The Old Neverending PublishAmerica Thread (Publish America)

The Federal Trade Commission

Okay, before reading, please read my previous post.

Now...yesterday I started in on a new line of inquiry, which is the FTC, Federal Trade Commission. From what I have gathered, they are much more amenable to looking into Publish America's deliberately deceptive advertising and operation than anyone I've previously spoken to on the State level.

So...let's give them a shot, folks. I know you're tired, and sometimes it seems hopeless, but if we don't try, we're definitely licked, right? (And think about Writer Beware -- we currently have five active cases we're working on! Publish America is only one of them!)

So...there is a website you can go to, to write email to them.

But I recommend either calling or writing. They will give you a reference number for your complaint, which means it has to be logged. Write a letter telling about your experience with Publish America, stressing how their deceptive website, advertising, Info Center communications, etc., gave you misleading/erroneous information, and how you believe the deception is done deliberately to ensnare writers.

As an attachment to your letter, I suggest quoting PA's website, Info Center emails, contract, etc., anything to back up your assertions that PA is not presenting a true face to the writers of the world.

Here's the address for the FTC:

Federal Trade Commission
attn: CRC - 240
Washington, DC 20580

Here's their phone number:
(202) 326 - 2000

Here's the URL for the consumer complaint form to fill out:

/rn.ftc.gov/pls/dod/wsolc..._CODE=PU01

please note: the first two letters are "r" and "n" not "m"

Should the URL not work (I've tried to type it in carefully, but hey...) just google FTC. The complaint form link comes right up.

Okay, I think that about does it for today. I gather that the Maryland Attorney General's Office has finally decide to response to the letters people sent, leveling with folks and saying they have no jursidiction. Better late than never.

Come on, guys, let's adapt our previous letters for the FTC. It won't be that hard. If you get any response (other than just being assigned a reference number) please stay in touch with me and Writer Beware.

Please feel free to copy this letter, along with my previous one, to any writing websites where PA authors are likely to see it. Thanks.

Excelsior!

Best,

-Ann C. Crispin
WriterBeware
[email protected]

Re: Meanwhile, at PA

From the P.A. thread posted by James...
How can the logo say this...

PublishAmerica books have the same chance of making it onto a bookstore shelf as do the books of any publisher. It may be of interest that less than one percent of all authors ever see their books stocked by bookstores at all. For bookstores to stock all books published would mean adding 15 feet of new shelf space each and every day.

and say this at the same time.....

Bookstores order a PublishAmerica book more than 240 times each business day. Barnes & Noble, the nation's largest bookstore chain, typically places between 150 and 200 orders for PublishAmerica books each week.

Is it true..less than 1 percent of authors see their book in a book store???? .. I don't know ...I see books all the time and most are signed by a different authors name. I think if the logo had a butt.. it would be talking out of it......:lol

Re: Need your help

Whatchwant -

99% of all books written never get published - so technically PA's claim is true. However, the percentage of books published by traditional publishers that wind up on bookstore shelves is quite high - in fact publishers shoot for 100%.

These addresses should help...

I've done a lot of research on the government agencies in Maryland that deal with deception, fraud, etc. I've come up with a few that authors can send their paperwork too. However, I am sending out packets of documentation to each of these that people have send to me already. If you have disclosed the alleged wrong doings that PA has done with you to me, no need to waste a stamp. I have it covered. But, for the benefit of all, I will give addresses to the agencies that police the County that Frederick falls in:

Better Business Bureau of Greater Maryland, Inc.
Dear Ms. Barbara Enders
1414 Key Highway, Suite 100
Baltimore, MD 21230-5189

Montgomery County State's Attorney's Office
Mr. Douglas F Gansler
50 Maryland Avenue, 5th Floor
Rockville, Maryland 20850
(240) 777-7300

East Central Region (Believe it or not they police Maryland)
Federal Trade Commission
1111 Superior Avenue, Suite 200
Cleveland, OH 44114-2507
877-FTC-HELP 382-4357

Consumer Response Center
Federal Trade Commission
600 Pennsylvania Avenue
N.W. Washington DC 20580

Maryland Division of Consumer Affairs
100 Maryland Avenue, Suite 330
Rockville, MD 20850
240-777-3636
Fax 240-777-3768

US Attorney’s Office – District of Maryland
Mr. Thomas M DiBiagio
1414 Key Highway, Suite 100
Baltimore, MD 21230-5189

Re: Meanwhile, at PA

For bookstores to stock all books published would mean adding 15 feet of new shelf space each and every day.

