Rutherford Press

[Poet23]

Anyone know anything about Rutherford Press, of British Columbia, Canada? Does anyone have first-hand experience with them?

 

[Helix]

Adding link: https://rutherfordpress.ca/

 

[Poet23]

I have a friend/acquaintance who was offered a contract by them. This friend has vision problems -- is near legal blindness; he has a machine that helps him read, and respond. The publisher told him that the only payment he would make would be for IngramSpark's upfront set-up initial administration fee of $49, IngramSpark being the printer that Rutherford Press uses, and then the actual invoiced cost for subsequent printing. My friend mistakenly thought the publisher was saying that my friend would have to pay for the Ingram cost of printing, not just the initial IngramSpark admin fee of $49. When he asked the publisher about it, the man got offended and hostile, refused further communication, and withdrew the contract offer!

I am not my friend's lawyer or legal representative; however, I am a published author also and have had rather extensive experience with book contracts from many small presses. My friend asked me my opinion of all this, and he also asked me to look at the contract. I told him that I had never seen a "traditional" publisher ask an author to pay IngramSpark's $49 initial admin fee, but considering the kind of reaction he got from the publisher due to a misunderstanding, I thought my friend was better off that the publisher did withdraw the contract offer. Also, as I mentioned, I did read through the contract and saw a couple of things there that either puzzled me or made me uncomfortable -- but I'll save going into that for later. For now, I'd like to get some thoughts from readers here about the things I've already talked about.

Thanks!

 

[zmethos]

Their site just looks like a repurposed Blogger site? And their "About" page talks about the inspiration for the name of the press but not about who is actually running the place. Also, as you point out, it's not usual for a publisher to ask a contracted author to pay for any part of the publishing process; the idea is that the publisher believes in the author and his/her book enough that they pay the costs for producing and publishing it and recoup that when the book sells. Finally, also as you mention, I wouldn't be keen to work with someone who shows such a temper.

 

[mrsmig]

I would ask your friend how they heard about the press in the first place, since RP's internet footprint is largely nonexistent. They don't have a listing on LinkedIn. Their contract address is a P.O. box in Qualicum Beach, a wee little town on the coast of Vancouver Island, BC. OrgBookBC shows the company as a sole proprietorship, registered in 2017. No owner of record is listed.

Their covers are uniformly amateurish. In some cases, the authors themselves designed their cover; in others, George Opacic (one of RP's other authors) was responsible for the cover as well as the book design. I suspected Mr. Opacic might be the owner/editor of the press; I found an article about one of his co-written books calling him "Qualicum Beach publisher and author George Opacic." And indeed, when I located his LinkedIn profile, he's listed as RP's owner. His background appears to be in HR, and he lists current employment as a consultant for business called Opalideas, which he owned up until 2011. I can't find any information about that company or what it does. What I don't see from Mr. Opacic's LinkedIn information is any background/experience in publishing, except for RP.

RP's book prices on Amazon seem a bit...random. A paperback book of poetry published in 2020 is listed $31.86 (at 204 pages); a 2021 kid's paperback of 32 pages is listed for $10.14. There appear to be few, if any, reviews of RP books on Amazon, so my guess is that RP's contribution to the book's success is to slap a cover on it, format it and make it available via Ingram.

Your friend should ask themselves what advantages this publisher can provide that they couldn't do for themselves via self-publishing.

 

[Poet23]

Their site just looks like a repurposed Blogger site? And their "About" page talks about the inspiration for the name of the press but not about who is actually running the place. Also, as you point out, it's not usual for a publisher to ask a contracted author to pay for any part of the publishing process; the idea is that the publisher believes in the author and his/her book enough that they pay the costs for producing and publishing it and recoup that when the book sells. Finally, also as you mention, I wouldn't be keen to work with someone who shows such a temper.

Thank you for your reply. You confirmed what I was thinking.

 

[Poet23]

I would ask your friend how they heard about the press in the first place, since RP's internet footprint is largely nonexistent. They don't have a listing on LinkedIn. Their contract address is a P.O. box in Qualicum Beach, a wee little town on the coast of Vancouver Island, BC. OrgBookBC shows the company as a sole proprietorship, registered in 2017. No owner of record is listed.

Their covers are uniformly amateurish. In some cases, the authors themselves designed their cover; in others, George Opacic (one of RP's other authors) was responsible for the cover as well as the book design. I suspected Mr. Opacic might be the owner/editor of the press; I found an article about one of his co-written books calling him "Qualicum Beach publisher and author George Opacic." And indeed, when I located his LinkedIn profile, he's listed as RP's owner. His background appears to be in HR, and he lists current employment as a consultant for business called Opalideas, which he owned up until 2011. I can't find any information about that company or what it does. What I don't see from Mr. Opacic's LinkedIn information is any background/experience in publishing, except for RP.

