The PublishAmerica Wars

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capitalistwriter

contracts

How do you get out of a contract? That's tough. You could always offer to buy the rights back, but then they might demand large sums of money.

Your best hope is probably to find a way in which they have failed to live up to their end--some way that they have breached the contract. In that case getting out is relatively easy, but still might require a visit to court.

This is one reason to be very careful about reading contracts before you sign them. Yes, I know, they are usually long and boring and it's a lot easier to just skim over the stuff you don't understand. DON'T DO IT! Read every word and--more importantly--understand it BEFORE you sign!

Good luck, LadyMyst.
 

tunskit

PA

I've been over my PA contract about a dozen times looking for an out. As far as I can tell, there isn't one. I remember reading on one of the PA boards that an author had been offered a publishing contract by a real publisher, but PA wouldn't let him out. My guess is, you're stuck until the seven years are up. I know exactly how you feel. I think the book with PA is fairly good, but I'm ashamed to have them listed as its publisher, so I've made little effort to publicize it.

Kit
 

marky48

PA Contract

I feel your pain. I put in a request to PA today that I want to end our relationship, such as it is. I made note of the fact that I received no so-called promotion cited in the said contract and the fact that they behaved unprofessionally in their responses to my concerns.

I was also banned from their website for confronting them. I've not had a response, and they haven't returned digital pictures I submitted with a test manuscript last spring. Since I gave them an already published POD book (they solicited such works) I don't think they have much of a case regardless of so-called rights, but we'll see. I mean iUniverse can still sell the same book and is at a lower price and different ISBN. The 49 copy thread has more. I say challenge them, they'll fold.
 

RebelWriter

PA

I agree, they don't even have a real office. Their apartment. I didn't get any promotion either. On amazon theres no info on my novel, just the title. Can't sell that way. My books aren't in real stores. The books are larger than regular paperback books. Too pricy also. Trouble doing promoting, cause most don't like PA. Don't take any of its writers seriously. How many are like us? If we did it together, stuck together. Without their spies who frecent these boards.
 

marky48

Mundania

This is a PA clone; everything is identical. It's a POD but royalties are higher that the 8% PA pays. "The Magic Fart?" I think that says it all. And the PA thing is in no way settled. Many PA authors come here complaining but only one is still holding court in PA's defense. Of course he has yet to have his book released so denial is still in full swing. PA authors should rescind their contracts immediately.
 

RebelWriter

Re: OK

I had thought the site seemed a lot like PA. I want books in regular stores, I don't mind e-publishing, and audio, as long as they are in real bookstores. Don't want to get caught again. PA was enough for me. I was wondering if anyone had heard of any investigations, or legal action against PA. Considering what they do to the writers. If there isn't somewhere we can get help. To stop it. To save our books? PA is spending a lot of money adverising themselves, not us in magazines and all. Yet they can't be bothered to put our covers and info out for the readers. Other publishers and agents don't consider us published at all. Any ideas?
 

marky48

Re: OK

Rebel, I'd be glad to work with you. I've tried breaking my contract with PA but they won't respond. Victoria at writer beware is more versed and experienced at battling them than I. She seems to think it could be a sticky affair legally since it is unlikely PA will cooperate. The fact that some authors are charged for 49+ books in stock (for a POD!) to leave is another sore point from our perspective. They can keep the rights for 7 years if we don't pay them. In their dreams at least.

I suggest trying to break your contract as I have and see if we can get a response. Generally all I get here is insulted by POD and PA authors defending these companies; even with the continued help of three professionals they still refute POD scamming is ocurring at all. There will always be willing customers as P.T. Barnum pointed out. I say fight them. Contact me. I don't know who you are at PA.
www.geocities.com/mark_y1/index.html
 

RebelWriter

Re: OK

Hi Marky
I hadn't heard about the book buying requirement. That isn't listed on the contract. Know any witches? Put a nice curse on the b..... I hate them. I wrote and they haven't answered me yet. They ignore me because I complained, earlier. Even when they didn't promote our books, told us the books would be in real stores and weren't? Who has the money for a court battle? If there were a lot of us, and we all did it the same time, and maybe put it on a site, that we did, and why. Perhaps we could get out of it together. What have you heard about the best way to fight them? I have found that they only print 5 books at a time. Until those are gone they don't print any more. The printer holds those books. So why so many? They lie.
 

marky48

Re: OK

Rebel,
I think I know who you are but your privacy is up to you. It's in the contract par#24, and on the 49 copy thread here. It says that they sometimes decide a book is no longer marketable and actually kick the authors out, and charge them on the back side so to speak. Witchcraft is out of my realm as a "naturalist." The company is a borderline criminal operation by Willem Meiners. Based on what I've seen herding cats is simple compared to organizing PA authors in revolt.

