Well, I have spent the past 4 hours reading the board here at Absolute Write concerning PublishAmerica. It really is never-ending. However, I must say that I also signed a contract with PA. I have been content about how things are going, but I am not too far into the process yet. I'd read the reviews and kind of knew what I was getting into. I know that the royalties are a big concern, but I don't really care how much profit I make. I do think their share is a little excessive though. So right now I am waiting to be assigned an editor. I haven't been asked which editing option that I'd like yet and I don't have a release date or ISBN. I was contacted by PA text department and they said my manuscript contained content issues. My book is non-fiction and I don’t want to change anything about the story. However, I will gladly change the names of the people who wish I do so, but apparently that is not good enough. They state, “PublishAmerica requests that you revise your manuscript, and re-submit a novel that allows the book to truthfully state that ‘All characters in this book are fictitious, and any resemblance to real persons, living or dead, is coincidental.’.” I am very disappointed that this was not brought to my attention when I originally submitted my non-fiction manuscript. I wonder if they even read my manuscript to begin with. I am a new author and I know I should have looked into the legal boundaries of writing about someone, but I figured if that was an issue they would have told me from the beginning before accepting it and then leading me to believe that I was going to have a non-fiction book published. I’m a little frightened to move any further with this publisher. Now that I’ve given you a little background my questions are: at this point how difficult would it be to get out of the contract? If I do get out of the contract can I still publish my manuscript with another publisher (given that it is accepted by another publisher)? Is it a good idea to contact a lawyer? I ask you guys here at AW because from what I have read many of you have dealt with PA and know what to do. My book was also approved for photos and I emailed them the pictures to be put in the novel, so why didn’t I need to ask the people in the photos for permission to print them?
Questions about PA Contract
- Thread starter NightOwlWriter
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No, they didn't. PA has previously accepted sting manuscripts which consisted of thirty pages copied several times over, which they would have caught if they were reading the manuscripts. They would have checked to make sure your work didn't mention scams or any of the PA executives, but an actual reading would take too much time.
I'm going to let the people with more knowledge of the legalities and contracts answer those questions, but welcome to the board and I hope things work out for you!
Welcome to AW NightOwlWriter. There is a reason why publishers will ask for a disclaimer on a book. Not being an attorney, but having dealt with PA, the best advice I can offer you is this:
In your contract, paragraph #24, (I think it is) it should tell you how to contact PA for contract issues. My copy says to contact by them registered mail. Simply tell them that you no longer wish to proceed with publication, as well as anything else you have found that PA hasn't been up front and honest with you about, as far as your contract reads. If you already received your $1 advance, mail it back to them with the letter. Be sure to keep copies of everything you send and every reply you receive back from PA. If you contact an attorney, be sure to find one that handles royalty contract issues. They can also advise whether you need to change the names in your manuscript and why.
This is just my opinion, FWIW. I too hope that everything works out for you.
In your contract, paragraph #24, (I think it is) it should tell you how to contact PA for contract issues. My copy says to contact by them registered mail. Simply tell them that you no longer wish to proceed with publication, as well as anything else you have found that PA hasn't been up front and honest with you about, as far as your contract reads. If you already received your $1 advance, mail it back to them with the letter. Be sure to keep copies of everything you send and every reply you receive back from PA. If you contact an attorney, be sure to find one that handles royalty contract issues. They can also advise whether you need to change the names in your manuscript and why.
This is just my opinion, FWIW. I too hope that everything works out for you.
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You probably should have releases from the people in the photos.
Let me get this straight: You've submitted a non-fiction book, which they accepted. They now want you to re-write it as a novel.
I'd say you ought to tell them that they contracted for a non-fiction book, and if they don't like that they can cancel the contract.
Yes, you should get a lawyer.
Let me get this straight: You've submitted a non-fiction book, which they accepted. They now want you to re-write it as a novel.
I'd say you ought to tell them that they contracted for a non-fiction book, and if they don't like that they can cancel the contract.
Yes, you should get a lawyer.
Just tell them that you won't change the manuscript. They gave you a contract on a non-fiction book. You expect them to stand by it.
My guess is they'll send you a contract termination.
My guess is they'll send you a contract termination.
Thanks for the suggestions and the welcomes. 
If I did get out of the contract, would I be able to publish my manuscript somewhere else...maybe with Lulu? Or by signing that contract have I basically screwed myself? Oh so many questions I have, and I'll definitely be contacting a lawyer.
