Advice on surviving the burn of a burn out! :(

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Lainey Bancroft

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Not a writing burn out...worse. A publisher burn out.

In good faith I contracted a book with a new division of an established publisher. Just today, I discovered (via a facebook bulletin, no less) that my so-called publisher had "switched gears" and was no longer going to publish romance,

WTF? My book is no longer listed on the site and I did NOT receive a SINGLE contact from any of the 'players' in the group that they were restructuring.

I'm...........gobsmacked. (Not to mention, mad as hell)

Any and all advice on how to end a contract, get a rights revision etc. would be much appreciated.

Luckily, I've sailed in smooth waters to date. My sales with my other pubs are not in the 'retirement' numbers, but at least all my other pubs have been straight up about publisher goings-on. This just...yeah...I don't even know what to say.
 

Karen Junker

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I'm not a lawyer, but...is there a clause in your contract that allows you to pull your book?

I'm so sorry this happened to you.
 
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Nightmelody

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That's tough, publisher decisions amd meltdowns are so hard because we have so little control. Check your contract, you might need to send a letter by certified mail to request your rights back.

After Triskelion went down, followed by my next pub, Twilight Fantasies, I took a break from subbing. I kept writing though. Now I have files full of stories in various stages of completion, one series, a couple of continuity stories, and several are scheduled for submission this coming year. My upcoming releases come from that pool of stories.

I think its good to spread out to different pubs, because we all know not all the small pubs will be here in the next year or five years. If one dies the death or makes big changes, you have contacts and editors at other pubs.
 

Gillhoughly

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Yes, check your contract and if you have an agent, call up and get some strategy going.

If you don't have an agent, get one.

I don't know what publisher, but if it was an advance-paying commercial one, then you shouldn't have a problem finding an agent who can help you with what may be an "orphan" deal.

(I can recommend one if you leave a message for me.)

AND--this kind of stuff happens all the time.

Editors leave and the new one who inherits your book may not like it much, and blame you if the book tanks. Happened to a friend of mine years ago. She's now a NYT bestseller.

Publishers switch gears or go out of business--that happened to me! A small press went bankrupt just as they accepted my first novel.

I was devastated and ANGRY.

I was so angry, that when I got the book back I sent it to the biggest damn publishing house I could find in Writer's Market.

A month later the editor called asking for a full.

A month after that they offered me a multi-book contract.

Had that small press not gone under I'd have never made a MUCH better deal!

Yes, it is true. Shit happens for a reason.

Hang in there.
 

Lainey Bancroft

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Hey peeps, thanks for the feedback. I'm not a lawyer either, but obviously I should have hired one. From what I'm reading, I can have my rights back with written notice "no sooner than three (3) years after the Publishers own edition(s) of this work cease to be offered for sale"

Yeah. Not looking good. Nothing about this has been good. The Publisher was supposed to do short print runs with limited distribution within a certain period of time. Instead, the books went POD (at an outrageous price) almost as soon as they released digitally. Also, the contract states that "Publisher may, at its discretion, remove the work from publication....and will give notice to the author of removal from distribution"

Notice? Poof. There one day and gone the next. No one has even responded to my email.

I wish they had imploded before they published. At least then my 'baby' wouldn't be tarnished. I could put it all under the bed for three years and not think about it. Instead, I put time and effort and leg work into promo, sent my book out for reviews and bought books for a signing (books that printed with my WRONG D.O.B, no less grr) and suddenly I'm selling something that isn't for sale.

I feel very used. And stupid.
 

Susan Gable

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Hey peeps, thanks for the feedback. I'm not a lawyer either, but obviously I should have hired one. From what I'm reading, I can have my rights back with written notice "no sooner than three (3) years after the Publishers own edition(s) of this work cease to be offered for sale"

Because they have decided to go in a different direction, hopefully they will give the rights back to you immediately. My fingers are crosed that that's the case.

bought books for a signing (books that printed with my WRONG D.O.B, no less grr)

Why is your date of birth in your book?



I feel very used. And stupid.