First off, bookstores don't try to stock "all" books published. Law books, atlases, encyclopedias, medical books, textbooks, corporate documents, university press, scholarly works ... those aren't meant for bookstore sale, and typically aren't stocked.

Next, vanity published books (no matter what the author hopes) typically aren't stocked.

Local and regional publishers don't try to place their books in "all" bookstores: just the local and regional ones.

Next: 15 feet of shelf space isn't very much. Imagine a bookstore shelf unit, ten feet long, five shelves high. The whole unit has fifty feet of shelf space. Fifteen feet of shelf space is just one and a half of those individual shelves.

If the bookstore is planning to stay in business, they'd better hope they're selling more than 15 linear feet of books each and every day. But suppose the next shipment of books comes in before the shelves have been cleared by sales. What then? The bookstore makes room by either stripping or returning books that haven't moved in a certain length of time.

So there you have it. A typically mendacious PA Infocenter misleading/deliberately deceptive statement. They're trying to make excuses for why you can't find your PA book on the shelves of a random bookstore.

Re: Meanwhile, at PA

Well, apparently my local Borders is using its shelf space wisely because I can find several titles written by James D. Macdonald, and quite a few by AC Crispin ( to name a few AW board regulars) gracing the shelves. Some of the books I found were originally printed in 96 so I guess they have staying power. Wonder what PA has to say about that? Perhaps they would say that my Borders is just plain insane for not stocking PA books and stocking sci-fi novels from the nineties instead (insert claim that sci-fi writers use mind control). Personally, I think they just know what is quality and what sells...

What To Do...What To Do?

<img border=0 src="http://www.ezboard.com/images/emoticons/mad.gif" />PublishAmerica apparently had a good idea of just how long they could last lying to thousands of people, or else they wouldn’t have taken the chance. Which leads me to say this:

<img border=0 src="http://www.absolutewrite.com/images/emoteHammer.gif" />I’ll have four years of my PA sentence left to serve come June of 2005. It seems that if I were to continue fighting to get my rights back, then I’d probably have them back by the time the contract was up—or at least close to it.

<img border=0 src="http://www.absolutewrite.com/images/EmoteSmack.gif" />So where does this leave me? I’ll tell you. It leaves me with a two-part, in-depth, suspenseful, supernatural, psychological, mystery thriller epic that’ll still need some work done to it when it’s over—and that apparently doesn’t seem to fit the genre that any reputable “Big House” publisher would be looking for now…or even then for that matter. Almost ten years to write one novel, which I fully believe to be a work of art…how disconcerting. It seems that no secular publisher would want to print it due to a good deal of Christian literature, which isn’t meant in a preachy fashion at all. At the same time, I don’t see a Christian publisher printing it, either, due to the book’s rather horrific—and maybe even disturbing—nature. Alas, I suppose Twisted Oak: Eyes of Discernment may have to wait on the back burner for much longer than I had originally considered.

<img border=0 src="http://www.ezboard.com/images/emoticons/frown.gif" />Here’s the dilemma I face if I continue this crusade against PA (one that I’m fully in favor of, nevertheless): I face the fact that it’ll be time directed at them, instead of time with my wife, my family, my writing, the plotting of new stories, working on my Web site, and so on and so forth (oops, I almost forgot to mention my day job…or night job, depending on what shift I’m working).

<img border=0 src="http://www.ezboard.com/images/emoticons/eek.gif" />So if I don’t focus on my writing efforts now, where will that leave me when my PA contract is up…not much farther along as a writer for sure, at least that much I do know.
However, if I were to concentrate on something that grabbed the attention of a reputable publisher to the point of publication, then my foot would at least be in the door…I hope.