RP's book prices on Amazon seem a bit...random. A paperback book of poetry published in 2020 is listed $31.86 (at 204 pages); a 2021 kid's paperback of 32 pages is listed for $10.14. There appear to be few, if any, reviews of RP books on Amazon, so my guess is that RP's contribution to the book's success is to slap a cover on it, format it and make it available via Ingram.

Your friend should ask themselves what advantages this publisher can provide that they couldn't do for themselves via self-publishing.

Thanks for your response. Your details confirm my suspicions, and I totally agree with your last paragraph!

 

[frimble3]

I stopped reading at 'Qualicum Beach, BC', which is a tiny tourist town on Vancouver Island. Not Victoria, Nanaimo or Campbell River, which are big enough to support an actual business, but Qualicum Beach.
The owner (who is indeed George Opacic , why is he hiding this information?) has several books put out by his own press. He has also published several books by one other writer and a couple of other people. It sounds more like a hobby than a business.
No advances, and apparently royalties will be discussed 'later'.
If he's 'offended and hostile' now, I can't imagine that discussion going well.
There are probably a dozen small publishers on Vancouver Island, how did your friend hunt down this one?

I'd bet self-publishing would be just as good, if not better, if your friend is prepared to research and do the work.

 

[MaryLennox]

Your friend should ask themselves what advantages this publisher can provide that they couldn't do for themselves via self-publishing.

I would agree with this. A lot of these small presses don't really offer much of anything, yet take a percentage of sales (if any...) or ask for help paying for the publishing process (red flag!). Their website and book covers look very unprofessional. I would steer clear.

 

[Poet23]

I stopped reading at 'Qualicum Beach, BC', which is a tiny tourist town on Vancouver Island. Not Victoria, Nanaimo or Campbell River, which are big enough to support an actual business, but Qualicum Beach.
The owner (who is indeed George Opacic , why is he hiding this information?) has several books put out by his own press. He has also published several books by one other writer and a couple of other people. It sounds more like a hobby than a business.
No advances, and apparently royalties will be discussed 'later'.
If he's 'offended and hostile' now, I can't imagine that discussion going well.
There are probably a dozen small publishers on Vancouver Island, how did your friend hunt down this one?

I'd bet self-publishing would be just as good, if not better, if your friend is prepared to research and do the work.

My friend was referred to this publisher by a fellow writer that he met online.

I think it was indeed good fortune that this incident happened, although my friend was very upset and disappointed at the time. I think it turned out in his favor.

 

[Poet23]

I would agree with this. A lot of these small presses don't really offer much of anything, yet take a percentage of sales (if any...) or ask for help paying for the publishing process (red flag!). Their website and book covers look very unprofessional. I would steer clear.

Yes, I am in 100% agreement with you.

 

[Poet23]

Having gotten my friend's permission, I am going to post here a couple of things from the contract that gave me pause or was confusing.

First this: 5. PAYMENT
The Author agrees that the Publisher shall retain a fee of 15% of any royalties or other payments made on the sale of the subject work. It is mutually agreed that the printer/distributor shall issue such royalties or other payment to the Publisher, who shall then immediately send 85% of those funds to the Author. In the event of a successful sale of the subject work to another party for the purpose of creating a filmscript for a documentary, film or other media
presentation, the Publisher shall receive 10% of all royalties and monies that are received by the Author for these works. It shall be incumbent on the Author to advise any third parties (publishers, agents or producers) of this obligation.

And secondly this: 7. EXPENSES
The Author will reimburse the Publisher for direct expenses incurred in fulfilling this Agreement, including, but not limited to, photocopying, printouts, inputting, couriers, and postage. The Publisher will not incur any such expenses without the Author’s express written permission (emailed permission shall be equivalent to written).

Can anyone explain the royalty arrangement above in item 5? I've never read anything like it.

And item 7 makes this press sound like an author mill.

 

[BenPanced]

Having gotten my friend's permission, I am going to post here a couple of things from the contract that gave me pause or was confusing.

First this: 5. PAYMENT
The Author agrees that the Publisher shall retain a fee of 15% of any royalties or other payments made on the sale of the subject work. It is mutually agreed that the printer/distributor shall issue such royalties or other payment to the Publisher, who shall then immediately send 85% of those funds to the Author. In the event of a successful sale of the subject work to another party for the purpose of creating a filmscript for a documentary, film or other media
presentation, the Publisher shall receive 10% of all royalties and monies that are received by the Author for these works. It shall be incumbent on the Author to advise any third parties (publishers, agents or producers) of this obligation.

And secondly this: 7. EXPENSES
The Author will reimburse the Publisher for direct expenses incurred in fulfilling this Agreement, including, but not limited to, photocopying, printouts, inputting, couriers, and postage. The Publisher will not incur any such expenses without the Author’s express written permission (emailed permission shall be equivalent to written).

