The Old Neverending PublishAmerica Thread (Publish America)

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D James

Re: I do not know this for a fact

"Yes. The next publisher, knowing that this is a reprint, would want to know that you had the rights in order to sell it to them."

<a href="http://p197.ezboard.com/fabsolutewritefrm32.showMessage?topicID=24.topic" target="_new">Anyone remember this link?</a>
 

Valena Graham

Re: I do not know this for a fact

You can include the email from PA, if you recieved one. Or a copy of the paper or gag order. But there is another way. Change the title, and charactors names. Change the book to some degree, and perhaps use a different name for yourself. Then send it out, not saying anything about PA. Any publisher will see you as a first time author anyway, even with the knowledge that you were taken by PA. The book is now different, and why make any publisher wonder why you were with PA in the first place. Give your book the chance to succeed.
 

ProandCon

Re: I do not know this for a fact

"The publisher that I am with now is the one that told me about PA's dishonest practice and sent me here. That being said, he's told me if I get free of them to send him the manuscript. I shouldn't have problems with a gag order if this is my scenario correct??"

TuppGal,

You need to consult with an attorney before making your decision to get out of your PA contract and then try to publish your book with another publisher.

It does appears that you could publish your book with a new publisher as long as your new publisher doesn't ask to see the PA release agreement which, according to Mr. Macdonald, the request to see the release agreement will most likely happen to verify your book is actually contractually free to be published again.

If you show the signed and agreed upon release agreement to your new publisher, you are technically in violation of the provisions of the agreement. PublishAmerica could possibly sue you for damages.

Again, you really need to seek legal advice.

P&C
 

TuppGal

Re:

I can't afford an attorney. I guess I just wait and see if I get a gag order and if so if they will ask me for a copy of the release or just take my word for it.

I did notice on the gag section this clause:
Author agrees that he, his agents, attorneys, employees or family members, will only represent that the relationship between Author and Publisher was “dissolved amicably” and will not disparage Publisher in any manner whatsoever, or host and maintain any Internet web sites whose content disparages Publisher in any manner whatsoever.

So technically I can say I was "dissolved" of my "relationship". It fits their specifics and yet will mean the same.

Tina

I will be changing the title and adding to it. Its nonfiction so I can play around with the headings, chapters, etc and like has been said before no one but PA will know its the "same" book and they won't be able to say anything or break their own gag order. I just wish it was over.
 

bikrpreacher

Re: Interpretation of e-mail headers

It sounds to me like, (but I don't know much!), if the publisher sent her here, he knows about who she was published with, could he publish her book knowing without asking her for the proof? No one would be in trouble then would they. It sounds like he would not ask.


I love the re-write idea, thanks for posting that thread, I have been working on mine since reading it and thinking about that post all day.
 

DaveKuzminski

Re:

Yes, but can you trust PA not to claim that comments made now were not in accordance with the later agreement? PA has already demonstrated that they don't honor contract dates by continuing to sell books that were released. They might still try to sue you for things you stated before the reversion that you didn't go back and delete. In fact, some forums don't have delete options, so you'd be stuck trying to get those removed.

Also, if PA hears of anyone not signing with them because you recommended against it, you'd still be disparaging them. In other words, they'd be taking away much of your freedom of speech.

By the way, PA won't know if it's the same book or not should you change things to get it published properly. After all, they usually don't read beyond page 30.
 

TuppGal

Re: bikrpreacher

Precisely. He was the one that told me never to mention I was published there cause they aren't a real publisher and are blacklisted by several publishers. He told me to check them out really good (by that time I had a contract signed and it was too late I thought). He has published one of my books and has two others in Acquistions. He pays a royalty and an advance, lol, so its like heaven compared to PA. So yea. I think that with a new title and a new format, and added chapters, it will be ok. After all I will have the paperwork stating that it is my work to do with what I wish.

But first I have to get out of the damned contract! lol

BIKRPREACHER hi there, I knew you vaguely from reading the PA boards, I never posted there much as I was sickened by the lack of posters knowing how to spell. Hope that you are doing well and seeing light at the end of your PA tunnel as well.

Tina
 

TuppGal

Re:Dave

The only place I've said a bad word about PA is here and to them via email. I don't want to bash, I want things to change.

And I literally blew coke all over my monitor at the "they usually don't read past page 30" as I remembered the "300 page novel" that was only the first 30 pages done 10 times. Thanks for the laugh!
 

bikrpreacher

Re: Libraries

Hi Tina.
LOL, I think everyone over there knows me before they even get a password...I talk, uh, type a lot.
I'm not worried anymore, being here has helped me more than I thought. I have learned more here that's for sure. I really did not learn anything about the publishing business from there at all; the only thing I learned from this experience is that I sure can get myself into a mess!

I cannot even say, well, at least my story got out there, because it really did not...only to a few.

Chris


PS Good for you for finding a publisher to talk to!
 