<img border=0 src="http://www.absolutewrite.com/images/emoteJump.gif" />Calling A.C. Crispin!

I really need your help with something. If you don’t see this here, then I’ll contact you at WriterBeware later on.

I was wondering if you’d tell me how you received permission to write Star Wars novels? Did you just start writing them with the hope of having them published, or did you have to contact Lucas Arts first? Would a well-written summary of the story be good to query them with, or is there a better approach? Do you believe that a writer would need credibility as a prerequisite before contacting Lucas Arts? Would Lucas Arts even pay attention to a writer if they didn’t have the credibility from the beginning?

I believe I have an intriguing concept for a Star Wars novel, but another thing that bothers me is how to protect it. How can a person protect an idea for a story that would be part of an existing saga belonging to someone else—namely George Lucas? I know that copyrights don’t protect ideas, only finished, fixed works—but this is Star Wars that I’m talking about here.<img border=0 src="http://www.absolutewrite.com/images/EmoteHeadbang.gif" />

--Tim

Re: Meanwhile, at PA

Well, apparently my local Borders is using its shelf space wisely because I can find several titles written by James D. Macdonald, and quite a few by AC Crispin ( to name a few AW board regulars) gracing the shelves. Some of the books I found were originally printed in 96 so I guess they have staying power. Wonder what PA has to say about that? Perhaps they would say that my Borders is just plain insane for not stocking PA books and stocking sci-fi novels from the nineties instead (insert claim that sci-fi writers use mind control). Personally, I think they just know what is quality and what sells...

Click to expand...

And look what my local SF bookstore carries:

Strauss, Victoria: The Burning Land

Crispin, A C : Aliens & Predators: Alien Resurrection
Crispin, A C : Star Wars: The Paradise Snare
Crispin, A C : Star Wars: The Hutt Gambit
Crispin, A C : Star Wars: Rebel Dawn

Doyle, Debra & Macdonald, James D: Trollkarlsskolan (Del 1 i Den magiska cirkeln)
Doyle, Debra & Macdonald, James D: Tornets hemlighet (Del 2 i Den magiska cirkeln)
Doyle, Debra & Macdonald, James D: Främlingens önskan (Del 3 i Den magiska cirkeln)
Doyle, Debra & Macdonald, James D: Striden i palatset (Del 4 i Den magiska cirkeln)
Doyle, Debra & Macdonald, James D: Klocktornets härskare (Del 5 i Den magiska cirkeln)
Doyle, Debra & Macdonald, James D: Den gyllene kronan (Del 6 i Den magiska cirkeln)
Doyle, Debra & Macdonald, James D: Trollkarlskappan (Del 7 i Den magiska cirkeln)
Doyle, Debra & Macdonald, James D: By Honor Betray'd (Del 3 i Mageworlds)
Doyle, Debra & Macdonald, James D: The Long Hunt (Del 5 i Mageworlds)
Doyle, Debra & Macdonald, James D: The Stars Asunder (Del 6 i Mageworlds)
Doyle, Debra & Macdonald, James D: A Working of Stars (Del 7 i Mageworlds)

Now, despite this store being in the largest shopping disctrict in Scandinavia, I have yet to find a PA, PB or PI book there, even though I've seen PA state several times that their books are available in Scandinavia. None of the other stores there stock PA books either. They won't even list them on their websites for online-ordering. I've asked a couple of friends who work at two of the biggest bookstores here if they've ever ordered a PA book for a customer -- they'd never even heard of PA.

Re: Re: Need your help

That sounds like a statistic and you can make statistics swerve to any side....

Re: What To Do...What To Do?

I was wondering if you’d tell me how you received permission to write Star Wars novels?

Real briefly -- I'm not Ann (nor do I play her on TV), but I've done a bunch of licensed work under the name "Martin Delrio."