Don't feel stupid. You had no control over what they did. As Gil pointed out, stuff like this happens all the time in the industry. The door has closed, but watch for the opening window. I found Gil's story to be very inspirational.

Good luck!!!

and {{{HUGS}}}} and chocolates!

Susan G.
 

shameless

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Oh, Lainey! :Hug2: I'm so sorry! And please don't feel stupid! For pity's sake, look how many authors have been burned in the same way. I can think of a handful of publishers without a whole lot of mental strain.

I'd be doing whatever you have to do to get your rights back. Your stories are fantastic! I've loved every single one of them! Once you have those rights, you can sell it to a better publisher.

Hang in there!
 

Nightmelody

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Does your contract have a clause for publisher breach of contract? Because if the contract states they notify you and they did not, then they are in breach of contract. You might not have to wait 3 years then.
 

Erin

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Hey peeps, thanks for the feedback. I'm not a lawyer either, but obviously I should have hired one. From what I'm reading, I can have my rights back with written notice "no sooner than three (3) years after the Publishers own edition(s) of this work cease to be offered for sale"

"Publisher may, at its discretion, remove the work from publication....and will give notice to the author of removal from distribution"
Sorry to hear about this.

Was there a time period in your contract where the publisher was to give notice of removal from distribution, i.e. 10 days in advance, or within 60 days after removal? Something like that? That could be a breach of contract if they haven't notified you. But before you start citing breach to them, get final word from them (or other proof) about the restructuring, then ask for your rights back "due to the publisher's decision to quit publishing romance." Don't wait for the 3 year period.

If you have an option right in your contract for your next romance, I'd also ask for a full contract cancellation so you're not on the hook for a future work (in case they start publishing romance in the future).

FYI...I'm not a lawyer, so don't take this as legal advice!
 

Lainey Bancroft

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:Hug2: to all. The information and support is appreciated like I can't begin to say. I've been lucky so far with publishers so this came so-so-so very outta the blue I had no idea what to do.

Susan, I've no idea why the book had D.O.B??? Baffled when I saw it (and offended--hell, they made me ten years older than I am) I think they made a strange attempt to be all old-school literary-like 'author LB, B-1958-____' Bleck.

Nightmelody and Erin, GREAT points. I spent the better part of my day writing a cancellation/reversion of rights letter and studying my 'letter of agreement' from the publisher sans rose colored glasses. Yeah, it wasn't pretty.

I had hoped to claim breach of contract based on the publisher not telling me my book would no longer be listed on the site. Unfortunately, there is a clause in there about 'three years from the last Publisher edition(s) being listed for sale' or something to that effect. Another author informs me that although the press has dropped romance, they intend to leave the Amazon sales listing, which means despite the fact I have no publisher backing and support, technically, they still have my book 'listed for sale'.

What fun and games. NOT.

Gill, extra:Hug2: Will follow up on your advice and hope for the best. T'anks.
 

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Lainey, I've just come across this thread. I'm sorry this happened. With so many publishers finding success in the romance genre, it's stunning to find one that is abandoning the field.

It was stunning enough that I did a bit of searching and discovered the publisher that done you wrong. At least, I'm pretty sure I have. Is there a reason you don't want to out the Evil Empire?

By naming names, you'll raise a flag to alert the other writers here. (My partner and I are completing a final draft of our science-fiction novel. Do you think we'll send it to your former publisher NOW? After they way they've treated you?) You might make enough public noise that they'll address your contract issue without costing you a lawyer's fee.

Again, I'm sorry this had to happen to such a lovely person.
 

Lainey Bancroft

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((Thanks, brainstorm.))

Hey, PortableHal. No particular reason for secrecy, I was just biding my time in the hopes someone (ANYONE) would provide a reasonable explanation for what happened.

Since my inquiries have gone unanswered, I think that's an answer in itself. You're right, this could be information that may help another writer approach with eyes-wide-open. So... the contact I signed was with Hades Publications (EDGE Science Fiction and Fantasy, Tesseract Books, Absolute XPress, Dragon Moon Press)

Absolute XPress (AXP) was a new venture into romance AND digital for Hades, and I NEVER would have gone with a 'newb' imprint at this stage without the solid backing of a publisher with a good rep--which according to everything I could find, Hades has (had?)