Can anyone explain the royalty arrangement above in item 5? I've never read anything like it.

And item 7 makes this press sound like an author mill.

You get 85% of the standard publication royalties. If you sell the media rights -- movie, TV series (though "filmscript for a documentary, film or other media presentation" is so vague, it even sounds like they'd want that additional 10% for a comic book series) -- then they'd get 10% of however much your deal with the movie or TV studio is worth. Media rights should only be sold by an experienced agent and never by a publisher.

Item 7 definitely makes this place sound like an author mill. And item 5 makes this place sound like anybody who signs with them will get royally screwed.

 

[frimble3]

I have a friend/acquaintance who was offered a contract by them. This friend has vision problems -- is near legal blindness; he has a machine that helps him read, and respond. The publisher told him that the only payment he would make would be for IngramSpark's upfront set-up initial administration fee of $49, IngramSpark being the printer that Rutherford Press uses, and then the actual invoiced cost for subsequent printing. My friend mistakenly thought the publisher was saying that my friend would have to pay for the Ingram cost of printing, not just the initial IngramSpark admin fee of $49. When he asked the publisher about it, the man got offended and hostile, refused further communication, and withdrew the contract offer!

I am not my friend's lawyer or legal representative; however, I am a published author also and have had rather extensive experience with book contracts from many small presses. My friend asked me my opinion of all this, and he also asked me to look at the contract. I told him that I had never seen a "traditional" publisher ask an author to pay IngramSpark's $49 initial admin fee, but considering the kind of reaction he got from the publisher due to a misunderstanding, I thought my friend was better off that the publisher did withdraw the contract offer. Also, as I mentioned, I did read through the contract and saw a couple of things there that either puzzled me or made me uncomfortable -- but I'll save going into that for later. For now, I'd like to get some thoughts from readers here about the things I've already talked about.

Thanks!

Your friend is lucky to have a friend like you, who has dealt with small press contracts before and understands concepts like 'author mill'.
And, I agree, your friend was lucky that the contract was 'withdrawn'.

 

[Poet23]

You get 85% of the standard publication royalties. If you sell the media rights -- movie, TV series (though "filmscript for a documentary, film or other media presentation" is so vague, it even sounds like they'd want that additional 10% for a comic book series) -- then they'd get 10% of however much your deal with the movie or TV studio is worth. Media rights should only be sold by an experienced agent and never by a publisher.

Item 7 definitely makes this place sound like an author mill. And item 5 makes this place sound like anybody who signs with them will get royally screwed.

Couldn't agree more. Thanks!

 

[Poet23]

Your friend is lucky to have a friend like you, who has dealt with small press contracts before and understands concepts like 'author mill'.
And, I agree, your friend was lucky that the contract was 'withdrawn'.

Thanks, and yes he was lucky that he didn't get a chance to go with this company. It really makes me angry, this kind of stuff. There are lots of unscrupulous companies/individuals out there.

 

[frimble3]

Thanks, and yes he was lucky that he didn't get a chance to go with this company. It really makes me angry, this kind of stuff. There are lots of unscrupulous companies/individuals out there.

And sometimes the line between 'unscrupulous' and 'incompetent' is blurry indeed.

 

[Poet23]

And sometimes the line between 'unscrupulous' and 'incompetent' is blurry indeed.

Yes, that's right, and sometimes they're both.

 

[mrsmig]

I wouldn't call this press an "author mill." An author mill doesn't usually charge any up-front fees (that way it can market itself as a "traditional" publisher), but it churns out a large amount of substandard books yearly, making a little bit of money from each. (Think of a puppy mill, where dogs are bred indiscriminately, the emphasis being on quantity rather than quality.) Rutherford only produces a few books each year. A third of its catalog was written by the same author (who, coincidentally, happens to live just a couple hours' drive away from Qualicum Beach). To me, this outfit seems more like a micro-vanity press than an author mill.

Those contract clauses are just weird. I don't see how a publisher retaining only 15% of sales could stay in business. However, given the draw-it-yourself covers and the lack of marketing/promo, plus the fact that authors are expected to cover the Ingram set-up costs as well as the incidentals in #7, the press may not actually have much in the way of production costs.

I've seen language similar to #7 in agent contracts. (My former agency had one, but I was never charged for any shipping or postage to my knowledge.) Writer Beware has this to say about it:

it’s standard practice among reputable agents to expect clients to reimburse some of the expense related to the marketing of manuscripts. Usually, this means expenses incurred on the client’s behalf over and above the ordinary cost of doing business–photocopying, postage/Fed Ex, long-distance calls, advance reading copies or finished books sent to co-agents overseas. In the pre-digital era, this might amount to a few hundred dollars a year; these days, with most business done electronically, you shouldn’t expect to be on the hook for more than a couple of hundred dollars total.

