Need some advice

JCNoelle · Sep 22, 2010

Hi, everyone. I was wondering if there was anyone here who has been able to get out of their contract with Publish America that could tell me how to do it.

Here is the story...

I signed a contract for a book and later found another publisher who is willing to publish it with no strings attached, etc. I was going to publish through CreateSpace, which is owned by Amazon.

PA said I can't break the contract once it is signed because it's a legally binding contract..

I really want to publish under CreateSpace. Is is possible I can just change the title and author name, and still publish the same book, or would that be something fraudulent that I could get in trouble for?

I really don't want my book with PA now that I've heard of the horror stories. How do I get out of my current contract?

Thank you in advance for any help anyone can give me.

JC Noelle

BenPanced · Sep 22, 2010

You've signed the contract with PA and despite their deceptive practices, you're bound by that contract. No matter what you change, you'll be guilty of breach of contract and PA can sue.

ResearchGuy · Sep 22, 2010

Absolute Write has threads with tens of thousands of posts about PA, many exploring that same question.

In a nutshell:

1. You can buy your way out. Last I heard, they are down to a hundred dollars or so to get the contract cancelled. If you offer, say, $300 it should be an easy transaction. Depends on what it is worth to you.

2. You can request termination of the contract. Sometimes -- and no one knows exactly why -- that works. be sure to explain that you will not be buying any copies of your book.

In either case, be polite and professional and businesslike. They do NOT respond well to whining, threats, etc.

Be sure to get the cancellation in writing, and unambiguous. Do not violate the contract. Bad as it is for the author, it is binding.

--Ken

JCNoelle · Sep 22, 2010

So basically I'm stuck and have to let them publish it. Great. Wonderful news. Yippee. *sigh* Well I guess I just will have to stop all procedures with Create Space on this book and give them a different one.

Thank you for the help anyway.

Marian Perera · Sep 22, 2010

Hi JC, and welcome to the board.

Your only safe options are :

1. Outlast the seven years of the contract (and work on other books during that time).
2. Pay PA to get your rights back - last I heard, that was $99. ETA : Or as Research Guy said, try asking them - but no guarantees.

That's one reason there are so many warnings online about PA - once you sign their contract, that's it for your book.

DeadlyAccurate · Sep 22, 2010

Here's the link for the $99 reversion. http://www.publishamerica.net/product94552.html

It sucks; it feels like extortion. But you did sign the contract, and you did give them your book, so this would probably be the fastest and easiest way to get it back.

merrihiatt · Sep 22, 2010

Welcome, JCNoelle! :welcome:

I tried for two years to get the publishing rights returned to me but I was unsuccessful. I chose to pay the $99 and did get the rights returned to me. As folks have stated, some people have had their rights returned by simply requesting it over and over again (being polite and persistent). I know it's frustrating. Take a deep breath, keep on writing, and soon PA will only be a memory.

brianm · Sep 22, 2010

The reversion of rights contract PA offers for $99.00 is a terrible document and not one I would ever sign. If it were me, I would try to get my rights back without paying or sit out the seven years.

Good luck.

~brianm~

BenPanced · Sep 22, 2010

brianm said:
The reversion of rights contract PA offers for $99.00 is a terrible document and not one I would ever sign. If it were me, I would try to get my rights back without paying or sit out the seven years.

That's right. Doesn't it have a non-defamation clause?

brianm · Sep 22, 2010

BenPanced said:
That's right. Doesn't it have a non-defamation clause?

Yes.

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, maintain and/or post a message to any Internet web sites and/or message boards in which the content disparages or mentions Publisher in any manner whatsoever; Author will also remove any messages posted by him on the internet or in any other forum concerning Publisher.

More discussion about this contract can be read in the Newer Never-Ending PublishAmerica thread beginning at post #3447.

~brianm~

merrihiatt · Sep 22, 2010

My return of rights letter did not have that clause, just FYI.

DaveKuzminski · Sep 22, 2010

Don't accept a gag. Keep the truth about PA in the open. Also, send them a letter stating you do not intend to renew the contract (just so you won't end up waiting for 14 years which some PA contracts stipulate).

kaitie · Sep 23, 2010

Some contracts also stipulate that the letter not to renew must be sent within a certain number of months before the contract expires, doesn't it? I'd say that they have so many versions of the contract that the best idea is to look at specifically what it says to make sure you know exactly what the rules require on yours specifically.

That really stinks, and I wish you the best of luck. The best option is probably to start working on your next book, as painful as it is to put this one aside.

I haven't seen anyone else mention it on here, but have you considered going through a commercial publisher instead of self-publishing? If you're set on self-publishing that's fine, too, but there are a lot of resources out there and a lot of information on this site if you'd like to have a go at finding a commercial publisher or agent. Wishing you the best of luck.

JCNoelle · Sep 23, 2010

As painful as it is, I have decided to let that book go to PA. It's just not worth the hassle anymore and I don't have the funds to buy out the contract. Not to mention I don't want them getting any more of my money.

I'm working on my next book which I will publish through CreateSpace, which is owned by Amazon. It's simple to do and there are no contracts to fulfill.

Thank you all for the advice. No more of my books will be published through "RubbishAmerica".

merrihiatt · Sep 23, 2010

Good luck with CreateSpace, JCNoelle.