You don't contact them, they contact you. Nor do you write the book in advance, or send them a query. After your first book comes out from someone else (which proves you can write a publishable novel), you get a call one day from your agent, saying "NameOCompany needs someone to write a NameOShow novel. You interested?" You say, "Sure am!" You get the information from the rights holder. Depending on who you're dealing with, this can be very small or very large.

If they haven't given you an outline to start with, you write an outline and send it to them. If they don't like it, you write another outline. If they don't like that one, you write yet another....

You write the book. If they don't like it, either they make changes or you make changes until they do like it.

As far as protecting your original bits -- forget it. They have squads of lawyers, and the contract will spell out that the entire work is the property of the company that hired you.

My best advice to you would be to write your story as an original novel. If the only reason someone would read it is because it's Star Wars, it isn't much of a story. If the story is strong enough, you can use other names, other places, other characters, other events, have a chance of selling it on your own, and keeping all rights.

You probably won't sell in the numbers that having the words "Star Wars" on the cover would give you, but you'll have the start of your own career.

Short answer: the people who write the tie-ins are already established pros.

Re: Meanwhile, at PA

Yo, JohannaJ7, could you translate this bit?

Det är troligtvis någon med onda avsikter som drar nytta av min elev och hans magiska talanger, sa Randal. Jag blir mer och mer övertygad om att det är någon här på skolan.

Äntligen har Randal nått sitt mål. Han får ta på sig trollkarlskappan, beviset på att han nu är trollkarl. Vad han inte vet är att han kan bli av med kappan om han missköter sig. Utan att själv vilja det gör han sig till ovän med isna gamla lärare på trollkarlsskolan. De påstår att han har missbrukat deras förtroende, och det innebär att hans tid som trollkarl kan vara förbi. Randal misstänker att någon av lärarna står under inflytande av onda krafter! Men vem? Ungdomsbok.

Star Wars Novels

Hi, Tim:

I've responded to you via private email, but for the benefit of others here, I'll just say that Uncle Jim is right. In the old days you might have been able to launch a writing career by starting with a famous tie-in franchise like Star Trek, but that is no longer true, for the most part.

Apparently Stargate may be an exception.

Star Wars is a totally closed shop. You have to have a good track record of sales with other books before they will even consider you.

Best,

-Ann C. Crispin

Personal for whitewolfzty

<BLOCKQUOTE>I understand that most of the eradicated posts are due to a lack of substance about writing. But my last post was directly related to the sales of books and the rankings that are given. I don't understand why it was pulled to begin with.

Any one see what I missed?
</BLOCKQUOTE>

<a href="http://www.publishamerica.com/cgi-bin/pamessageboard/data/lounge/6591.htm" target="_new">PA Why Was my post pulled</a>

Alas, none of my usual correspondents have forwarded it to me, KenC -- but if you write to me privately I'm sure I can tell you why your post was pulled.

Re: What's so sad about all this is...