I haven't seen that language in a publisher contract before. That, coupled with the language about 10% of film rights, etc. (something a publisher has no right to claim), solidifies my belief that this small press is being run by a hobbyist who's making it up as he goes along, and its sins are born of ignorance rather than active predation. In either case, Poet23's friend is better off out of it.

 

[Poet23]

I wouldn't call this press an "author mill." An author mill doesn't usually charge any up-front fees (that way it can market itself as a "traditional" publisher), but it churns out a large amount of substandard books yearly, making a little bit of money from each. (Think of a puppy mill, where dogs are bred indiscriminately, the emphasis being on quantity rather than quality.) Rutherford only produces a few books each year. A third of its catalog was written by the same author (who, coincidentally, happens to live just a couple hours' drive away from Qualicum Beach). To me, this outfit seems more like a micro-vanity press than an author mill.

Those contract clauses are just weird. I don't see how a publisher retaining only 15% of sales could stay in business. However, given the draw-it-yourself covers and the lack of marketing/promo, plus the fact that authors are expected to cover the Ingram set-up costs as well as the incidentals in #7, the press may not actually have much in the way of production costs.

I've seen language similar to #7 in agent contracts. (My former agency had one, but I was never charged for any shipping or postage to my knowledge.) Writer Beware has this to say about it:



I haven't seen that language in a publisher contract before. That, coupled with the language about 10% of film rights, etc. (something a publisher has no right to claim), solidifies my belief that this small press is being run by a hobbyist who's making it up as he goes along, and its sins are born of ignorance rather than active predation. In either case, Poet23's friend is better off out of it.

Thanks for your thoughts. Even though my friend was disappointed and depressed about the whole thing, I believe I've finally convinced him that he is indeed better off out of it, as you say. I think he's feeling better about things now.

 

[MaryLennox]

Thanks, and yes he was lucky that he didn't get a chance to go with this company. It really makes me angry, this kind of stuff. There are lots of unscrupulous companies/individuals out there.

I often get frustrated by the sheer amount of vanity presses and tricksters out there. I've even tried explaining this to some local authors and they just don't seem to care. They're so desperate to be a "real published author" that they're willing to be pay thousands of dollars to have their books published, and on top of that they don't even get the proper editing services they've paid for and ZERO marketing help. It's sad.

 

[Poet23]

I often get frustrated by the sheer amount of vanity presses and tricksters out there. I've even tried explaining this to some local authors and they just don't seem to care. They're so desperate to be a "real published author" that they're willing to be pay thousands of dollars to have their books published, and on top of that they don't even get the proper editing services they've paid for and ZERO marketing help. It's sad.

So true. And many are even willing to transfer ownership of their copyright if they can just be published. I will never do that. I don't think authors realize the ramifications of doing it, or either, as you say, they just don't care, as long as they can get published by someone, anyone.

 

[mccardey]

I often get frustrated by the sheer amount of vanity presses and tricksters out there. I've even tried explaining this to some local authors and they just don't seem to care. They're so desperate to be a "real published author" that they're willing to be pay thousands of dollars to have their books published, and on top of that they don't even get the proper editing services they've paid for and ZERO marketing help. It's sad.

It's really sad and really mean, and the people who get caught up in it are often the last people you want to hurt by pointing out the scam. I really hate this stuff

 

[Poet23]

It's really sad and really mean, and the people who get caught up in it are often the last people you want to hurt by pointing out the scam. I really hate this stuff

I know what you're talking about. I hate it, too.

A few years ago, I had a manuscript accepted for publication by a small press. I was elated, until I read the contract. Actually, it wasn't a bad one -- until I got to the provision for author copies. The publisher would grant only a 20% discount to the author. I turned it down, on that basis alone. If a publisher's main source of income is selling books to its authors, I don't consider that a legitimate press.

Another thing: If a publisher is unwilling to negotiate a contract, that ends it for me.

 

[MaryLennox]

And yet it's so easy to do a Google search and find out the truth. Or visit a writing board like this one and ask for advice, like the original poster did. It's called research! Why would you throw your money at something and do zero research? Some people don't know any better and others are just purposely turning a blind eye. Arrghhh.

One of the people I tried to convince not to use a certain publisher did it anyway. And now they purposely don't attempt to get reviews because they don't want to risk getting bad reviews (they already got a few). I mean...I get it. Bad reviews suck. But that's part of putting a book out into the world and being an author! You take that risk. It's part of the occupation. They want to be an author but they don't want anyone to read their book, even though they paid thousands of dollars to put it out? It doesn't make sense. Okay, I'm getting off track now. I'll stop before I go into full rant mode.