Things got off to a rocky start from the get-go (uber-quick edits, little communication, marketing efforts that were not carried through, release dates that were sent the DAY of release. Yeah, just...strange) When I inquired, the owner of Hades Publications explain it away as 'growing pains,' assured me the kinks would work themselves out and encouraged me to contact him with any other concerns.

I sucked it up, ordered my print books (which were expensive POD --not short print run as I'd been told) and carried on with the signing I'd informed the publisher I organized (with NO publisher support) I managed to sell 32 books. Hey, not too bad for a 'nobody' without support.

And then, a couple weeks later...I find that freaking link on facebook and discover that AXP is not even listing my book anymore!

Apparently (and I know none of this first hand as no one has bothered to contact me in MONTHS from MY publisher) instead of spending time expanding and marketing AXP, the 'manager' of AXP was 'working' for Hades and spending his time promo-ing his new romance pub and when the owner of Hades discovered this he washed his hands of the whole romance genre and decided to focus on the sci-fi/fantasy the company is more familiar with.

I'm every bit as hurt about the way this was dealt with as I am about the fact my book was pulled. If either of these individuals had taken a moment to explain the situation, I would have coped. Aside from the 'business of trying to grow a writing business' I OWN an actual business. I get the whole profit/loss/bottom line shit. Make it a business decision and deal with it as a business like decision.

I really didn't want to say anything negative about an otherwise respected publisher, but considering the 'business letters' I sent have been ignored, I feel more like I got caught in a cat fight with two men rather than a business decision.

So there ya go. Not sweet and certainly not short.

But as Hal pointed out, I hope it at least serves as info for someone.
 

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This has opened my eyes. I wish you the best of luck with moving on from this crap experience.
 

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I'm sorry for you Lainey, and I thank you for sharing this information with us.

I hope there could be a way for you to get the contract rights revert to you.
 

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Apparently (and I know none of this first hand as no one has bothered to contact me in MONTHS from MY publisher) instead of spending time expanding and marketing AXP, the 'manager' of AXP was 'working' for Hades and spending his time promo-ing his new romance pub and when the owner of Hades discovered this he washed his hands of the whole romance genre and decided to focus on the sci-fi/fantasy the company is more familiar with.

Lainey, I'm sorry to hear about this, and have no experience, legal or otherwise, but - when I read the above I couldn't help wondering whether, with legal advice, you could follow up on this discrepancy? I also wonder why, if you are a member of RWA or some similar organisation with clout, you don't get legal advice from them?

I know I can only offer sympathy and support, but hope it helps.
 

Cathy C

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Wow, Lainey. This has indeed been an eye-opener. Thanks for having the courage to put up the details. I know that can be scary and we'll keep it in mind with the "second hand" caveat you so rightly put up.

Fingers crossed it is merely a 'one door shuts as the other opens' situation, but please do get some legal representation on this. There's orphan and there's 'untouchable.' You want orphan. :)
 

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I'm really sorry to hear about this but thank you for sharing. I hope that things get better for you soon.
 

Judg

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So Hades is the publisher from hell then?

I don't buy the "small press" or "growing pains" argument either. I had a small one-woman business at one time and when it got to be too much for me, I pulled out and reimbursed every subscriber on a pro-rata basis. If you can't take the heat, get out of the kitchen, and clean up your mess before you go.

This should be in the Beware Forum. If it isn't already, that is.
 

Lainey Bancroft

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So Hades is the publisher from hell then?...

This should be in the Beware Forum. If it isn't already, that is.

For me, yes, Hades has been a hellish experience. I'm left feeling like I 'sacrificed' a kid. One of my cuter, funnier kids, to someone who didn't care about cute or funny. I'm sure the side trip into romance--a genre they were unfamiliar with--has been an equally hellish experience for Hades.