In October 2002 I signed a contract with Publish America agreeing to allow them to publish my novel.&nbsp &nbsp &nbsp &nbsp It was a mistake not to seek legal advice before signing but I liked what they had to say. Dragon’s New Home was released May 2003, so I didn’t expect much from the royalty check that August. The second check in February was also small. But the advertising and reviews I arranged had been just been released. However, when the August 2004 check was even smaller after all the promotions, interviews and good reviews I received I began to question. I did some research and was able to prove I sold more books than I was paid for.
&nbsp &nbsp &nbsp &nbsp Publish America promotes itself as a traditional publisher, yet its business practices are more like a POD or vanity press. It denies it a Print on Demand, while claiming that POD is the future of publishing.
&nbsp &nbsp &nbsp &nbsp While traditional publishers do most of the marketing, PA authors are responsible for their own advertising, promotion, finding reviewers and for placing their books in brick and mortar stores. PA promotion is limited to having the author make out a list of friends and family, which PA uses to send out order forms. In addition Publish America’s policies of paying at the time of the order and no return make it difficult for their author’s to find placement. Although they will list them on their online shops, independent bookstores and major chains refuse to stock their books because of both policies. PA also prefers and actively encourages their authors to buy their own books and resell them, which is contrary to most traditional publishers’ policies. However it is financially beneficial for PA to do so; selling to the authors nets PA a minimum of 20% more per book. Even when an author does arrange for placement, PA makes ordering difficult and delays shipment.
&nbsp &nbsp &nbsp &nbsp Authors who ask questions are harassed and subject to personal attack. According to the contract, authors are entitled to a full accounting of royalties. However, it is not given at the time of payment and nor will PA sent the information. Instead authors are told they may view the information at their office in Maryland. Many authors have questioned the accounting practices of PA; their questions have been ignored or dismissed as ignorance of the publishing business. The 30, 60, 90-day payment practice of traditional publishers does not apply to PA due to their immediate payment and no return policies. According to Ingram, their major distributor, they give PA a monthly accounting of every book sold through them.
&nbsp &nbsp &nbsp &nbsp By industry standards, PA editing is poorly done, the books are over priced, their art is amateurish and their business practices are questionable. They promote themselves as traditional, but what they are in fact is an author mill with an estimated 10,000 authors contracted to them. They treat their authors with contempt and do not support the books they publish.
&nbsp &nbsp &nbsp &nbsp I have two reasons for contacting you. I want Dragon’s New Home to be release and I want other authors to know about Publish America’s business practices. I believe you can help me with both goals.

Theresa Chaze

&nbsp &nbsp &nbsp &nbsp

Is there or isn't there a Mike and what about a book signing

So is there a Mike and were there 100 copies of a PA book ordered?

RE: Barnes and Noble decision

www.publishamerica.com/cg...e/6506.htm


Message:
Hi Danielle, I think you should talk to the Distric manager of the store because they are picking up my book, and my signing is on January 28th at 8:00PM at Aventura Miami FLorida as Mike told me he will be ordering about 100 to 150 books, now if in the event that for some reason they don't sell which I doubt it because I have been there for almost a year now doing readings, but I told them I will pick them up at a discount price, see if they pick your book they do promotions like posters banners press releases, so don't let one person take control and search some more Im sure you will do just great
as always
Blessed Be
Illeana

*****************************

Later on

Message:
Hi

I read on this forum that someone by the name of Ileana had set up a book signing with Borders in Aventura, Florida, and that someone by the name of Mike had said he would order 100-150 books for the occasion. I'm curious- I went to that Borders today and asked for a Mike and the young lady told me there was no Mike there at all and had never heard of a Mike. As well, she told me that for a book signing, I had to speak to the Area Marketing Manager... who is probably part of the Book Store Mafia that will probably never return my three million phone calls. Ileana, if you read this, can you please respond and let me know what you did to get a signing?

Or if anyone else can help me, I would appreciate it. I'm having a hard time getting book signings.

Thanks!
**********************************

Curious.

Dee
www.BrianHillandDeePower.com

Re: Is there or isn't there a Mike and what about a book sig

Perhaps the signing will be at Barnes & Noble rather than Borders? (There's a B&N just up the street from Borders in Aventura, FL.) The other choices are Pierre International Bookstore and Tarbut Center, Inc.

Someone who signs their posts "Blessed Be" probably isn't looking for a signing at Daniels' Bible Book Store (Home of the Giant Print Bibles) or Sefarad Judaica.

Does anyone know the name of Illeana's book?

Re: Re: Need your help

Illeana Villafana, author of Come Share My Dreams, will have her first signing at Borders at Aventura Miami Florida at1:00PM on the 1/15/05.

From the PA website.

:coffee

Book by Illeana

There is an Illeana in the PA bookstore.

"Come Share My Dreams" by Illeana Villafana
ISBN: 1-4137-4506-7, 57 free verse poems

James, Ann...Thanks.

James, Ann…thanks for your help.

Uh-oh, better go; my mind is beginning to stir—ideas are brewing.

<img border=0 src="http://www.ezboard.com/images/emoticons/smile.gif" /> Thanks again, ya’ll.