If I did get out of the contract, would I be able to publish my manuscript somewhere else...maybe with Lulu? Or by signing that contract have I basically screwed myself? Oh so many questions I have, and I'll definitely be contacting a lawyer.
If PA terminates the contract, I see nothing to prevent you from choosing to use Lulu. Of course, it might be worth your while to see if a commercial publishing house wants it first.
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Suggestion before paying a lawyer: Give PA the third degree and get the heck out of there...quickly.
Remember: if you allow PA to assign an isbn to the book, they become the publisher of record. Also, don't buy isbn's through lulu. They will price your book so high that realistic sales become impossible.
(Currently, our little press uses Lulu, but that is changing soon to Lightning Source.) We've done 13 books and a magazine through Lulu. Good place to learn how to create a book. Bad place to actually SELL books.
On PA in general: After interviewing several bookstore managers in the Seattle area, all told me virtually the same thing. They won't touch PA-published books. They can't obtain copies at 'normal wholesale' and there are other issues. I'm not taking this any further, due to PA's latest thing: suing people for defamation.
I can't say for sure, but I suspect these actions may have been a factor in the closing of The Rumor Mill. Maybe...
Remember: if you allow PA to assign an isbn to the book, they become the publisher of record. Also, don't buy isbn's through lulu. They will price your book so high that realistic sales become impossible.
(Currently, our little press uses Lulu, but that is changing soon to Lightning Source.) We've done 13 books and a magazine through Lulu. Good place to learn how to create a book. Bad place to actually SELL books.
On PA in general: After interviewing several bookstore managers in the Seattle area, all told me virtually the same thing. They won't touch PA-published books. They can't obtain copies at 'normal wholesale' and there are other issues. I'm not taking this any further, due to PA's latest thing: suing people for defamation.
I can't say for sure, but I suspect these actions may have been a factor in the closing of The Rumor Mill. Maybe...
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Go with Lulu only as a last resort, and consider leaving it in your desk drawer. Same deal as with PA. Lulu's cheaper, and the only errors in the text will be yours, but it isn't the way to get readers.
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I would agree with UJ and Dave that PA agreed to publish your non-fiction manuscript. If they are not willing to follow through with their contractual obligations, then they should release you and the manuscript from contract.
Tell them you are not willing to rewrite the manuscript as a work of fiction and request that they terminate the contract. Advise in your letter that you are returning their one dollar advance... in full.
Once you receive a written termination of the contract, you are free to submit the work for commercial publication or you can self-publish.
Note: Not legal advice. Just my personal non-legal recommendations.
I'm unaware that PA is suing people for defamation. Do you have links to court cases?
Tell them you are not willing to rewrite the manuscript as a work of fiction and request that they terminate the contract. Advise in your letter that you are returning their one dollar advance... in full.
Once you receive a written termination of the contract, you are free to submit the work for commercial publication or you can self-publish.
Note: Not legal advice. Just my personal non-legal recommendations.
I'm unaware that PA is suing people for defamation. Do you have links to court cases?
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Ask Dave Kuzminsky of P and E...
On a side note, but possibly related, is an article I posted up at Newsvine about the closure of The Rumor Mill.
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That lawsuit was not filed by Publish America. PA’s attorney filed it as an individual against P&E. He is suing P&E for things allegedly said about him.
There's a big difference.
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Thanks SouthernWriter! You may have me mistaken with someone else, I don't remember anyone being too rude to me over there, maybe some were not so friendly. Thanks for the warning. I know that I can obtain permission from most everyone I wrote about. Except for one person which I don't have any desire to contact nor would I even know where to find this person by now. I'll gladly change the person's name. I don't understand why that is not acceptable. Well, I guess I understand what could happen, but I am confident that this person would never do anything. Everything I wrote can be proven, but this person is not the center of my book and only appears in one chapter. I get so upset thinking about this and all the hard work I did. I went over my manuscript so many times and changed things then repeated that over and over until it was finally finished. The idea of changing anything other than grammar issues and other necessary edits sickens me. I think maybe it’s best to tell them I signed for non-fiction and that is what they are going to get. If they don’t like it then they can cancel the contract. I’ll be fine with that. I know they want to cover their ass, but I’m not going to slaughter my work for them. They should have told me in the beginning instead of dragging me along this far.
Thanks again everyone for the advice. I know that I will get honest answers here and that I don’t have to worry about my posts being removed.
Let PA be the ones to terminate the contract. Then you can keep the dollar. They deserve to lose a dollar on the deal for failing to live up to the contract.