I didn't want Hades step (mis-step?) into romance to influence the opinion of their other imprints, nor did I want to be labeled a 'diva,' which is why I didn't widely post this. But considering four months have passed and I have still not received a SINGLE contact from the publisher, despite numerous attempts to clear the slate, I would at least like to caution other authors making contact.
 

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I so sorry to hear this. No advice, I'm afraid, only sympathy and admiration for your level-headed, realistic assessment.
 

IceCreamEmpress

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I've no idea why the book had D.O.B???

If two or more authors have the same name, the Library of Congress uses date of birth to distinguish between them. Still, that info should only appear in the "Cataloging in Publication" notice on the page opposite the title page.
 

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((Thanks, brainstorm.))

Hey, PortableHal. No particular reason for secrecy, I was just biding my time in the hopes someone (ANYONE) would provide a reasonable explanation for what happened.

Since my inquiries have gone unanswered, I think that's an answer in itself. You're right, this could be information that may help another writer approach with eyes-wide-open. So... the contact I signed was with Hades Publications (EDGE Science Fiction and Fantasy, Tesseract Books, Absolute XPress, Dragon Moon Press)

Absolute XPress (AXP) was a new venture into romance AND digital for Hades, and I NEVER would have gone with a 'newb' imprint at this stage without the solid backing of a publisher with a good rep--which according to everything I could find, Hades has (had?)

Things got off to a rocky start from the get-go (uber-quick edits, little communication, marketing efforts that were not carried through, release dates that were sent the DAY of release. Yeah, just...strange) When I inquired, the owner of Hades Publications explain it away as 'growing pains,' assured me the kinks would work themselves out and encouraged me to contact him with any other concerns.

I sucked it up, ordered my print books (which were expensive POD --not short print run as I'd been told) and carried on with the signing I'd informed the publisher I organized (with NO publisher support) I managed to sell 32 books. Hey, not too bad for a 'nobody' without support.

And then, a couple weeks later...I find that freaking link on facebook and discover that AXP is not even listing my book anymore!

Apparently (and I know none of this first hand as no one has bothered to contact me in MONTHS from MY publisher) instead of spending time expanding and marketing AXP, the 'manager' of AXP was 'working' for Hades and spending his time promo-ing his new romance pub and when the owner of Hades discovered this he washed his hands of the whole romance genre and decided to focus on the sci-fi/fantasy the company is more familiar with.

I'm every bit as hurt about the way this was dealt with as I am about the fact my book was pulled. If either of these individuals had taken a moment to explain the situation, I would have coped. Aside from the 'business of trying to grow a writing business' I OWN an actual business. I get the whole profit/loss/bottom line shit. Make it a business decision and deal with it as a business like decision.

I really didn't want to say anything negative about an otherwise respected publisher, but considering the 'business letters' I sent have been ignored, I feel more like I got caught in a cat fight with two men rather than a business decision.

So there ya go. Not sweet and certainly not short.

But as Hal pointed out, I hope it at least serves as info for someone.

I just wrote a long post about being reamed by one of the above. Dragon Moon I believe has books south of the border actually printed by Amazon for sale there. They yanked my contract (for 8 books) with no warning (among other issues with sales was that the image of my second book at their site DIDN'T WORK, so you'd have to be pretty motivated, persistent and web savvy to even buy the lousy thing from their site. Plus see other post about editing issues and text deleted from the finished product. The one good thing about their relationship with Hades was Ingrams and the fact that international sales and marketing were not a problem. They dropped several big orders of my first book because in part they just wouldnt communicate with the dist's. That was 40 books I missed selling. Currently, they're saying my short print run (still have never nailed them down on what that means, so who knows if my royalties are even accurate?) is done, no backstock so I can at least keep the book in circulation till I make other arrangments and yet Amazon mysteriously still lists them as the publ, which means I think DMP is getting paid money that is no longer rightfully theirs. Can't determine if Amazon.ca is out of stock or out of print --- I was told depleted stock would now be listed as "out of print." Sounds like the lovely beginning of a class action suit (and I can add civil rights to the mix due to the wording of my contract cancellation.
 
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