... I hear MacDonalds might be hiring?" Or perhaps: "You might want to stop trusting that Konrath guy." But there's plenty of lessons here for other writers, like "Don't get too comfy resting there on your published-author laurels" and "Keep writing and subbing" and "Invest your money wisely as this is a fickle business and it could all dry up tomorrow."

A cautionary tale indeed.

QFT.
 

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The saddest thing about all of it is there IS a real place for self-publishing, and is definitely benefiting new and more experienced writers alike. But I have been watching closely, and I have noticed that the writers it benefits are the ones who go into the process with both feet on the ground. Who have a "this is hard work, and let's see what happens" attitude. Who appreciate that you won't sell books just because it's on the net, but because of your marketing strategy and good old fashioned hard work.

I concur. There's definitely a place for the writer who knows and understands the business. But I have a real problem with new writers being pushed in that direction, like Big Publishers are some kind of bad guy who'll reject their work and crush their souls.

A bit of rejection is good for a writer. It teaches us that we need to improve and hone our craft in order to create a salable product. Being told, "You too can be published right now" isn't a positive. I think it creates a certain feeling that this should be easy, when publishing - whichever route you go - is anything but. As far as new writers go, I really believe it behooves them to learn as much as they can and consider all the options. There are a lot. And it takes time to understand how it all works. But that desire for instant gratification makes Konrath and his brand of Kool-Aid downright seductive.

There's only two possible reasons that he would tell me I didn't need to market: either he is sincerely unaware that every single time he posts online he is marketing his brand, or he's lying. Either way, it concerns me.
Both. Fortunately, you've been around the publishing block a time or two. You're no dummy. But someone less experienced will read those words and think the world will flock to them if they just throw their novel out there.

In that it's just like PA.
 

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I left a comment with my own, rather different, experience, just to give a little balance to the discussion. I'm curious if she'll respond. (She's been responding to all the other comments.)
 

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Just to point out the other side of this - no one knows what "encouragement" entails. That this person mentioned being so close to killing herself rather than face the alternatives says she may not be evaluating situations with a clear head. For all anyone here knows, Konrath's "encouragement" could have consisted of "Good for you!" and nothing more.
 

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I've been looking at this Konrath thing, and how Davenport is referred to constantly, even in his response to her letter that he posted on her blog, as an 'indie' writer.

Here's a nice concise definition of "indie writer" from HapiSofi.

As for Mr Konrath not marketing any more: he's kidding, right?

His market now isn't The General Reader; it's The Aspiring Self-Publisher. If you think of how many writers submit and never get picked up: they're the ones who read his blog, and who are heartened by his stories of those nasty gatekeepers who are keeping all the really good writers off those outdated bookshop shelves. And what do they do when they read his blog and feel all fired up? They do two things: they put their own books on Kindle; and they buy his books.

His whole blog, and his stance as a self-publishing hero, is a marketing tool.

Whoever has advised Ms Davenport through this fiasco has advised her very badly indeed. It's a terrible shame, and she's going to pay very dearly for it, I'm afraid.
 

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Just to point out the other side of this - no one knows what "encouragement" entails. That this person mentioned being so close to killing herself rather than face the alternatives says she may not be evaluating situations with a clear head. For all anyone here knows, Konrath's "encouragement" could have consisted of "Good for you!" and nothing more.

Excellent point, Cyia. Thank you.
 

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She doesn't even have the 20k because she owes that to her publisher. And in the meantime she has no book either, because they are retaining that until she repays them.

That's what I meant, if she doesn't return the 20k like a few have been advising in her blog comments, she can't publish the book anywhere else. In all likelihood the 20 is gone already anyway so the book is now dead in the water for the time being. What a waste of four year work.
 

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Oh dear. There's a definite "If you're not with us you're one of THEM" feel going on here. Along with the "publishers are EVIL!" vibe.
 
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