Sincerely,
Tim

Re: Meanwhile, at PA

Det är troligtvis någon med onda avsikter som drar nytta av min elev och hans magiska talanger, sa Randal. Jag blir mer och mer övertygad om att det är någon här på skolan.

Äntligen har Randal nått sitt mål. Han får ta på sig trollkarlskappan, beviset på att han nu är trollkarl. Vad han inte vet är att han kan bli av med kappan om han missköter sig. Utan att själv vilja det gör han sig till ovän med isna gamla lärare på trollkarlsskolan. De påstår att han har missbrukat deras förtroende, och det innebär att hans tid som trollkarl kan vara förbi. Randal misstänker att någon av lärarna står under inflytande av onda krafter! Men vem? Ungdomsbok.

Click to expand...

Quickie tranlsation:

"Someone with evil intentions is probably using my student/apprentice and his magical talents," said Randal. "I'm becoming more and more convinced that it's someone in this school."

Randal has finally reached his goal. He can now wear the wizard's robe, the final proof that he's a wizard. What he doesn't know is that he can lose the robe if he misbehaves. He unintentionally makes enemies with his old teachers at the wizarding school, and they claim that he has abused their trust. This means his life as a wizard might be over. Randal suspects that one of the teachers is under the influence of evil forces! But which one? Young Adult fiction.

Re: Is there or isn't there a Mike and what about a book sig

Someone who signs their posts "Blessed Be" probably isn't looking for a signing at Daniels' Bible Book Store (Home of the Giant Print Bibles) or Sefarad Judaica.

Click to expand...

:rollin :ha

Ok, I find that funny for purely personal reasons.

Re: Meanwhile, at PA

Thanks, Johanna, you're a peach.

<hr>

Meanwhile, back at PA, we read:

<BLOCKQUOTE>I wish this whole POD thing would go away, I've tried to explain to bookstores that no matter what Ingram says, PA is NOT a POD company, how do you convince them otherwise, and why is Ingram making it so hard for us by telling everyone we're POD? I just don't get it!</BLOCKQUOTE>

Barnes and Noble decision

Alas, Fox, it's true. It's what we've been trying to tell you for years. PA is a PoD company. Ingram knows it, the bookstores know it, everyone knows it but the bedazzled PA authors.

Why don't the PA authors think PA is a PoD? Because PA says they aren't. PA says: "FACT #5: PublishAmerica is NOT in any way a POD, vanity press, or subsidy publisher, and has nothing in common with them."

Listen up, kiddies: PA is lying to you. Even PA knows that they're lying. Listen to PA on their "About Us" page: "Because they took full advantage of the latest printing technology before anybody else did, the company can afford to sell all copies of a book on a non-returnable basis. Consequently, no book is ever wasted now that each copy can be printed in accordance with real demand."

Did you hear that? Non-returnable, printed in accordance with real demand?

Or how about their contract? "3. The Publisher agrees to cause all copies of the said literary work to be printed as the market demands, and agrees, furthermore, to cause the copies so printed to be bound, from time to time, in sufficient quantities to supply purchasers of the said literary work therewith."

"Printed as the market demands." You can't get much plainer than that ... PA is Print On Demand.

So you see, no mystery why Ingram and the bookstores regard Publish America as a Print on Demand company: It's because they are! They don't print a copy until a paid order is in hand. What did you imagine PoD meant?


<HR>

Update: I couldn't help noticing that on their "Facts and Figures" page that PA has gone from calling themselves "the number one book publisher in the nation" to calling themselves "One Of America's Most Spectacular Book Publishing Companies." Are they getting mindful that folks investigating them for false advertising are sniffing around?

Re: What's so sad about all this is...

Tirgana, welcome. I'm sorry that you've gone through the wringer.

You're among friends here.

Another banning?

My sources say there's been one. If anyone knows of someone who needs to hear that there's support waiting, please let that person know.

Re: Another banning?

PA has also stopped comparing itself to Random House on its website. The website is as misleading as ever, but most of the literal untruths are gone.

- Victoria