Even as we speak they are giving reports from Iceland and pumping out more books all the time. The authors think that if they get group signings it will help, and they'll drive to Ohio to get one. It's sad really. Real authors don't rely on such stunts. Let me know if you can find more who will join in. I don't know the people. The two I've warned won't respond. Take care.
 

tunskit

Re: OK

I'd love to break my contract with them, but haven't figured out how yet. Recently, a PA author posted on one of their threads that he had an offer from a NY publisher, but PA wouldn't let him out of the contract. There must be a way, but I haven't found it.
 

RebelWriter

Re: OK

An idea. Since some of want out, and there are probably a lot of us, since there are so many posting that. If we serf the net, and contact all those who feel as we do. Get together do a petition, and post it on the net as well. So all will know. Plus sending it to PA. We could stick together. Maybe that lawyer could help us. There are lots of sites out there, where writers go, just need to get everyone together, without the PA spies, and staff coming around.
I see where PA is banning some after they even dare to go to another message board. We need someone with clout to help us out here. Someone who knows what to do. Organize this, revolt. Can they stand against a load of writers who want out, and their rights returned. IF its all over the net, and their responces or lack there of?
 

marky48

Re: OK

I've heard from another PA author who they wouldn't let out so this is a real thing with them. I plan to write something up for 60 Minutes. People will be contacted that want to.
 

RebelWriter

Re: OK

Good idea Marky,
I have heard of things changing a lot when 60 minutes runs a story on them. If they did, it just might be the way to solve this.
 

writingal

60 Minutes

Hey, when you contact 60 Minutes please also mention to them Mars Publishing/Parent's Guide Press and how that company has cheated authors. You can read more about the company under that heading on the Bewares Board.
 

RebelWriter

Re: 60 Minutes

a lot of publishers and agents need to be revealed. But right now its Publish Americas turn. Since we have been burned by them. Too bad we couldn't find a lawyer that would take up the cause, and represent all of us.

There are too many crooked so called professional in the publishing business, and too many writers are getting caught. PA is taking in more than any other publisher it looks like.

There must be more places that could get involved with this. I guess we lose our $10 for the year. But its either be a sheep or be the wolf. Anybody think Oprah would listen? Since she got so much from PA?
 

marky48

Oprah?

What did Oprah get from PA? pacwritr said he sent 60 minutes an e-mail too, so maybe everyone should. Firethem a line and mention me so we're all tied together.
 

RebelWriter

Re: Oprah?

I believe it was the other site that PAcwriter was on. I went over there. THere was a thing about Oprah, she thanked PA at an awards dinner I think. For giving so many books, and money to something. Don't remember the details. But PA is trying to make everyone think they are real. Gave more than any other publisher in cash. Our money.
Do you have an email for 60 minutes? What did you say? We need to find more places to do this as well. I will write if you tell me where. Put a link for us. I will give it to others that I find as well.
Let me know if Pacwriter hears anything from his lawyer. There has to be an out, without costing us our books, and the money they have earned so far. If any.
 

marky48

Re: Oprah?

[email protected] You'll notice Oprah never made of an actual PA book. Pacwriter seems to be indeeper doo-doo than the rest of us. He'll let us know.
 

RebelWriter

Re: Oprah?

Got an idea, when we are surfing, and find sites with disgrunted PA authors. How about we let them know about 48 hours and 60 minutes the email addresses and ask them if they want to join us and send emails too?

How many are there so far? Others on other message boards here as well?
 

RebelWriter

Re: Oprah?

Its a start, Rome wasn't built in a day. But I think a avalanche is coming down on a certain company. We just keep looking for more writers, and giving them info, seeing who will join us. Do you think anyone at P & E would be interested? I wonder what 60 minutes and 48 hours will say? One of them has to do something.