Kate St Amour

Re: No Haggerstown office for the AG

Dee,
I'll forward you the response they sent to me when I questioned why they sent an email. I posted their response on this thread a while back, but now that things are unraveling, I think it would benefit the PTB to have the source code and more documentation. ):
 

Kate St Amour

Re: my PA Letter

Unfortunately, just writing the BBB isn't enough. Heck, I'm quoted in Publisher's Weekly and they won't give me my rights back.
I'm glad you found your way here though, (Hello to you too, Grace.) because together we can all make a difference.
 

TuppGal

Re: my PA letter

Kate... Have you sent them a certified letter requesting it? Just trying to find the "magic bullet" that may work. I wrote the BBB, the AG, the FTC, and the County Board of Commissioners. Plus the website for ripoff report. I am mailing the certified letter tomorrow. I am attempting every agency that may contact PA and irk them enough to remove me as a potential thorn in their side. I've removed all mention of that book on my website, my email signature, etc.

Tina
 

XThe NavigatorX

Re: No Haggerstown office for the AG

I was sent this email and have permission to post:

Peggie McKee does not work for the Office of the Attorney General. There is no Haggerstown office. The Baltimore office has no position of Citizens Response Coordinator. All of the offices have email, internet and government database access.
Click to expand...

Oh for crying out loud.

Could someone please look at me and tell me if I have a "commit felonies against this person!" tattoo on my forehead? The year is eleven days old, and it's already becoming a pattern.

I've never had any desire to become involved in any of this beyond my daily, over obsessive voyeurism. Now I have to start making phone calls and stuff. Cripes.
 

Kate St Amour

Re: my PA letter

I haven't sent a certified letter yet, I have a few other things in the works though.
 

James D Macdonald

Low Cost Legal Help

You might try going to Google and searching on "Volunteer Lawyers for the Arts."

Also, look in the index thread for legal help and lawyers.
 

bikrpreacher

Re: This is EXACTLY why I fight!

Wow, a felony...someone check and see if my name is on that bogus letter...
 

D James

Re: I do not know this for a fact

"If you show the signed and agreed upon release agreement to your new publisher, you are technically in violation of the provisions of the agreement. PublishAmerica could possibly sue you for damages."

I can't see PA going that far, really. Do you think they'd want their business practises brought out into the open like that? They do well because they float just under the radar screen.They know it.

Of course, like Jim, I'm not a lawyer, nor I do I play one on TV.

D James
 

winniemitzandme

Re:Allow me to add a little something here.....

When I received my release, yes with #7 in it, nothing about the book, just about keeping quite and saying nothing bad about the publisher, I sent an email to Ingrams, LSI and typed in the first two sections of the release form where PA had released me from contract, and told them they could contact PA if they wanted to to confirm my release. I did NOT notify PA of what I was doing.

In this email I notified Ingrams and LSI that if they printed one copy of the book of which I had been released with PA from I would file a law suite against them for copyright infringement.

I also sent to B&N, BAM and Amazon this same email, of course placing their names in the email instead of Ingram, LSI informing them if they sold one copy of the said book and telling them they could contact PA to verify this, that I would file law suite against them as well. B&N and BAM removed said book the next from their .com bookstore, the only place it was available, and Amazon has 5 'new and used copies' which I am thinking about buying them up, then sending them another email telling them what I have done and to remove book from their listing.

I also notified PA with this same email, they removed the book the same day.

A couple of weeks after sending the email to Ingrams, LSI, I received a phone call from PA who told me that Ingram, LSI had notified them my book had been removed from their ordering system. Remember, I never told PA what I was doing. I have since called Ingram, LSI and sure enough, my book is no longer listed.

I do not fear PA nor any of the people who works for them, they want to do anything to me for typing the portion of that agreement into the body of the emails I sent off to those companies, bring it on!

The way I look at this thing, our books were never in any bookstores for the general public to walk in, pick up and read. The only place there were/are found are on the .com book sites and PA, no biggie.

I will say this. I have changed the title of that book, changed the characters names and now a real publisher is reading it, that's all I will say about that.

Violet
 

Sher2

Re:

I will be changing the title and adding to it. Its nonfiction so I can play around with the headings, chapters, etc and like has been said before no one but PA will know its the "same" book and they won't be able to say anything or break their own gag order.
Click to expand...

Hey, Tina, nice to see you again. Is this the "yummies" book we're talking about?:)

I wouldn't worry about PA knowing it's the same book; it's not like they read your manuscript.
 

BeckEaston

Welcome Tina

You can add yourself to the "real" petition that continues to go out. I do have someone I am talking with and Ann & Dee are the some of the most persistent authors here. They'll help. Dee even has a lawyer who is interested in your story. Welcome to our world. You can always email me and I'll add your story to the hundreds out there. [email protected]
 

TuppGal

Re: PA termination agreement

hi Sherrie, Yes it is. Sigh.

On the bright side though I'm doing quite well with all my other manuscripts, lol..

Thanks all
 
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