Marian Perera · Sep 23, 2010

JCNoelle said:
As painful as it is, I have decided to let that book go to PA. It's just not worth the hassle anymore and I don't have the funds to buy out the contract. Not to mention I don't want them getting any more of my money.

Believe me, the moment you stop buying your own book, PA won't make any more money off of it.

Best of luck!

James D. Macdonald · Sep 23, 2010

JCNoelle said:
I'm working on my next book which I will publish through CreateSpace, which is owned by Amazon. It's simple to do and there are no contracts to fulfill.

Why not try commercial publishing?

If you book is worth reading, isn't it worth getting it to readers?

Sue.Sylvester · May 25, 2011

What about title and cover art?

I am going to pay the $99 to buy back my rights, what about the title of my book and the cover art? If you Google the title of my book, it will show PA as my "publisher", it is listed on Amazon under PA. How long will it take for that to correct? And what about my cover art? Does that belong to them or to me? I must admit that I really do love the cover art they did for my book.
My experience with PA is much like the multitudes of others who have posted on this and other similar boards so I will not go into details, I just want to disassociate myself with them- they are actually preventing me from being able to sell my book, and the story is just too important to die on the vine at PA.
Should I change my title and start submitting to real publishers?

How long does it take for them to respond once you pay the $99? My history with them dictates that this is likely not going to be as simple as sending them $99, I would be quite happy to be wrong in my assumption here.

I did not do my due diligence, shame on me.... I won't be fooled again *cue The Who.*

Marian Perera · May 25, 2011

Sue.Sylvester said:
And what about my cover art? Does that belong to them or to me? I must admit that I really do love the cover art they did for my book.

Hi Sue,

Unless you created the cover art for your book, PA owns it - though that may not be a loss. PA usually uses stock images for covers (and often recycles cover art).

Should I change my title and start submitting to real publishers?

The title doesn't belong to PA, so you could keep that. If you're submitting the book to commercial publishers, though, you'll have to let them know it was published before.

Sue.Sylvester · May 25, 2011

Thanks Queen. I am so excited about the renewed chance I have here to get my book into the mainstream.

I am unsure how to handle the fact that it was "published" before by Publish SCAMerica..... by telling them, this puts my book in the dumpster, but as I was advised in another thread, I can't lie about it either.

I am going to rename, rework, polish, fine tune, and re-emerge bigger and better then I could have ever been with PA.

It seems to be a real rock vs hard place situation.

JulieB · May 25, 2011

I'm going to chime in here and suggest you probably want a brand new cover, anyway. One, this is a new edition of the book. (If a publisher picks up the book, they'll probably insist on a different cover.) Two, the version with PA will still stay on Amazon even though it's "out of print." They do that to facilitate used book sales.

So, IMO, you WANT a new cover to differentiate it from the previous edition.

Sue.Sylvester · May 25, 2011

JulieB said:
I'm going to chime in here and suggest you probably want a brand new cover, anyway. One, this is a new edition of the book. (If a publisher picks up the book, they'll probably insist on a different cover.) Two, the version with PA will still stay on Amazon even though it's "out of print." They do that to facilitate used book sales.

So, IMO, you WANT a new cover to differentiate it from the previous edition.

Good advice and I agree.... thanks Julie. (You grow your own cat nip huh?)

JulieB · May 25, 2011

Sue.Sylvester said:
Good advice and I agree.... thanks Julie. (You grow your own cat nip huh?)

I can't grow anything else. Catnip thrives. Everything else just doesn't grow well. ;-)

ResearchGuy · May 25, 2011

Sue.Sylvester said:
. . .I must admit that I really do love the cover art they did for my book. . . .

A commercial (non subsidy, non vanity) publisher will design its own cover, maybe or maybe not with author's input.

Soho Press completely replaced the original cover (twice!) AND title when it republished Dandelion Through the Crack as Kiyo's Story. The author hated the new title and hated the new covers (changes were made against her explicit preferences) and both changes (title and cover) damaged the book and probably were major contributers to the paucity of sales. A few years ago I heard novelist Persia Wooley complain about the inappropriate cover (wrong for her historical novel) that a large commercial publisher put on at least one of her novels.

--Ken

Marian Perera · May 25, 2011

Sue.Sylvester said:
I am unsure how to handle the fact that it was "published" before by Publish SCAMerica..... by telling them, this puts my book in the dumpster, but as I was advised in another thread, I can't lie about it either.

Whether or not it ruins your book's chances depends on how good your book is - and by good, I mean marketable and competitive when compared to other books in its genre (books released by commercial publishers). Off the top of my head, I can think of one book which was first released by PA but then reprinted by a commercial press - J. H. Sweet's Marigold and the Feather of Hope. And I'm sure there are others.

But you're right, you can't lie about it. The only thing to do is to make sure the book is as good as possible and to be aware of what commercial publishers look for in queries and submissions.

Best of luck!

Need some advice

THE BLUEBERRY QUEEN OF HADES (he/him)

Resident Curmudgeon

starting over

Absolutely Fazed

Writing! Writing! Writing!

Brian Boru

THE BLUEBERRY QUEEN OF HADES (he/him)

Brian Boru

Writing! Writing! Writing!

Preditors & Editors

With great power comes

Writing! Writing! Writing!

starting over

Your Genial Uncle

starting over

I grow my own catnip

I grow my own catnip

Resident Curmudgeon

starting over